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Articles 1501 - 1530 of 3365
Full-Text Articles in Law
New Life For The Doctrine Of Unconstitutional Conditions?—Committee To Defend Reproductive Rights V. Myers, 29 Cal. 3d 252, 625 P.2d 779, 172 Cal. Rptr. 866 (1981), David M. Schoeggl
New Life For The Doctrine Of Unconstitutional Conditions?—Committee To Defend Reproductive Rights V. Myers, 29 Cal. 3d 252, 625 P.2d 779, 172 Cal. Rptr. 866 (1981), David M. Schoeggl
Washington Law Review
This Note traces the development of the doctrine of unconstitutional conditions both in California and in the federal courts and compares the doctrine with equal protection analysis in the context of the abortion funding cases. The Note concludes that the Myers court should not have applied the doctrine of unconstitutional conditions because the doctrine was not applicable to the facts of the case and because equal protection analysis provides a better analytical tool for deciding such cases.
Community Property Law In The United States, By W.S. Mcclanahan (1982) And Community Property In The United States, By William A. Reppy, Jr. And Cynthia A. Samuel (1982), Harry M. Cross
Washington Law Review
These two books with almost identical titles serve similar purposes for two different audiences—the McClanahan treatise for the practicing lawyer, the Reppy and Samuel casebook for the law student (and professor). Both books present the current community property law of the several American states, and in both the coverage of the principles of community property law as that law has developed in the United States will facilitate comparative analysis. This coverage may also minimize the apparent provincialism of decisions in the several states, at least for those problems not already resolved and therefore constrained by stare decisis.
The Path Along The Ridge: Regional Planning In The Face Of Uncertainty, Kai N. Lee
The Path Along The Ridge: Regional Planning In The Face Of Uncertainty, Kai N. Lee
Washington Law Review
The Northwest Power Act responds to the changing circumstances of electric power in the Pacific Northwest by defining policy directions and creating new institutional arrangements for regional power planning. The Northwest Power Planning Council (Council) is the agent of the region in meeting the challenges of planning under the Act. This paper discusses the conceptual framework of regional power planning—a task that confronts a degree of uncertainty and risk without historical precedent.
Darkness To Dawn? Generating And Conserving Electricity In The Pacific Northwest: A Primer On The Northwest Power Act, Roger D. Mellem
Darkness To Dawn? Generating And Conserving Electricity In The Pacific Northwest: A Primer On The Northwest Power Act, Roger D. Mellem
Washington Law Review
The Pacific Northwest's energy future is being shaped today by two institutions. The first is the Pacific Northwest Electric Power and Conservation Planning Council ("Planning Council") which was created by the Pacific Northwest Electric Power Planning and Conservation Act ("Northwest Power Act"). The other institution is the Bonneville Power Administration, ("BPA"), created forty-six years ago by Congress. Together the Planning Council and BPA are making crucial electrical energy decisions affecting the region's economy and environment. This article is intended to familiarize the reader with the structure of the region's electrical energy supply and demand as that structure has been altered …
The Northwest's Hydroelectric Heritage: Prologue To The Pacific Northwest Electric Power Planning And Conservation Act, Michael C. Blumm
The Northwest's Hydroelectric Heritage: Prologue To The Pacific Northwest Electric Power Planning And Conservation Act, Michael C. Blumm
Washington Law Review
Today's electric power system has six principal characteristics. First, unlike systems in most other regions of the country, the Pacific Northwest's system is primarily grounded on water power, although during the past decade most new generating facilities have been coal or nuclear power plants. Second, the costs of electricity have escalated rapidly in recent years, a direct result of the new higher cost thermal plants, some of which have been stillborn. Third, although the Pacific Northwest utility industry is remarkably diverse, the more than one hundred public and private utilities that serve the region are interconnected physically by a transmission …
Nonfirm Energy And Bpa's Industrial Customers, Eric Redman
Nonfirm Energy And Bpa's Industrial Customers, Eric Redman
Washington Law Review
There are several reasons why the Bonneville Powr Administration uses combination service rather than firm power service to meet the DSI top quartile demand: (1) if properly designed, combination service can provide adequate power quality for this portion of the DSI demand; (2) environmental impacts and costs to non-DSI consumers would be greater if firm resources, planned and installed for other loads, were increased by the amount of the DSI top quartile; and (3) although combination service imposes costs on the DSIs in the form of periodic interruptions, it saves money for all BPA customers by permitting BPA to take …
Unconscionability In A Commercial Setting: The Assessment Of Risk In A Contract To Build Nuclear Reactors, Steven Goldberg
Unconscionability In A Commercial Setting: The Assessment Of Risk In A Contract To Build Nuclear Reactors, Steven Goldberg
Washington Law Review
Eighty-eight Pacific Northwest public utilities in 1976 contracted with the Washington Public Power Supply System ("WPPSS") for the construction of two nuclear power plants. The contract, or Participants' Agreement, contained a so-called "hell-or-high-water" clause which obligated the utilities to pay for the construction of the nuclear plants whether or not any electricity was ever produced. This article explores the possibility that such a clause might be unenforceable because of its unconscionability. The article demonstrates that, contrary to popular belief, unconscionability has often been found in non-consumer commercial settings. It considers several common avenues to finding substantive and procedural unconscionability and …
The Northwest Power Act And Reserved Tribal Rights, Allen H. Sanders
The Northwest Power Act And Reserved Tribal Rights, Allen H. Sanders
Washington Law Review
Since the implementation of the Act's fish protection provisions will undoubtedly affect the scope of protection provided to Indian tribes, the Act's ambiguities must be interpreted in a way that honors and preserves these reserved tribal rights. This article examines the substantial body of case law applicable to these reserved tribal rights, with particular attention to the major fish protection issues that may arise under the Act.
Potential Legal Facilitation Or Impediment Of Wind Energy Conversion System Siting, Kim R. York, Richard L. Settle
Potential Legal Facilitation Or Impediment Of Wind Energy Conversion System Siting, Kim R. York, Richard L. Settle
Washington Law Review
The purpose of this article is to broadly identify competing interests at stake in wind energy conversion systems (WECS) development and the potential constraints of local, state, and federal regulation and common law principles on the siting of WECS. First, the article addresses common law and regulatory means of facilitating wind energy development by protecting the WECS developer's interest in unobstructed wind flow. Second, it examines the potential restriction of WECS development by common law and regulatory responses to the demands of neighbors and the general public whose interests may be detrimentally affected by wind turbine operation.
The Preference Clause Revisited: Central Lincoln Peoples' Utility District V. Johnson And The Pacific Northwest Electric Power Planning And Conservation Act, Joseph P. Mentor Jr., David C. Jory
The Preference Clause Revisited: Central Lincoln Peoples' Utility District V. Johnson And The Pacific Northwest Electric Power Planning And Conservation Act, Joseph P. Mentor Jr., David C. Jory
Washington Law Review
This article analyzes the legislative development of the preference clause to its inclusion in the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act). This analysis demonstrates the Northwest Power Act's reaffirmation of the supply preference traditionally included in federal power marketing legislation. The analysis also reveals a unique price discount for customers entitled to a supply preference under the Northwest Power Act. Additionally, the article considers recent Ninth Circuit decisions applying the preference clause to various forms of power allocation by federal agencies. The analysis identifies legislative and judicial adherence to the preference concept based on congressional …
Conservation And Renewable Energy In The Four Pacific Northwest States: A Compilation Of Relevant State Statutes, Linda Steinmann
Conservation And Renewable Energy In The Four Pacific Northwest States: A Compilation Of Relevant State Statutes, Linda Steinmann
Washington Law Review
This Comment is limited in scope and purpose. It surveys the laws of the four Northwest states and identifies the problems and programs that are unique to each. By assembling the different ways that each state has addressed conservation and renewable resource development, this Comment hopes to aid policy makers in each of the states to copy the successes, and avoid the failures, of the others.
High Ross Dam: The International Joint Commission Takes A Hard Look At The Environmental Consequences Of Hydroelectric Power Generation—The 1982 Supplementary Order, Mary Patrice Mccausland
High Ross Dam: The International Joint Commission Takes A Hard Look At The Environmental Consequences Of Hydroelectric Power Generation—The 1982 Supplementary Order, Mary Patrice Mccausland
Washington Law Review
This Note discusses a 1982 decision by the International Joint Commission (IJC) that effectively prohibits Seattle from raising the dam. It surveys the forty-year history leading to the decision, especially noting the role of the IJC. The Note compares the 1982 decision and the procedures used by the IJC in reaching its decision, particularly its examination of environmental concerns, with the application and operation of the "hard look" doctrine as it is used in environmental cases in the American judicial system. It suggests that applying the priniciples of the "hard look" doctrine is both appropriate and consistent with the IJC's …
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
Washington Law Review
There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, …
Experiments In Agency Justice: Informal Adjudicatory Procedures In Administrative Procedure Acts, Karen E. Boxx
Experiments In Agency Justice: Informal Adjudicatory Procedures In Administrative Procedure Acts, Karen E. Boxx
Washington Law Review
The 1961 Revised Model State Administrative Procedure Act and most state administrative procedure acts ("APAs") provide for only one type of agency adjudication: a formal, trial-type hearing. The 1981 Model Act and five state APAs have departed from this approach by providing additional, more informal adjudicatory procedures. This Comment examines the developments since 1961 that prompted the drafters of these acts to include informal procedures. The major impetus for the change was the "due process explosion," which extended hearing rights to interests that had been considered too minor for formal hearings. The Comment then compares the 1981 Model Act and …
The Jury's Historic Domain In Complex Cases, Roger W. Kirst
The Jury's Historic Domain In Complex Cases, Roger W. Kirst
Washington Law Review
Part I of this article will review the major developments in the complexity debate. Part II will discuss the development and modem employment of the judge-jury historical test. Part III will examine how the judge-jury historical test accommodates both judicial control of the jury and a political role for the jury. Part IV will discuss how application of the judge-jury historical test will permit judges to use new or expanded powers, such as direct judicial factfinding on some issues in complex cases. Part V will compare the judge-jury historical test with other approaches to the complexity problem.
Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest
Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest
Washington Law Review
In Keene Corp. v. Insurance Co. of North America, the United States Court of Appeals for the District of Columbia integrated those approaches, holding that insurance coverage is triggered both by exposure to asbestos and by development and manifestation of a related disease. Each insurer covering any period during this process is liable for indemnification of the manufacturer and for defense costs. This liability is limited, however, to policy coverage, and many be reduced by the policy's other-insurance clause. The court also held that the manufacturer is not proportionately liable for the periods during which it was uninsured. Thus, the …
Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair
Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair
Washington Law Review
This Note contends that, based on the custody statute and relevant case law, the court of appeals should have answered these questions differently. The Note first proposes that, in a dissolution action, the trial court should have automatic jurisdiction only over the children born of that marriage. The court should have jurisdiction over other children only if they are not in the custody of either of their parents or if neither parent is a suitable custodian. Second, it proposes that a stepparent should not automatically have standing to seek custody of a child based on an in loco parentis relationship. …
Unauthorized Practice Of Law—Limited Practice Of Law For Real Estate Closing Officers?—Hagan & Van Kamp, P.S. V. Kassler Escrow, Inc., 96 Wn. 2d 443, 635 P.2d 730 (1981), Jayanne A. Hino
Washington Law Review
In 1979, the Washington legislature enacted RCW chapter 19.62, which authorized certain laypersons to prepare documents and instruments relating to real estate transactions. The statute was passed in response to the Washington Supreme Court's decision in Washington State Bar Association v. Great Western Union Federal Savings and Loan Association. In Great Western, the court held that laypersons who received compensation for the preparation of legal documents were engaged in the unauthorized practice of law. The legislature's response, authorizing the activities prohibited in Great Western, raised questions regarding the scope of legislative and judicial power to define and regulate the practice …
Excessive Sanctions For Governmental Misconduct In Criminal Cases, Richard A. Posner
Excessive Sanctions For Governmental Misconduct In Criminal Cases, Richard A. Posner
Washington Law Review
The fourth amendment, as is well known, forbids unreasonable searches and seizures by government officers; if the government tries to introduce evidence in a criminal trial that was seized in violation of the fourth amendment, the defendant can get the evidence suppressed. If the evidence is vital to conviction, this means that the defendant will be acquitted simply because the evidence was obtained illegally. This is the famous exclusionary rule of the law of search and seizure. The exclusionary rule is one example of a sanction for governmental miconduct: evidence that may be essential to convicting a dangerous criminal is …
The Exclusionary Rule, Deterrence And Posner's Economic Analysis Of Law, Arval A. Morris
The Exclusionary Rule, Deterrence And Posner's Economic Analysis Of Law, Arval A. Morris
Washington Law Review
Judge Posner holds economic theory demonstrates that the fourth amendment's exclusionary rule and other judicially developed doctrines implementing the Constitution impose excessive sanctions for governmental misconduct in criminal cases. This Article, focusing on the exclusionary rule, aims to place his economic argument in historical context and to assess it.
Quis Custsodiet Ipsos Custodes?: Gubernatorial And Legislative Review Of Agency Rulemaking Under The 1981 Model Act, David S. Neslin
Quis Custsodiet Ipsos Custodes?: Gubernatorial And Legislative Review Of Agency Rulemaking Under The 1981 Model Act, David S. Neslin
Washington Law Review
Legislatures frequently delegate broad rulemaking powers to administrative agencies to implement and enforce statutes. To control the use of this delegated authority, most states subject agency rulemaking to legislative or executive review. Through the use of various kinds of nonjudicial review, the states have served as innovative laboratories for the development of this concept. This Comment first outlines the history of nonjudicial review of agency rulemaking. It then describes and evaluates the gubernatorial and legislative review provisions of the 1981 Model Act. Finally, drawing upon the experiences of several states, it proposes a modification of the Act's approach to nonjudicial …
Patient Access To Medical Records In Washington, James M. Madden
Patient Access To Medical Records In Washington, James M. Madden
Washington Law Review
Patients have traditionally had no right of access to their own medical records. Patients' access to their mental health records has been especially restricted. Recently, however, a number of jurisdictions have enacted legislation granting patients access to their medical and mental health records. In addition to this legislative trend, the Washington Supreme Court recently interpreted the state's Public Disclosure Act as creating a right of patient access to public hospital records. Part I of this Comment evaluates the desirability of allowing patients a general right of access to their medical and mental health records. While this Comment finds that there …
Testing The Constitutional Validity Of Land Use Regulations: Substantive Due Process As A Superior Alternative To Takings Analysis, Ross A. Macfarlane
Testing The Constitutional Validity Of Land Use Regulations: Substantive Due Process As A Superior Alternative To Takings Analysis, Ross A. Macfarlane
Washington Law Review
Two clauses of the United States Constitution figure most prominently in the debate over the constitutional limits on the governmental power to regulate land. They are the just compensation clause of the fifth amendment and the due process clause of the fifth and fourteenth amendments. Neither the courts nor the commentators agree, however, on which provision to apply. Courts frequently confuse and blend the distinct concepts of: (1) taking property without payment of just compensation, and (2) depriving a person of property without due process of law. This confusion has resulted in disparate results as well as in conflicting analysis. …
Antitrust Problems In International Technology Transfers—United States V. Westinghouse Electric Corp., 648 F.2d 642 (9th Cir. 2981), Christina Marie Ager
Antitrust Problems In International Technology Transfers—United States V. Westinghouse Electric Corp., 648 F.2d 642 (9th Cir. 2981), Christina Marie Ager
Washington Law Review
In 1970 the Department of Justice brought an antitrust action against Westinghouse Electric Corporation and two Japanese corporations, Mitsubishi Electric Corporation (MELCO) and Mitsubishi Heavy Industries Ltd. (MHI) (together Mitsubishi). The government alleged violations of section 1 of the Sherman Act. Since 1923 the defendants or their predecessors had a series of technology-sharing agreements under which Westinghouse granted licenses of its Japanese patents to Mitsubishi. It excluded its counterpart patents in the United States and Canada from the agreements. The government contended that Mitsubishi had become so dependent on Westinghouse technology because of the technology-sharing agreements that it could not …
Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz
Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz
Washington Law Review
During a prosecution for attempted murder, the trial judge determined that detailed reporting of the pretrial suppression hearing would jeopardize the defendant's right to a fair trial. Judge Swedberg therefore conditioned the media's attendance on their agreement to abide by the 1974 Washington State Bench-Bar-Press Guidelines. Federated Publications, publisher of the Bellingham Herald, refused to sign the agreement and refused to allow its reporters to attend solely in a nonprofessional capacity. It argued that conditioning media attendance on compliance with the Bench-Bar-Press Guidelines constituted a prior restraint and that the trial judge exceeded his power by excluding nonsigning media representatives. …
Environmental Regulation And Regulatory Reform, Douglas M. Costle
Environmental Regulation And Regulatory Reform, Douglas M. Costle
Washington Law Review
Regulatory relief asks the wrong question when it asks whether a regulation's benefits justify its costs. True regulatory reform asks how to make regulation fair, reasonable, and effective-that is, both efficient in spending social resources and successful in achieving compliance. Instead of simply devising new procedural burdens to impede the regulator, we ought to focus our regulatory reform efforts on finding effective ways to regulate by stimulating and rewarding industry's efficient compliance with regulation.
A Simple "Simple" Will, Lynn B. Squires
A Simple "Simple" Will, Lynn B. Squires
Washington Law Review
The purpose of this Comment is to present a simple will form that is both sophisticated in substance and simple in form. The lawyer's substantive task—to provide a legally valid instrument disposing of the testator's property—is not especially difficult given the many adequate forms available. The task of simplifying the form—to provide a self-explanatory memorandum that the testator can understand—is more difficult given the nature of the available forms. The authors' intent is, first, to provide a simplified will form in which every word is comprehensible to a lay client, and, second, to suggest ways of simplifying other types of …
Takings Law—Is Inverse Condemnation An Appropriate Remedy For Due Process Violations?—San Diego Gas & Electric Co. V. City Of San Diego, 450 U.S. 621 (1981), Kim C. Pflueger
Washington Law Review
This Note first examines the Supreme Court cases that involve fifth amendment taking and fourteenth amendment due process challenges to land use regulations. Next, this Note discusses the meaning of Justice Brennan's proposals and their potential effect on land use planning and zoning. This Note suggests that overly restrictive zoning ordinances should not be viewed as a taking requiring just compensation. Instead these ordinances should be viewed as invalid exercises of the municipality's police power because of their failure to provide substantive due process to the landowner. The landowner's remedy should therefore be the invalidation of the ordinance, not just …
Recidivist Statutes—Application Of Proportionality And Overbreadth Doctrines To Repeat Offenders—Wanstreet V. Bordenkircher, 276 S.E.2d 205 (W. Va. 1981), Marc G. Wilhelm
Recidivist Statutes—Application Of Proportionality And Overbreadth Doctrines To Repeat Offenders—Wanstreet V. Bordenkircher, 276 S.E.2d 205 (W. Va. 1981), Marc G. Wilhelm
Washington Law Review
In 1967 George Wanstreet was convicted of forging a forty-three dollar check and received a life sentence under West Virginia's recidivist statute. This statute, one of the two harshest in the nation, requires life imprisonment for persons convicted of three felonies. Wanstreet had been convicted in 1951 for forging an eighteen dollar check and in 1955 for arson of a barn valued at $490. He had been in prison more than ten years for the 1967 conviction when the West Virginia Supreme Court of Appeals held, in Wanstreet v. Bordenkircher, that his sentence violated the proportionality clause of the West …
Copyright Law—Who Gets The Picture?—Universal City Studios, Inc., V. Sony Corp. Of America, 659 F.2d 963 (9th Cir. 1981), Cert. Granted, 50 U.S.L.W. 3982 (No. 81-1687), Debra A. Sitzberger
Copyright Law—Who Gets The Picture?—Universal City Studios, Inc., V. Sony Corp. Of America, 659 F.2d 963 (9th Cir. 1981), Cert. Granted, 50 U.S.L.W. 3982 (No. 81-1687), Debra A. Sitzberger
Washington Law Review
In Universal City Studios, Inc. v. Sony Corp. of America, the United States Court of Appeals for the Ninth Circuit defined the scope of copyright protection afforded audiovisual material broadcast on public airways. The plaintiffs, Universal City Studios, Inc. and Walt Disney Productions, Inc., produced and owned the copyrights to thirty-two publicly broadcast motion pictures. The case arose when the defendant recorded these movies for private use on a Sony "Betamax" brand home videotape recorder (VTR). The plaintiffs sued this defendant for direct copyright infringement. They also sued the manufacturer, distributor, advertiser, and retail sellers of the Betamax VTR for …