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Washington Law Review

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Articles 1681 - 1710 of 3365

Full-Text Articles in Law

Domestic Relations—Tentative Requirement Of Disclosure And Independent Counsel For Marital Agreements—In Re Marriage Of Hadley, 88 Wn. 2d 649, 569 P.2d 790 (1977), Bruce Judd Oct 1978

Domestic Relations—Tentative Requirement Of Disclosure And Independent Counsel For Marital Agreements—In Re Marriage Of Hadley, 88 Wn. 2d 649, 569 P.2d 790 (1977), Bruce Judd

Washington Law Review

Plaintiff husband and defendant wife executed three property status agreements during their marriage after discovering that the wife had multiple sclerosis. The couple's personal and business counsel drafted the agreements to minimize the wife's death and estate taxes. Before signing the agreements, the wife received advice from the family counsel and travelled to her husband's properties. In addition, the wife engaged another attorney to examine the agreements, but he declined to give her advice because she failed to provide him with necessary information. The husband obtained a dissolution decree embodying the agreements. On appeal, the Washington Supreme Court held (5-3) …


The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy Oct 1978

The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy

Washington Law Review

The Washington Supreme Court held in Puget Sound Gillnetters Association v. Moos that the State Director of Fisheries did not have authority to issue regulations required by a federal court order guaranteeing treaty Indians the opportunity to catch specific percentages of various salmon runs. After attempting to act in the face of conflicting interpretations of his powers, the Director eventually bowed to the state court's determination and refused to promulgate the regulations. To implement its order, the federal court assumed control of the Washington salmon fisheries. This conflict between the federal and state court decisions raises two general questions. The …


Application Of The Antilapse Statutes To Appointments Made By Will, Susan F. French May 1978

Application Of The Antilapse Statutes To Appointments Made By Will, Susan F. French

Washington Law Review

Although litigation involving powers of appointment has been relatively infrequent, the increasing use of powers over the last few decades forebodes increasing litigation in this field. Anticipating this development, several states have enacted fairly comprehensive statutes which attempt to set forth in accessible form certain aspects of the common law of powers, make certain revisions in the common law, and replace outmoded statutes on powers. One area in which both the common law and the recent statutes are inadequate is in the application of antilapse statutes to appointments made by will. This article examines the development of the common law …


Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen May 1978

Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen

Washington Law Review

This comment examines Washington's failure to adequately protect recreation and scenic beauty from the adverse effects of forest practices. It first describes the Forest Practices Act, then discusses the absence of Forest Practices Board regulations protecting scenic beauty and recreation. It then analyzes the preemptive effect of the Forest Practices Act and its interrelationship with other laws and regulations such as the State Environmental Protection Act (SEPA) and SEPA guidelines, the Shoreline Management Act, and local regulations. The comment concludes that further administrative and legislative action is necessary to protect recreation and scenic beauty in Washington's forests.


Uniform Commercial Code—Accounts Receivable Financing: Secured Parties' New Doubts Under The "Casual And Isolated" Test—Architectural Woods, Inc. V. State, 88 Wn. 2d 406, 562 P.2d 248 (1977), Norman B. Page May 1978

Uniform Commercial Code—Accounts Receivable Financing: Secured Parties' New Doubts Under The "Casual And Isolated" Test—Architectural Woods, Inc. V. State, 88 Wn. 2d 406, 562 P.2d 248 (1977), Norman B. Page

Washington Law Review

The Washington Supreme Court held, in Architectural Woods, Inc. v. State, that the assignment fell within section 9-302(1)(e) and that since plaintiffs security interest was thus automatically perfected, the bank's interest was subordinate." In deciding that Didco's assignment to plaintiff fell within the section 9-302(1)(e) exemption from filing, the court was required to construe the language of that subsection and its accompanying official comment. More particularly, the court considered the appropriate test for determining whether the assignment constituted a "significant part" of Didco's outstanding accounts and contract rights. This note will analyze the court's reasoning in adopting the "casual and …


Jurisdiction—A Methodological Analysis: Implications For Presence And Domicile As Jurisdictional Bases—Shaffer V. Heitner, 433 U.S. 186 (1977), Steven E. Cummings May 1978

Jurisdiction—A Methodological Analysis: Implications For Presence And Domicile As Jurisdictional Bases—Shaffer V. Heitner, 433 U.S. 186 (1977), Steven E. Cummings

Washington Law Review

A shareholder in Greyhound Corporation, a Delaware corporation, brought a derivative action against corporate officers and directors alleging that certain actions by the defendants in Oregon had caused substantial harm to the corporation. The suit was initiated in a Delaware state court with jurisdiction based only on the statutory presence of property in that state. The defendants contested this attempt to assert quasi in rem jurisdiction on due process and other grounds, but their arguments were rejected by the trial court and the Delaware Supreme Court. The United States Supreme Court reversed. Held: The minimum contacts test developed in International …


Civil Rights—Homosexual Teacher Dismissal: A Deviant Decision—Gaylord V. Tacoma School District No. 10, 88 Wn. 2d 286, 559 P.2d 1340, Cert. Denied, 98 S. Ct. 234 (1977), James H. Lowe May 1978

Civil Rights—Homosexual Teacher Dismissal: A Deviant Decision—Gaylord V. Tacoma School District No. 10, 88 Wn. 2d 286, 559 P.2d 1340, Cert. Denied, 98 S. Ct. 234 (1977), James H. Lowe

Washington Law Review

The facts culminating in James Gaylord's dismissal were undisputed. Gaylord had been a highly regarded public high school teacher for nearly twelve years when a student sought his counsel on several topics, including homosexuality. During their conversation the student formed the belief, not predicated upon any admission by Gaylord, that the teacher was homosexual. A year later he reported this belief to the vice-principal, who elicited Gaylord's confirmation of its accuracy. The school board promptly dismissed Gaylord on the ground of "immorality,"' because he had become a publicly known homosexual. There was no criticism of Gaylord's conduct toward any student …


God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen May 1978

God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen

Washington Law Review

This article examines the applicability of existing constitutional doctrine to state action which prohibits, burdens, or declines to fund scientific research, not because of deficiencies in its research design, the credentials of the investigator, safety or health hazards, or projected cost-benefit balance of the results, but because the state considers the area of inquiry itself inappropriate or suspect. This article tenders and examines the thesis that governmental decisions to regulate scientific inquiry because of the nature of the knowledge likely to result implicate highly protected constitutional values, particularly those of the first amendment, thereby invoking the stringent model of judicial …


"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles May 1978

"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles

Washington Law Review

This comment concludes that "no damage" clauses should not be enforced because they are generally imposed without genuine bargaining and they tend to work oppressive results on a contractor by subjecting it to a risk of substantial and unforeseeable liability for damages arising from delays attributable to the owner. An analogy to the law of liquidated damages provides a useful illustration of the type of inequity which is promoted by enforcing "no damage" provisions, as well as a doctrinal basis for holding such clauses invalid.


Torts—Misapplication Of The Tort Of Interference With Business Relations—Cherberg V. Peoples National Bank, 88 Wn. 2d 595, 564 P.2d 1137 (1977), Craig Gannett May 1978

Torts—Misapplication Of The Tort Of Interference With Business Relations—Cherberg V. Peoples National Bank, 88 Wn. 2d 595, 564 P.2d 1137 (1977), Craig Gannett

Washington Law Review

Lessor, the Joshua Green Corporation, breached the covenant of quiet enjoyment by refusing to repair the outside wall of the building in which the Cherbergs were leasing space for their restaurant and by threatening to post the building as unsafe. The Cherbergs sued the Green Corporation for breach of contract and for interference with business relations. The trial court sustained both causes of action. The jury awarded $3,100 as contract damages and $38,900 as tort damages for mental anguish. The Washington Court of Appeals upheld the damage award for breach of contract but concluded that the tort of interference with …


Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka May 1978

Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka

Washington Law Review

This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …


Criminal Procedure—Preservation Of Due Process When Evidence Is Destroyed Or Tested—State V. Wright, 87 Wn. 2d 783, 557 P.2d 1 (1976), Maxine Stansell May 1978

Criminal Procedure—Preservation Of Due Process When Evidence Is Destroyed Or Tested—State V. Wright, 87 Wn. 2d 783, 557 P.2d 1 (1976), Maxine Stansell

Washington Law Review

The purpose of this note is to identify uncertainties in the future application of the Wright rule and to predict their probable resolution. Analysis of Wright and the cases on which it relies leads to the conclusion that failure to use the notice-petition procedure before disposition or testing of evidence will result in sanctions only if the defense can show that evidence destroyed, or chemically changed in testing, was potentially material, and only if the state is unable to show that the failure to preserve was reasonable. In addition, the Wright rule implies a defense right to observe or participate …


Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley Mar 1978

Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley

Washington Law Review

The first part of this comment examines the test of balancing private loss against public gain to establish the conceptual basis for analyzing its proper uses. The test is shown to require that land use regulations serve the general welfare and that the public benefits alone, without consideration of incidental private benefits, be sufficient to justify the burdens placed on private property. Part II presents the essential characteristics of the due process and taking without compensation limitations as they have been construed by the United States Supreme Court and developed by other courts and commentators. It is shown that the …


Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker Feb 1978

Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker

Washington Law Review

Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.


Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison Feb 1978

Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison

Washington Law Review

Appellant, Ernest Welcome, was convicted in a New York state supreme court on charges of murdering two real estate brokers in their Bronx office. Before indicting Welcome, the State tried another party, Albert Cunningham, for the same offenses. Cunningham had admitted his participation in the crimes to police, giving an accurate account of the date, time, and location of the shootings. After a separate evidentiary hearing, the state court held that his confession to police had been voluntary and thus was admissible against him. Nevertheless, the charges against Cunningham were dropped in mid-trial. At his trial, Welcome called Cunningham as …


The Effect Of The Pendency Of Claims For Compensation Upon Behavior Indicative Of Pain, Cornelius J. Peck, Wilbert E. Fordyce, Richard G. Black Feb 1978

The Effect Of The Pendency Of Claims For Compensation Upon Behavior Indicative Of Pain, Cornelius J. Peck, Wilbert E. Fordyce, Richard G. Black

Washington Law Review

Recent theories endeavoring to explain manifestations of pain in humans have increasingly recognized the effect of sociological and psychological processes on pain.This article reports findings made in a research project based on the hypothesis that the pendency of a claim for compensation has the effect of causing greater, more intense, and more persistent pain than would otherwise be experienced if persons had not sought compensation. The study assumed that pain can most accurately be measured by observing behavior indicative of pain and focused on data reflecting such behavior. The lawyer-author of this article thought the study might demonstrate that current …


Securities Fraud Under The Blue Sky Of Washington, Sally H. Clarke Feb 1978

Securities Fraud Under The Blue Sky Of Washington, Sally H. Clarke

Washington Law Review

In the past, federal courts have been the primary forums for securities fraud litigation because they exercise exclusive jurisdiction over claims under the Securities Exchange Act of 1934, and have expansively interpreted the antifraud provisions of that Act. Recent developments, however, suggest that state courts may provide a more attractive forum for plaintiffs seeking relief from securities fraud in Washington. Relevant considerations include recent United States Supreme Court decisions limiting the scope of civil liability under the 1934 Act, increasing congestion and delay in federal courts, recent amendments expanding the coverage of the civil liability provision of the Securities Act …


Consumer Protection: Judicial Approaches To Rescission And Restoration Under The Truth In Lending Act, Janis K. Stanich Feb 1978

Consumer Protection: Judicial Approaches To Rescission And Restoration Under The Truth In Lending Act, Janis K. Stanich

Washington Law Review

This comment will describe the statutory scheme for rescission and restoration, identify where and why interpretive problems arise, summarize the judicial approaches to these problems, and analyze those approaches in relation to the stated purposes of the Act.


Judicial Power—The Inherent Power Of The Courts To Compel Funding For Their Own Needs—In Re Juvenile Director, 87 Wn. 2d 232, 552 P.2d 163 (1976), John C. Taggart Feb 1978

Judicial Power—The Inherent Power Of The Courts To Compel Funding For Their Own Needs—In Re Juvenile Director, 87 Wn. 2d 232, 552 P.2d 163 (1976), John C. Taggart

Washington Law Review

In 1975, the superior court of Lincoln County, Washington, proposed that the salary of its director of juvenile services be raised by $125 per month.' The Lincoln County Board of Commissioners rejected the increase and refused to honor the subsequent order to pay it. At the show cause hearing before the Lincoln County superior court, the trial judge held that because the superior court had authority to appoint the director, it also had the inherent power to agree with him on compensation. Consequently, R.C.W. § 13.04.040, granting to the board the power to determine the director's salary, was held to …


Federal Tax Consequences Of Antenuptial Contracts, Patricia Murray Dec 1977

Federal Tax Consequences Of Antenuptial Contracts, Patricia Murray

Washington Law Review

This comment will examine the federal gift, estate, and income tax consequences of antenuptial contracts. Each of these taxes will be discussed separately. Antenuptial contracts which provide for the transfer of property arise more frequently in common law property states, where spouses have inchoate rights in one another's property, than in community property states, where the spouses share the community property equally. In the antenuptial contract setting, federal taxes are imposed upon the transfer of property; when an antenuptial contract provides for a transfer of property, there are no differences in the federal tax consequences between common law property and …


Nlrb Election Law, Cornelius J. Peck Dec 1977

Nlrb Election Law, Cornelius J. Peck

Washington Law Review

A book review essay considering Union Representation Elections: Law and Reality, by Julius G. Getman, Stephen B. Goldberg, and Jeanne B. Herman (1976).


Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett Dec 1977

Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett

Washington Law Review

No abstract provided.


The Generation-Skipping Loophole: Narrowed, But Not Closed, By The Tax Reform Act Of 1976, Ira Mark Bloom Dec 1977

The Generation-Skipping Loophole: Narrowed, But Not Closed, By The Tax Reform Act Of 1976, Ira Mark Bloom

Washington Law Review

It is the purpose of this article to analyze the operation and effect of this important and complex system of taxation, highlighting the areas in which future reform may be advisable.


Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel Dec 1977

Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel

Washington Law Review

This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.


Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson Dec 1977

Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson

Washington Law Review

Plaintiff and defendant began living together in 1964. At that time they entered into an oral agreement whereby they would combine their earnings and efforts and would share equally in all property accumulated while they cohabited. Plaintiff averred that, in addition, they agreed to hold themselves out to the general public as husband and wife, although both knew defendant was legally married to another woman. Plaintiff then consented to give up her career as an entertainer in exchange for financial support from defendant for the rest of her life. For the following seven years, plaintiff rendered full-time services as a …


The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe Dec 1977

The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe

Washington Law Review

In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …


Civil Rights—The Supreme Court's Terrible Swift Sword: The Civil Rights Act Of 1866 And The Reconstruction Of Private Schools—Runyon V. Mccrary, 427 U.S. 160 (1976), Gerald Bresslour Oct 1977

Civil Rights—The Supreme Court's Terrible Swift Sword: The Civil Rights Act Of 1866 And The Reconstruction Of Private Schools—Runyon V. Mccrary, 427 U.S. 160 (1976), Gerald Bresslour

Washington Law Review

Plaintiffs, black children, were denied admission to defendants' private schools solely on the basis of race. The children's parents had made applications for admission in response to brochures mailed to "resident" and advertisements directed to the general public. Alleging that defendants had violated 42 U.S.C. § 1981 by denying plaintiffs the same right to enter into contracts that was enjoyed by white applicants, plaintiffs filed a class action suit in federal district court. The district court enjoined defendants and intervenor Southern Independent School Association from further racial discrimination in their admission practices. A divided Court of Appeals for the Fourth …


Running Covenants: An Analytical Primer, William B. Stoebuck Oct 1977

Running Covenants: An Analytical Primer, William B. Stoebuck

Washington Law Review

Save for the subject of perpetuities (and arguably even including it), there is no subject encountered by law students in their basic property courses that so baffles them as does running covenants. But there seems to be no concise writing that lays out the subject of running covenants in a nutshell. It is not that nothing has been written on the subject, for much has been published this century on it and continues to be. The problem is that the writings deal with smaller or greater portions of the overall field. There are articles on real covenants, on equitable restrictions, …


Libel—New Standard For Liability For Media Defendants—Taskett V. King Broadcasting Co., 86 Wn. 2d 439, 546 P.2d 81 (1976), Allen D. Israel Oct 1977

Libel—New Standard For Liability For Media Defendants—Taskett V. King Broadcasting Co., 86 Wn. 2d 439, 546 P.2d 81 (1976), Allen D. Israel

Washington Law Review

William Taskett's advertising business had suffered serious financial setbacks which caused him to seek statutory corporate dissolution. Believing that his affairs had been put in order, he left the state for an extended vacation. Because his whereabouts were unknown to his unsatisfied creditors, which included several prominent Seattle businesses, KING Broadcasting Company decided that his "disappearance" was newsworthy, and made it the subject of a television news story. Taskett brought suit against KING for libel, alleging that its story had depicted him as a "thief and a swindler." Relying upon the controlling Washington authority of Miller v. Argus Publishing Co., …


Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr. Oct 1977

Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.

Washington Law Review

Tonight, I am shifting to a new perspective in time. I would ask you to think of us as standing at a midpoint, just about equally distant from the decision in Brown v. Board of Education and the beginning of a new century, some twenty-three years back and forward. I remember the day the Brown case was decided; I learned of it, on a May afternoon still fragrant, from a group of Columbia law students in the drugstore-luncheonette on the corner of 116th Street and Broadway in New York. If you remember that day, or some other day in that …