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Articles 1471 - 1500 of 3365
Full-Text Articles in Law
A Cry For Reform In Construing Washington Muncipal Corporation Statutes—Chemical Bank V. Washington Public Power Supply System, 99 Wn. 2d 772, 666 P.2d 329 (1983), Richard Shattuck
A Cry For Reform In Construing Washington Muncipal Corporation Statutes—Chemical Bank V. Washington Public Power Supply System, 99 Wn. 2d 772, 666 P.2d 329 (1983), Richard Shattuck
Washington Law Review
In Chemical Bank v. Washington Public Power Supply System (WPPSS), the Washington Supreme Court invalidated a participants' agreement among municipal corporations for joint development of nuclear power plants. The supreme court held that the agreement was void and unenforceable against Washington cities, towns, and public utility districts because these municipal corporations had no authority to enter into the participants' agreement. This Note examines Chemical Bank and its application of Washington municipal corporation law. The Note briefly identifies Washington municipal corporation law prior to Chemical Bank and considers how Chemical Bank relates to this prior law. The Note then discusses some …
Money Damages For Breach Of The Federal-Indian Trust Relationship After Mitchell Ii—United States V. Mitchell, 103 S. Ct. 2961 (1983), Kimberly T. Ellwanger
Money Damages For Breach Of The Federal-Indian Trust Relationship After Mitchell Ii—United States V. Mitchell, 103 S. Ct. 2961 (1983), Kimberly T. Ellwanger
Washington Law Review
Recently, plaintiffs have relied upon the federal-Indian trust relationship more often to provide a legal basis for holding the federal government liable in money damages for breach of its trust duties. In United States v. Mitchell (Mitchell II) the Supreme Court affirmed a Court of Claims decision holding the United States accountable in money damages for breach of fiduciary duties in its management of forest resources on allotted lands of the Quinault Reservation. Although it had rejected a similar claim by the same plaintiffs based on the General Allotment Act, the Court found that timber management statutes and regulations created …
State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Part Ii, Richard O. Kummert
State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Part Ii, Richard O. Kummert
Washington Law Review
The main body of my analysis of state statutory restrictions on corporate financial distributions appears in the second section following this introduction. The intervening section provides a brief summary of the interests of groups in society that are affected by such restrictions. That material, derived from the first part of this article, forms the necessary underpinning for the analysis of costs and benefits resulting from any form of regulation of corporate financial distributions.
Constitutionalizing Civil Commitment: Another Attempt—In Re Harris, 98 Wn. 2d 276, 654 P.2d 109 (1982), Betty L. Drumheller
Constitutionalizing Civil Commitment: Another Attempt—In Re Harris, 98 Wn. 2d 276, 654 P.2d 109 (1982), Betty L. Drumheller
Washington Law Review
This Note first discusses recent statutory and judicial reforms of involuntary mental commitment procedures in the United States and Washington. It then analyzes the Washington Supreme Court's decision in In re Harris, focusing on the court's interpretation of the required standard for involuntary commitment and the new procedural requirements for issuance of a summons. The Note concludes that the Washington Supreme Court took a significant but incomplete step in conforming the Washington involuntary commitment procedures to the requirements of the United States Constitution.
Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester
Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester
Washington Law Review
This Comment briefly traces the history of subdivision regulation in Washington as a means of imposing conditions on developers or exacting land dedication or fee payment from developers. It discusses the Hillis Homes decision and analyzes the relationship between the new state statute and other statutory land use regulations. This Comment concludes that, although a municipality's authority to impose development fees has been limited, existing statutory authority still allows a municipality to impose conditions on subdivision development.
Limited Relief For Federal Employees Hypersensitive To Tobacco Smoke: Federal Employers Who'd Rather Fight May Have To Switch, Carolyn Cliff
Limited Relief For Federal Employees Hypersensitive To Tobacco Smoke: Federal Employers Who'd Rather Fight May Have To Switch, Carolyn Cliff
Washington Law Review
Despite legislative and judicial efforts to control tobacco smoking in public places, smoking in the workplace continues to cause problems. This Comment analyzes two recent decisions that addressed claims for relief by federal government employees who suffer severe reactions to tobacco smoke: Parodi v. Merit Systems Protection Board, and Vickers v. Veterans Administration. The claims were brought under statutory schemes designed to meet the employment needs of the physically or mentally disadvantaged. The relief granted or considered in each decision gave the hypersensitive nonsmoker only a partial victory. In addition, the Vickers and Parodi decisions offer no assistance to nonsmokers …
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman
Washington Law Review
The basic objectives of Washington real property law and of the Deed of Trust Act can be achieved only through a systematic approach to court actions contesting the nonjudicial foreclosure of deeds of trust. This Comment proposes judicial interpretations and legislative amendments designed to maintain the efficiency of the nonjudicial foreclosure process while enhancing both the fairness of the process and the stability of the land title system.
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Washington Law Review
The Washington Supreme Court held that: (1) the increase in value of separate property is presumptively separate, unless the community claimant rebuts the presumption by direct and positive proof that community contributions caused the increase, and (2) the community is entitled to a share of the inflationary increase in the value of the separate property proportionate to the community contributions.
Protecting The People's Waters: The California Supreme Court Recognizes Two Remedies To Safeguard Public Trust Interests In Water—National Audubon Society V. Superior Court, 33 Cal. 3d 419, 658 P.2d 709, 189 Cal. Rptr. 346, Cert. Denied, 104 S. Ct. 413 (1983), Kevin M. Raymond
Washington Law Review
This Note outlines the public trust remedies presently in place in California by discussing the background of the public trust doctrine and the appropriative water rights system in California as well as the holdings of the Mono Lake court. This Note also proposes changes to improve both the administrative and judicial public trust remedies.
The Functions Of Consumer Reporting Agencies Under The Fair Credit Reporting Act—Bryant V. Trw, Inc., 689 F.2d 72 (6th Cir. 1982), Barbara C. Sherland
The Functions Of Consumer Reporting Agencies Under The Fair Credit Reporting Act—Bryant V. Trw, Inc., 689 F.2d 72 (6th Cir. 1982), Barbara C. Sherland
Washington Law Review
This Note first reviews the purpose and function of a consumer reporting agency and discusses the provisions of the FCRA that pertain to consumer reporting agencies and judicial interpretations of those provisions. It then analyzes the Bryant decision in light of the policies behind the FCRA and criticizes the effect of the FCRA in sheltering reporting creditors. This Note concludes that the Bryant decision should be read narrowly to reflect the true spirit of the FCRA. Consumer reporting agencies must be permitted to function as mere conduits of information without incurring liability for inaccuracies over which they have no control. …
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
Washington Law Review
This article will present the different positions that courts have taken during these recent years of experimentation in landlord premises liability, discuss how courts have become muddled in sorting out the various theories, and propose a system of liability that would be fair and soundly based on modem policy considerations. We shall first place the question in context by considering the traditional theories of liability. We will then discuss the statutory impact on landlord responsibility and consider the recent tort and warranty theories that set the stage for the period of experimentation. Our ultimate objective is to arrive at ,a …
Foremost Insurance Co. V. Richardson: If This Is Water, It Must Be Admiralty, Phyllis D. Camilla, Michael P. Drzal
Foremost Insurance Co. V. Richardson: If This Is Water, It Must Be Admiralty, Phyllis D. Camilla, Michael P. Drzal
Washington Law Review
This article will examine the two decisional approaches that the Richardson Court considered in support of the proposition that admiralty jurisdiction should not apply to the facts of the case before it, and will explore the shortcomings of each in an attempt to understand why the majority ultimately felt compelled to reject both. The article will then focus on the five specific arguments thought to mandate that rejection, demonstrating that the conclusion the Court reached is not logically supportable. Finally, a new approach to the issue will be forwarded, one that provides the basis for a more rational approach to …
The Establishment Clause And Liquor Sales: The Supreme Court Rushes In Where Angels Fear To Tread—Larkin V. Grendel's Den, 103 S. Ct. 505 (1982), Cynthia A. Krebs
The Establishment Clause And Liquor Sales: The Supreme Court Rushes In Where Angels Fear To Tread—Larkin V. Grendel's Den, 103 S. Ct. 505 (1982), Cynthia A. Krebs
Washington Law Review
This Note examines the Supreme Court opinion, focusing on two statements made by the Court. First, the Court maintained that the purported secular objectives of the Massachusetts statute could be constitutionally achieved by less drastic means. Second, the Court implied that, had the Massachusetts law provided adequate assurance that the veto power delegated to churches would be used in a "religiously neutral way," the statute might have been sustained. This Note maintains that the constitutionality of an outright ban on liquor outlets in the proximity of churches is doubtful because such a statute would be secular in neither purpose nor …
Restricted Distribution Contracts And The Opportunistic Pursuit Of Treble Damages, Henry N. Butler
Restricted Distribution Contracts And The Opportunistic Pursuit Of Treble Damages, Henry N. Butler
Washington Law Review
The analysis presented in this article addresses the narrow issue of the effects of potential treble damage actions on the behavior of contractually-related manufacturers and distributors. Part II of this article presents the notion of opportunistic behavior, which has influenced much of the economic analysis and the Supreme Court's recent treatment of vertical nonprice restraints. The transformation of the threat of opportunism into socially-wasteful expenditures of resources is also discussed. Part III examines the problematic role of opportunism in the distribution of goods, restricted distribution practices that aim to solve the problem, and the antitrust treatment of such restricted distribution …
Toward A Unified Reasonable Use Approach To Water Drainage In Washington, Gregory C. Sisk
Toward A Unified Reasonable Use Approach To Water Drainage In Washington, Gregory C. Sisk
Washington Law Review
Competition for scarce water resources has been the predominant concern in Washington water law, but this Comment focuses on the opposite problem—the disposal of unwanted water. Water drainage has great significance as a problem which permeates land development. Almost any development of land is likely to alter the flow of water draining from the land to the possible harm of neighboring property. While many aspects of drainage are now regulated through institutional bodies created by the state legislature and municipalities, this Comment addresses the problems that arise between neighboring landowners when one alters the drainage of water to the consequent …
Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange
Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange
Washington Law Review
In analyzing the court's decision in In re R., this Note will first review the physician-patient privilege. Next, it will assess the court's analysis and application of the statutory waiver in section 71.05.250 of the Washington Revised Code to hearings for ninety-day commitment. This Note concludes that while the court correctly applied the statutory waiver to hearings for ninety-day commitment, the court's standard of reasonableness in applying the waiver of the privilege in this case was improper. Because the physician-patient privilege is a valuable tool in encouraging patients to seek therapeutic treatment, this Note recommends that the courts require a …
Minority Shareholders And Cashout Mergers: The Delaware Court Offers Plaintiffs Greater Protection And A Procedural Dilemma—Weinberger V. Uop, Inc., 457 A.2d 701 (Del. 1983), John T. Mclean
Washington Law Review
Before Weinberger, Delaware law allowed a minority shareholder, dissatisfied with a cashout merger, to seek either the sure but conservative remedy of an appraisal action or the less certain but more liberal remedy of an equitable action. The new fairness action combines allegations of unfair price and unfair dealing. However, the court appears to ground plaintiffs' monetary remedies in the appraisal statute which was designed only to remedy unfair price. More important, the court requires plaintiffs to follow the technical procedures outlined in the appraisal statute. While these procedures allow sufficient time for allegations of unfair price, they would severely …
Sufficiency Of A Separation Agreement For Tax Purposes—Jacklin V. Commissioner, 79 T.C. 340 (1982), Kay Brown
Sufficiency Of A Separation Agreement For Tax Purposes—Jacklin V. Commissioner, 79 T.C. 340 (1982), Kay Brown
Washington Law Review
In Jacklin v. Commissioner, the Tax Court addressed a dispute concerning the deductibility of alimony payments under a separation agreement that did not specify a dollar amount. Under this agreement, the payor spouse was to pay to the recipient spouse whatever funds were necessary to sustain the standard of living which she had previously enjoyed. The court held that this agreement was sufficiently precise under section 71(a)(2) of the Internal Revenue Code to allow the payor spouse to deduct the payments. This Note explores the legal tensions created by the court's decision. It asserts that the decision blurs the line …
Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson
Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson
Washington Law Review
Part I of this Comment evaluates the new hearsay exception as a rule of evidence. It concludes that the exception is an appropriate solution to the special hearsay problems that arise in child sexual abuse cases. Part II considers whether the exception violates the accused's constitutional right to confront the witnesses against him or her. It concludes that the exception is not unconstitutional per se, although specific applications of the exception may be unconstitutional.
Defining And Valuing The Base Of The Property Tax, Joan M. Youngman
Defining And Valuing The Base Of The Property Tax, Joan M. Youngman
Washington Law Review
This article will consider the applicability of the "summation-of-interests" definition of property to the easement question generally, and will conclude that it is preferable to its alternatives in that context as well. The "summation-of-interests" definition in the easement context contradicts precedent established early in this century and accepted by a majority of jurisdictions. However, this precedent is based upon a number of logical errors: it equates property rights with property value, assumes that "property" must be defined as the rights retained by the owner of the fee, and sets the realizable sale price of the owner's interest as an upper …
Spendthrift Trusts In Washington—The Statutory Restraint Upon Involuntary Alienation, Thomas W. Read
Spendthrift Trusts In Washington—The Statutory Restraint Upon Involuntary Alienation, Thomas W. Read
Washington Law Review
This Comment first examines the historical origins of section 6.32.250 of the Washington Revised Code, the Washington statute which greatly restricts the involuntary alienation of a beneficial trust interest. It then documents the problems that this statute has created for Washington courts. Finally, it concludes that section 6.32.250 has created needless confusion and recommends that the Washington legislature either repeal or revise the statute.
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
The Non-Lawyer Guardian Ad Litem In Child Abuse And Neglect Proceedings: The King County, Washington, Experience, Nancy Neraas
Washington Law Review
Part I of this Comment surveys the various theories of the role of the guardian ad litem in child abuse proceedings. Part II turns to the need for independent representation for abused children and the appropriate role of the guardian ad litem. It demonstrates that neither the state nor the parents can adequately protect the interests of abused children and concludes that a guardian ad litem plays an important role for the children. Part III outlines the Washington state child abuse legislation and discusses the use of guardians ad litem in Washington child abuse proceedings. This legislation provides the framework …
Administrative Adjudication—A New Legal Standard For Its Use—Ford Motor Co. V. Ftc, 673 F.2d 1008 (9th Cir. 1981), Cert. Denied, 103 S. Ct. 358 (1982), Barbara Himes Schuknecht
Administrative Adjudication—A New Legal Standard For Its Use—Ford Motor Co. V. Ftc, 673 F.2d 1008 (9th Cir. 1981), Cert. Denied, 103 S. Ct. 358 (1982), Barbara Himes Schuknecht
Washington Law Review
This Note examines prior case law concerning agency use of adjudication for policy formulation. It also analyzes policy considerations both for and against that practice. The Note concludes that the Ninth Circuit's formula for abuse of discretion represents a new, and inadvisable, legal standard. Although Ford may have been an appropriate case for rulemaking, the court created an overly broad standard for when rulemaking must be used. This standard may preclude judicial consideration of policy factors favoring adjudication when the result of the adjudication is one which changes existing law and has widespread application. Furthermore, the Ford standard might deprive …
Washington Recognizes Wrongful Birth And Wrongful Life—A Critical Analysis—Harbeson V. Parke-Davis, 98 Wn. 2d 460, 656 P.2d 483 (1983), Philip J. Vanderhoef
Washington Recognizes Wrongful Birth And Wrongful Life—A Critical Analysis—Harbeson V. Parke-Davis, 98 Wn. 2d 460, 656 P.2d 483 (1983), Philip J. Vanderhoef
Washington Law Review
The Washington Supreme Court recently recognized both wrongful birth and wrongful life causes of action in Harbeson v. Parke-Davis, Inc. The court joined a growing number of jurisdictions that grant a wrongful birth claim. In recognizing the wrongful life claim, however, the court broke with the great weight of authority. This Note briefly examines the facts of the Harbeson case. Then, in separate sections, the Note reviews the legal background for the wrongful birth and wrongful life causes of action and analyzes and criticizes the court's reasoning on each claim. The analysis and criticism of the wrongful birth claim is …
Some Thoughts On The Decline Of Private Property, Joseph L. Sax
Some Thoughts On The Decline Of Private Property, Joseph L. Sax
Washington Law Review
A case could be made for the proposition that property rights have been in a state of more-or-less continuous decline for many decades, and that there is nothing to report on that front but more of the same. I do not agree. I believe that we have moved in recent years from a situation (characterized by conventional urban zoning) in which we generally encourage developmental rights, though recognizing they must from time to time be restrained, to one in which developmental activity has itself become suspect. As a result, we are in the midst of a major transformation in which …
Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold
Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold
Washington Law Review
The object of this article is to identify what makes evidence unfairly prejudicial. The first part analyzes the language of and the policies behind Rule 403, and demonstrates that the courts' current ad hoc approach has frustrated those policies and prevented the rule from operating as written. Part II analyzes the nature of unfairly prejudicial evidence in light of the policies intended to be advanced by Rule 403. That part concludes that evidence may be considered unfairly prejudicial when it has a tendency to cause the trier of fact to commit an inferential error. The third part describes recent empirical …
Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth
Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth
Washington Law Review
Actions alleging municipal tort liability for negligent administration of building and zoning codes are part of the current judicial and legislative trend to abolish municipal tort immunity. In surveying how such actions are treated, this Comment briefly examines the historical background of governmental immunity. It then categorizes the states according to the scope of governmental tort immunity currently recognized. After establishing these categories, this Comment applies the law under each category to the facts of Preston v. City of Daniellville, the hypothetical case. It then analyzes the public duty defense raised by the municipality, focusing on the origin of the …
The Psychotherapist-Patient Privilege In Washington: Extending The Privilege To Community Mental Health Clinics, William Whitmore Hague
The Psychotherapist-Patient Privilege In Washington: Extending The Privilege To Community Mental Health Clinics, William Whitmore Hague
Washington Law Review
This Comment examines recent amendments to Washington's Community Mental Health Services Act, which arguably extend the privilege to communications made between patients and employees of state mental health clinics and agencies. After reviewing the justifications for the psychotherapist-patient privilege, part I of this Comment discusses the present structure of the privilege in Washington. Part II considers the amendments to the Community Mental Health Services Act and concludes that these amendments are beneficial because they extend the availability of confidential mental health treatment to the poor without greatly limiting the amount of admissible evidence. Last, this Comment proposes a comprehensive psychotherapist-patient …
Free Speech, Initiative And Property Rights In Conflict—Four Alternatives To The State Action Requirement In Washington—Alderwood Associates V. Washington Environmental Council, 96 Wn. 2d 230, 635 P.2d 108 (1981), James R. Spady
Washington Law Review
This Note reviews the legal background of the Alderwood controversy, summarizes the court's opinions and analyzes the approaches taken by the plurality and concurrence. It argues that Alderwood reached the correct result, but concludes that neither the plurality nor the concurring opinion provides a satisfactory justification for that result. Two superior alternatives are proposed: (1) direct balancing, in which the state action requirement is explicitly abandoned; and (2) the traditional public function doctrine, in which the state action requirement is retained, but with an exception for private property performing a "traditional public function."
Copyright And Factual Works—Is Research Protected?—Miller V. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981), Edwin K. Sato
Copyright And Factual Works—Is Research Protected?—Miller V. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981), Edwin K. Sato
Washington Law Review
Gene Miller, a reporter for the Miami Herald, collaborated with a kidnapping victim in writing the book 83 Hours Till Dawn. The book detailed the victim's experience of being placed in a coffin-like container and buried alive in the Georgia woods for five days. Universal City Studios negotiated with Miller to purchase the movie rights to the work, but no agreement was reached. Nevertheless, Universal produced and aired a television movie about the kidnapping. Miller brought an action alleging that Universal's making of the movie infringed his copyright in the book. The trial court instructed the jury that, while facts …