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Articles 1561 - 1590 of 3365
Full-Text Articles in Law
Liability Of Accountants For Proxy Violations—The Appropriate Standard Of Culpability—Adams V. Standard Knitting Mills, Inc., 623 F.2d 422 (6th Cir.), Cert. Denied, 449 U.S. 1067 (1980), Bruce E. Dick
Washington Law Review
This note will first examine whether in fact accountants can be held primarily liable for proxy violations. Concluding that they can, the note will scrutinize the court's opinion to determine whether it requires scienter for all primary violators or only for accountants. The court's rationale suggests that the court intended to apply a uniform standard of culpability. This note will then compare the court's reasoning with the reasoning that led courts in two other circuits to choose, at least in some cases, negligence as the standard for primary violators. The comparison will show negligence to be the more appropriate minimum …
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
The Obligation To Reforest Private Land Under The Washington Forest Practices Act, Catherine Phillips Plummer
The Obligation To Reforest Private Land Under The Washington Forest Practices Act, Catherine Phillips Plummer
Washington Law Review
Private landowners in Washington have been required to reforest land after logging since 1945. The Washington Forest Practices Act of 1974 and its predecessor have primarily affected the state's timber industry, which has long been familiar with the reforestation requirement. Many nonindustrial forest landowners, however, are unaware of the requirements of the 1974 Act. The 1974 Act requires that any owner of forest land who removes the trees for any reason, whether to log one hundred acres for income or to clear one acre for a homesite, must satisfy the reforestation requirements of the Act. Part I of this comment …
Constitutional Law—Balancing Test In Durational Residence Equal Protection Analysis—Williams V. Zobel, 619 P.2d 448 (Alaska 1980), Prob. Juris. Noted, 101 S. Ct. 1344 (1981), E. Thaddeus Lewis
Washington Law Review
This note analyzes the Zobel II opinion and concludes that it was correctly decided both under the two-tier analysis employed by the United States Supreme Court and the balancing approach adopted by the Alaska court. Since this case is before the United States Supreme Court on appeal, this note urges the Court to adopt the Alaska balancing test for durational residence equal protection cases as a replacement for the traditional two-tier analysis.
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Washington Law Review
This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …
Energy Facility Siting: Recent Models Of Reform, Charles R. Ching
Energy Facility Siting: Recent Models Of Reform, Charles R. Ching
Washington Law Review
This comment first defines the energy-environment dilemma which frames the issues of energy facility siting. The comment then compares and evaluates the relative strengths and weaknesses of fast-track siting and one-stop siting. The comment concludes that, in an effort to expedite the siting process and to increase domestic energy production, the Reagan Administration should adopt a federal policy favoring one-stop siting.
The Deceptive 'Right To Know': How Pessimism Rewrote The First Amendment, Gerald J. Baldasty, Roger A. Simpson
The Deceptive 'Right To Know': How Pessimism Rewrote The First Amendment, Gerald J. Baldasty, Roger A. Simpson
Washington Law Review
In the decade of the 1940's, particularly in the years just after World War II, freedom of the press, which had been newly elevated and protected by the Supreme Court in the 1930's, began to suffer the corrosive effects of doubt about the strength of the American political system. Among the devastations of war was the failure of the intellectuals' confidence in the mettle of the American citizenry. By the mid-1960's, one consequence was clear: The first amendment no longer meant that the American press was expected to speak freely; it had begun to mean that much of what the …
Environmental Law—Threshold Determination Of The State Environmental Policy Act: Washington Adopts A More Flexible Approach—Equitable Remedies: Laches Defense Restricted—Hayden V. City Of Port Townsend, 93 Wn. 2d 870, 614 P.2d 1164 (1980), Deane W. Minor
Washington Law Review
The court's rulings on the laches defense and the negative threshold determination represent significant departures from the court's previous decisions. This note will examine the changes in the court's positions and discuss the effect of these changes on future environmental litigation.
The Marine Mammal Protection Act And The Fishery Conservation And Management Act: The Need For Balance, Terrin Child, Jeffrey T. Haley
The Marine Mammal Protection Act And The Fishery Conservation And Management Act: The Need For Balance, Terrin Child, Jeffrey T. Haley
Washington Law Review
This article presents an analysis of those provisions of the MMPA which may impede the achievement of FCMA objectives. It is important that these possible conflicts be resolved because while the United States controls off the coast of Alaska what may be the world's largest resources of fish, these same waters contain enormous numbers of marine mammals. These fishery resources, if managed rationally, can make a large contribution to the economy of the United States and to the protein needs of the world. A reasonable accommodation between the MMPA and the FCMA must be found in order to achieve that …
Public Land Withdrawal Policy And The Antiquities Act, Richard M. Johannsen
Public Land Withdrawal Policy And The Antiquities Act, Richard M. Johannsen
Washington Law Review
After setting forth a brief history of public land withdrawals, this comment analyzes the current statutory public land withdrawal scheme as expressed in the Federal Land Policy and Management Act of 1976 (FLPMA) and identifies the various policies underlying FLPMA. Next, an examination of the Antiquities Act's legislative history, judicial interpretation, and use will show that the intended scope of the Act is quite different from both its actual application by Presidents and its interpretation by courts. Evaluating the Act in light of the land withdrawal policies expressed in FLPMA, this comment will conclude that use of the Antiquities Act …
Legal Malpractice—Expansion Of The Standard Of Care: Duty To Refer—Horne V. Peckham, 97 Cal. App. 3d 404, 158 Cal. Rptr. 714 (1979), Karen J. Feyerherm
Legal Malpractice—Expansion Of The Standard Of Care: Duty To Refer—Horne V. Peckham, 97 Cal. App. 3d 404, 158 Cal. Rptr. 714 (1979), Karen J. Feyerherm
Washington Law Review
This note analyzes the Home court's reasoning in expanding the standard of care in legal malpractice actions to include a duty to refer and in holding attorneys to the same standard of care as physicians. This note also evaluates the considerations relevant to distinguishing "specialist" cases from "generalist" cases and the need for expert testimony in determining liability for failure to refer.
The Court Years 1939-1975: The Autobiography Of William O. Douglas (1980), Ralph S. Tyler
The Court Years 1939-1975: The Autobiography Of William O. Douglas (1980), Ralph S. Tyler
Washington Law Review
Few Americans would claim objectivity on the subject of William O. Douglas. He inspired powerful reactions. I start by stating my deeply held admiration for Justice Douglas, a respect nurtured at a distance and from his writings. His writings brought Douglas the man and Douglas the Justice close to many who never met him. His words show him to be a man who cared profoundly about the world, its people, his country, and the law. Decades of American law students, particularly those like me who studied law in the 1960's and 1970's, listened to Justice Douglas, whether he was in …
Patents—Contributory Infringement And Patent Misuse Under 35 U.S.C. § 271—Dawson Chemical Co. V. Rohn & Haas Co., 448 U.S. 176 (1980), Carlyn Joan Steiner
Patents—Contributory Infringement And Patent Misuse Under 35 U.S.C. § 271—Dawson Chemical Co. V. Rohn & Haas Co., 448 U.S. 176 (1980), Carlyn Joan Steiner
Washington Law Review
This casenote will discuss as background: (1) the judicial doctrines of contributory infringement and patent misuse as they developed before 1952; (2) section 271 of the Patent Act of 1952; and (3) the impact of this section on the contributory infringement/patent misuse doctrines in post-1952 Supreme Court cases. An analysis section will contrast the majority and minority interpretations of: (1) 35 U.S.C. §§ 271(c) and (d); (2) the legislative history of the Patent Act of 1952; and (3) post-1952 Supreme Court decisions as each impacts the result in Dawson. The final section will discuss patent policy considerations absent from the …
The Ways Of A Judge: Reflections From The Federal Appellate Bench, By Frank M. Coffin (1980), Eugene A. Wright
The Ways Of A Judge: Reflections From The Federal Appellate Bench, By Frank M. Coffin (1980), Eugene A. Wright
Washington Law Review
Here is a book for which we judges have been waiting, but it is one that should be required reading for others, both within and without the profession. It comes at a time when much public attention and criticism have been directed toward the courts, the news media have given wide coverage to pending and decided cases, and an extraordinary number of federal judges have resigned their offices for more lucrative endeavors.
Washington's Doctrine Of Corporate Disregard, Thomas V. Harris
Washington's Doctrine Of Corporate Disregard, Thomas V. Harris
Washington Law Review
Corporations are ordinarily recognized as legal entities separate and distinct both from their own shareholders, officers, and directors, and from other corporations. There are, however, situations in which the Washington courts will not recognize this separateness. In such cases, the shareholders, officers, directors, or even wholly separate corporations, are held responsible for the corporation's activities. When they have refused to recognize the corporation as a separate legal entity, Washington's courts have employed the "doctrine of disregard." The consequences of the doctrine are not borne by the corporation. Frequently, its underlying liability has already been established. In other cases, the corporation's …
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
Washington Law Review
State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community. This comment begins by outlining state …
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
Washington Law Review
The intent of this article is to inspire a review of the entire area of wealth transfers incident to divorce; to take the scope of review beyond fixation on Davis, with the view of integrating the present regimes in a scheme that is less dependent on the subtle and often invisible distinction between support and property rights. The article discusses first, the purpose of the rules governing periodic cash payments; second, the evolution of the rule on transfers of appreciated property; third, an assessment of the need for reform; and fourth, a proposal for unified treatment of all marital wealth …
The Ways Of A Judge: Reflections From The Federal Appellate Bench, By Frank M. Coffin (1980), Eugene A. Wright
The Ways Of A Judge: Reflections From The Federal Appellate Bench, By Frank M. Coffin (1980), Eugene A. Wright
Washington Law Review
Here is a book for which we judges have been waiting, but it is one that should be required reading for others, both within and without the profession. It comes at a time when much public attention and criticism have been directed toward the courts, the news media have given wide coverage to pending and decided cases, and an extraordinary number of federal judges have resigned their offices for more lucrative endeavors.
Dedication To The Honorable Charles Horowitz, Betty B. Fletcher
Dedication To The Honorable Charles Horowitz, Betty B. Fletcher
Washington Law Review
Those of us who have had the privilege to know and work closely with Charles Horowitz are most gratified that the Washington Law Review is dedicating this issue to him. It is particularly fitting from the standpoint of the law school and the law review, for he received his undergraduate degree and his law degree from the University of Washington. In law school he was both the honor graduate of the class of 1927 and president of the student board of editors of the law review (today's counterpart to the "Editor-in-Chief'). Since that time he has continued a close and …
Charles Horowitz: A Memoir, James M. Dolliver
Charles Horowitz: A Memoir, James M. Dolliver
Washington Law Review
To James A. Garfield's aphorism that the best education would be found with the student on one end of a bench and Mark Hopkins at the other I would add that the best education for a new member of the Washington Supreme Court is to have had Charles Horowitz at one end of the bench and the new member on the other. During the 42 years I have been a member of the court, through the implacable rules of seniority, he occupied one end of the bench and I the other. In the conference room, however, I always sat directly …
Washington's Doctrine Of Corporate Disregard, Thomas V. Harris
Washington's Doctrine Of Corporate Disregard, Thomas V. Harris
Washington Law Review
Corporations are ordinarily recognized as legal entities separate and distinct both from their own shareholders, officers, and directors, and from other corporations. There are, however, situations in which the Washington courts will not recognize this separateness. In such cases, the shareholders, officers, directors, or even wholly separate corporations, are held responsible for the corporation's activities. When they have refused to recognize the corporation as a separate legal entity, Washington's courts have employed the "doctrine of disregard." The consequences of the doctrine are not borne by the corporation. Frequently, its underlying liability has already been established. In other cases, the corporation's …
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.
Charles Horowitz: A Memoir, James M. Dolliver
Charles Horowitz: A Memoir, James M. Dolliver
Washington Law Review
To James A. Garfield's aphorism that the best education would be found with the student on one end of a bench and Mark Hopkins at the other I would add that the best education for a new member of the Washington Supreme Court is to have had Charles Horowitz at one end of the bench and the new member on the other. During the 42 years I have been a member of the court, through the implacable rules of seniority, he occupied one end of the bench and I the other. In the conference room, however, I always sat directly …
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
Dedication To The Honorable Charles Horowitz, Betty B. Fletcher
Dedication To The Honorable Charles Horowitz, Betty B. Fletcher
Washington Law Review
Those of us who have had the privilege to know and work closely with Charles Horowitz are most gratified that the Washington Law Review is dedicating this issue to him. It is particularly fitting from the standpoint of the law school and the law review, for he received his undergraduate degree and his law degree from the University of Washington. In law school he was both the honor graduate of the class of 1927 and president of the student board of editors of the law review (today's counterpart to the "Editor-in-Chief'). Since that time he has continued a close and …
The Careful Scholarship Of Justice Charles Horowitz, Richard Cosway
The Careful Scholarship Of Justice Charles Horowitz, Richard Cosway
Washington Law Review
How appropriately the editors of this review have elected to dedicate some of its pages to honor a distinguished lawyer and judge whose legal career has closely paralleled the history of the publication itself. The name of Charles Horowitz appears on the masthead of the first two volumes, first as member and then as president of its editorial board. In later years, he has written for the Review, citing and analyzing decisions of the courts on which he later sat. That other Review authors have not always agreed with him will neither shock, wound, nor surprise him. After all, the …
In Search Of Price And Service Competition In Residential Real Estate Brokerage: Breaking The Cartel, William C. Erxleben
In Search Of Price And Service Competition In Residential Real Estate Brokerage: Breaking The Cartel, William C. Erxleben
Washington Law Review
This article explores opportunities for price and service competition in residential real estate brokerage. It is designed to give an overview of both the problem and some promising solutions. The article details the home purchase transaction, reviews the market structure of the industry, identifies the trade restraints inhibiting competition, and prescribes comprehensive antitrust remedies to induce greater competition.
Constitutional Law—State Sovereign Immunity—Nevada V. Hall, 440 U.S. 410 (1979), Richard H. Pierson
Constitutional Law—State Sovereign Immunity—Nevada V. Hall, 440 U.S. 410 (1979), Richard H. Pierson
Washington Law Review
The doctrine of state sovereign immunity in the courts of another state and the federal courts will be examined in section I of this casenote. In section II, the Court's reasoning in Nevada v. Hall will be discussed. The Court's conclusion that the Constitution places no limit on a state court's jurisdiction over a sister state will be challenged in part A of section III. The ambiguities in the Hall opinion that render the scope of a state court's jurisdiction uncertain and the desirability of limiting that jurisdiction will be examined in part B of section III. Finally, this note …
Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner
Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner
Washington Law Review
This note will begin by examining the legal theories involved in merging the concepts of comparative negligence and strict products liability. The social policies that are behind the merger will then be discussed. The note concludes with a review of the proposal now before the Washington legislature which would effect the merger and change the result in Seay.
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.