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Washington Law Review

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Full-Text Articles in Law

Conflict Of Interest, Robert H. Aronson Oct 1977

Conflict Of Interest, Robert H. Aronson

Washington Law Review

The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …


Parol Evidence In Washington: The Use Of Extrinsic Evidence To Address The Integration And Interpretation Of Documents, Arden J. Olson Oct 1977

Parol Evidence In Washington: The Use Of Extrinsic Evidence To Address The Integration And Interpretation Of Documents, Arden J. Olson

Washington Law Review

Washington judicial treatment of these related concerns, the integration and interpretation of written contracts, constitutes the focus of this comment. Part One will distinguish integration from interpretation and highlight factors which bear on the choices between conflicting approaches to extrinsic evidence. Part Two will examine the rules governing the ascertainment of integration, by which courts decide whether the parties embodied their transaction in a written memorial, rendering it subject to the parol evidence rule. Part Three will analyze the analogous rules governing the extent to which a court interpreting the parties' language may look to the circumstances surrounding the document's …


Indian Law—Indian Sovereignty And Tribal Jurisdiction Over Non-Indian Offenders—Oliphant V. Schlie, 544 F. 2d 1007 (9th Cir. 1976), Kathleen A. Miller Oct 1977

Indian Law—Indian Sovereignty And Tribal Jurisdiction Over Non-Indian Offenders—Oliphant V. Schlie, 544 F. 2d 1007 (9th Cir. 1976), Kathleen A. Miller

Washington Law Review

Oliphant, the first attempt in recent case law to deal directly with the issue of tribal criminal jurisdiction over non-Indians, represents an acceptance of the theory that tribal sovereignty is diminished only to the extent that it is expressly limited by the federal government. The Court of Appeals for the Ninth Circuit held that, in the absence of any express limitations on tribal power, the original criminal jurisdiction of the tribe remains undiminished. After establishing this foundational principle, the court proceeded to analyze the alleged limitations on tribal jurisdiction. First, the court found no treaty purporting to limit the tribe's …


Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe Oct 1977

Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe

Washington Law Review

Although R.C.W. § 9.79.150 deals with many sex crimes, this note is limited to its application in forcible rape cases. Part I examines various exclusionary rules of evidence in order to develop a framework for analysis of Washington's new law. Part II discusses the relevance of the victim's sexual history to her credibility as a witness; it concludes that the complete exclusion of past sexual history to attack credibility may be unconstitutional under the United States Supreme Court holding in Davis v. Alaska. On the other hand, Part III suggests that R.C.W. § 9.79.150 should be redrafted to limit further …


Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron Jul 1977

Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron

Washington Law Review

No abstract provided.


Fishery Management And The General Welfare: Implications Of The New Structure, Guilo Pontecorvo Jul 1977

Fishery Management And The General Welfare: Implications Of The New Structure, Guilo Pontecorvo

Washington Law Review

This article is an effort to assess one aspect of the Fishery Conservation and Management Act of 1976: the structure and the composition of membership of Regional Fishery Management Councils. In Part I, the article briefly reviews the conservation and management problems facing United States fisheries. It also considers the objectives of the Act and the relationship of these objectives to the economic criteria normally employed for the assessment of the impact of legislation on the general welfare.


The Role Of Conservation And Fishery Science Under The Fishery Conservation And Management Act Of 1976, Dayton L. Alverson Jul 1977

The Role Of Conservation And Fishery Science Under The Fishery Conservation And Management Act Of 1976, Dayton L. Alverson

Washington Law Review

The enactment of the Fishery Conservation and Management Act of 1976, which extends United States jurisdiction over fishery resources seaward to 200 nautical miles, constitutes a radical departure from the legal and philosophical foundations of past United States fishery management. The Act incorporates major changes in the distribution of authority to manage fishery resources seaward of the territorial sea and broadens the goals of management to accommodate socioeconomic objectives. Furthermore, it explicitly mandates employment of the best scientific information available in the development of fishery management plans and seeks to establish a comprehensive program of fisheries research to carry out …


The Fishery Conservation And Management Act Of 1976: Management Objectives And The Distribution Of Benefits And Costs, Francis T. Christy, Jr. Jul 1977

The Fishery Conservation And Management Act Of 1976: Management Objectives And The Distribution Of Benefits And Costs, Francis T. Christy, Jr.

Washington Law Review

The purpose of this article is to raise some questions concerning the appropriate objectives for fishery management. Management objectives are evaluated by examining the implications of different policies regarding the distribution of benefits and costs among the many and varied interests involved. Part I of the article begins with a discussion of the failure of the Act and its legislative history to provide satisfactory objectives. Part II identifies some of the interests related to the use of fishery resources, and Part III examines the likely effects on these interests of policy choices in three issue areas—the adoption of entry limits …


Symposium On The Fishery Conservation And Management Act Of 1976, Anon Jul 1977

Symposium On The Fishery Conservation And Management Act Of 1976, Anon

Washington Law Review

The Washington Law Review, mindful of the fact that preparation for the future is as vital an endeavor in the law as elsewhere, hopes to offer in this Symposium a foundation for interpretation and discussion of this important and complex legislation.


The Fishery Conservation And Management Act Of 1976: First Step Toward Improved Management Of Marine Fisheries, Warren G. Magnuson Jul 1977

The Fishery Conservation And Management Act Of 1976: First Step Toward Improved Management Of Marine Fisheries, Warren G. Magnuson

Washington Law Review

The purpose of this article is to discuss three things: First, the background which led to the passage of the Act is briefly outlined; second, the content of the Act is described; and finally, I discuss the significant elements of the debate on the bill, mainly those relating to United States foreign policy.


Congressional Authorization And Oversight Of International Fishery Agreements Under The Fishery Conservation And Management Act Of 1976, E. Susan Crystal Jul 1977

Congressional Authorization And Oversight Of International Fishery Agreements Under The Fishery Conservation And Management Act Of 1976, E. Susan Crystal

Washington Law Review

This note will examine three aspects of governing international fishery agreements as they reflect on the nature of those powers: (1) congressional power to authorize the agreements, (2) the delegation of legislative authority, and (3) congressional oversight of the GIFA's by use of the legislative veto.


Judicial Review Of Fishery Management Regulations Under The Fishery Conservation And Management Act Of 1976, Christopher L. Koch Jul 1977

Judicial Review Of Fishery Management Regulations Under The Fishery Conservation And Management Act Of 1976, Christopher L. Koch

Washington Law Review

There are many issues under the Act which may come before the courts, including the effect of the National Environmental Policy Act on management schemes and whether there may be judicial review of the executive branch's decisions on applications from foreign nations to fish within the 200-mile zone. But of paramount importance to those with a stake in the outcome of the management schemes is section 305(d) of the Act, which governs judicial review of fishery management regulations. Unfortunately, congressional discussion of this section is virtually non-existent, as the provision was a last minute addition to the Act. It is …


Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell Jul 1977

Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell

Washington Law Review

The purposes of this article are to analyze the enforcement provisions of the FCMA, to compare them with the terms of prior United States fisheries legislation, and to consider the probable shape of the enforcement program under the new law. Where appropriate, consideration will be given to parallel foreign developments as well as the possible interaction with the Revised Single Negotiating Text distributed at the end of the New York session of the Third United Nations Conference on the Law of the Sea in May 1976. In several instances, the need for corrective legislation, which is apparently being addressed within …


Recapture Of Economic Rent Under The Fcma: Sections 303-304 On Permits And Fees, William T. Burke Jul 1977

Recapture Of Economic Rent Under The Fcma: Sections 303-304 On Permits And Fees, William T. Burke

Washington Law Review

The purpose of this brief article is to consider these interpretations of the Act and to suggest, in contrast, that the Act can and should be interpreted as preserving some methods of capturing the increased economic rent that will probably be generated by a limited-entry scheme. Discussion centers about the terms of the Act itself and the guidance they provide, the legislative history of the Act, and the removal of ambiguity or uncertainty by reference to the major purposes sought by the Act.


Economic Dimensions Of Fees And Access Control Under The Fishery Conservation And Management Act Of 1976, Robert C. Anderson, James A. Wilson Jul 1977

Economic Dimensions Of Fees And Access Control Under The Fishery Conservation And Management Act Of 1976, Robert C. Anderson, James A. Wilson

Washington Law Review

This article is devoted to an analysis of how these new management tools can be used most effectively as applied to domestic and foreign fishermen.


Constitutional Law—The Federal System—State Sovereignty As An Implied Restraint Upon The Commerce Power—National League Of Cities V. Usery, 426 U.S. 833 (1976), Kim Buckley Jul 1977

Constitutional Law—The Federal System—State Sovereignty As An Implied Restraint Upon The Commerce Power—National League Of Cities V. Usery, 426 U.S. 833 (1976), Kim Buckley

Washington Law Review

This note has four main objectives: (1) to evaluate the Court's reliance upon the structures and relationships established by the Constitution to support an implied limitation upon congressional power; (2) to consider whether the rationale behind intergovernmental tax immunities should be extended to commerce clause legislation; (3) to ascertain when a state sovereignty limitation is not appropriate; and (4) to identify some theoretical and practical implications National League may have for the future of the federal system. The primary conclusion reached is that the continued existence of the federal system requires the imposition of a state sovereignty limitation on all …


Real Property Attachment—Property Or Economic Interest?—Hansen V. Weyerhaeuser Co. (In Re Northwest Homes, Inc.), 526 F.2d 505 (9th Cir. 1975), Cert. Denied, 425 U.S. 907 (1976), Deborah Elvins Jul 1977

Real Property Attachment—Property Or Economic Interest?—Hansen V. Weyerhaeuser Co. (In Re Northwest Homes, Inc.), 526 F.2d 505 (9th Cir. 1975), Cert. Denied, 425 U.S. 907 (1976), Deborah Elvins

Washington Law Review

In late 1971 the Weyerhaeuser Company initiated a lawsuit against Northwest Homes of Chehalis, Inc., for goods sold and delivered. To ensure satisfaction of any subsequent judgment, Weyerhaeuser obtained liens against the defendant's real property pursuant to the Washington attachment statute. Northwest Homes received neither notice nor an opportunity to be heard prior to the attachment. Hansen, appointed receiver in Northwest's subsequent bankruptcy, applied for an order invalidating the attachment. In December 1972 the referee declared the Washington attachment statute unconstitutional under the due process clause of the fourteenth amendment to the United States Constitution and under article I, section …


Administrative Law—Licensing By Municipal Bodies: A Judicial Function—Standow V. City Of Spokane, 88 Wn. 2d 624, 564 P.2d 1145 (1977), Leila Taaffe May 1977

Administrative Law—Licensing By Municipal Bodies: A Judicial Function—Standow V. City Of Spokane, 88 Wn. 2d 624, 564 P.2d 1145 (1977), Leila Taaffe

Washington Law Review

In this note, the reasoning behind the court's decision will be examined and it will be urged that, despite flaws in the analysis, the result in this case is a sound one. Discretionary municipal action which cannot be reviewed under the Washington Administrative Procedure Act but which "involves application of existing law to past or present facts for the purpose of declaring or enforcing liability... resembles the ordinary business of courts" and should be susceptible to judicial review on petition for a writ of statutory certiorari.


Marital Status And Eligibility For Federal Statutory Income Benefits: A Historical Survey, Marjorie Dick Rombauer Apr 1977

Marital Status And Eligibility For Federal Statutory Income Benefits: A Historical Survey, Marjorie Dick Rombauer

Washington Law Review

In an era when attitudes toward marriage institutions are changing and it has become a truism that governmentally dispensed benefits constitute "the new property," the extent to which marital status is a determinant of the right to receive such benefits is a subject of particular interest. The purpose of this article is to survey that subject. More specifically, this article will trace congressional and administrative efforts to arrive at acceptable definitions of who should be treated as a wife/widow (or husband/widower), so as to be entitled to particular statutory benefits, and similar efforts to define when the status- relationship has …


A Suggested Analysis For Regulation Of Equal Credit Opportunity, Linda S. Hume Apr 1977

A Suggested Analysis For Regulation Of Equal Credit Opportunity, Linda S. Hume

Washington Law Review

In its 1972 report to the President and Congress, the National Commission on Consumer Finance called for legislation to insure that every consumer would have equal access to the credit market and "that credit should never be denied solely because of characteristics such as race, creed, color, occupation or sex." This call reflected both a recognition of the growing economic importance of the ability to make credit purchases and a concern that many consumers were denied credit because of their membership in a class, rather than because of any individual lack of credit worthiness. As part of this broader investigation …


Land As A Commodity "Affected With A Public Interest", Richard F. Babcock, Duane A. Feurer Apr 1977

Land As A Commodity "Affected With A Public Interest", Richard F. Babcock, Duane A. Feurer

Washington Law Review

It is our purpose to suggest that a land use policy which is socially equitable and environmentally sensitive is not resolved simply by labelling land as a "resource" rather than a "commodity." Instead, we propose to examine the special status land has enjoyed for many centuries, and which distinguishes it from other commodities, and to suggest that land transactions and land use should at last be scrutinized in a manner not unlike the treatment extended to a multitude of other commodities no more "affected with a public interest" than is land.


Submerged Passage Through Straits: Interpretations Of The Proposed Law Of The Sea Treaty Text, William T. Burke Apr 1977

Submerged Passage Through Straits: Interpretations Of The Proposed Law Of The Sea Treaty Text, William T. Burke

Washington Law Review

Among numerous important problems before the Conference, one of the most critical is the right of transit passage through straits, those narrow passageways which would fall within the territorial sea when nations generally agree on a twelve-mile limit. The right of submarines to pass submerged through straits (and of airplanes to overfly) is at the center of the transit passage issue. This is a key issue because the two major naval powers, the United States and the U.S.S.R., insisted early in the Conference's preparatory work on the necessity of an assured right of transit for all vessels and aircraft through …


Dissolution Of Marriage—Jurisdiction Over Nondomiciliary Service Members: Time To Adopt A New Jurisdictional Analysis—In Re Marriage Of Ways, 85 Wn. 2d 693, 538 P.2d 1225 (1975); Wash. Rev. Code § 26.09.030 (1975), Bruce A. Robertson Apr 1977

Dissolution Of Marriage—Jurisdiction Over Nondomiciliary Service Members: Time To Adopt A New Jurisdictional Analysis—In Re Marriage Of Ways, 85 Wn. 2d 693, 538 P.2d 1225 (1975); Wash. Rev. Code § 26.09.030 (1975), Bruce A. Robertson

Washington Law Review

On November 30, 1973, Raymond A. Ways, a member of the United States Navy on active military duty, filed a petition for dissolution of marriage in a Washington superior court. Ways had been stationed in Washington aboard the USS Enterprise (then undergoing repairs at the Puget Sound Naval Shipyard, Bremerton, Washington) since October 1973, but neither he nor his wife had ever been domiciled in Washington. Ways filed his petition in reliance upon R.C.W. § 26.09.030, a statute allowing members of the armed forces stationed in Washington to petition for dissolution of marriage in the state. On February 2, 1974, …


Warranties—Uniform Commercial Code—Effects Of Federal Warranty Law On Washington U.C.C. Provisions—Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (Supp. V. 1975), Guy Towle Apr 1977

Warranties—Uniform Commercial Code—Effects Of Federal Warranty Law On Washington U.C.C. Provisions—Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-2312 (Supp. V. 1975), Guy Towle

Washington Law Review

Consumer product warranties—their creation, breach, and remedies upon breach—have generally been controlled by the common law and Uniform Commercial Code (U.C.C.) provisions in each state. Washington is no exception, and the Magnuson-Moss Warranty Act should have a significant impact upon the traditional warranty law of this jurisdiction. This note will briefly discuss the Act's basic requirements and then consider the impact of several of the Act's major provisions upon similar or conflicting provisions of the Washington Uniform Commercial Code. Primary emphasis will be placed upon the Act's effects regarding the doctrine of privity, disclaimer of implied warranties, limitation on remedies …


Community And Separate Property Interests In Life Insurance Proceeds: The Risk Payment Doctrine In State Courts And Its Federal Estate Tax Consequences, James M. Higbee Nov 1976

Community And Separate Property Interests In Life Insurance Proceeds: The Risk Payment Doctrine In State Courts And Its Federal Estate Tax Consequences, James M. Higbee

Washington Law Review

This comment will first examine the decisions of the Louisiana, Texas, Arizona, Idaho, and New Mexico courts in which the risk payment doctrine has been approved for use with term insurance in order to determine how well established the doctrine is in each state. The status of the risk payment doctrine in state courts is important because "state property rules control the estate taxation of community property life insurance." The estate tax consequences of the risk payment doctrine will then be considered.


Child Support Enforcement And Establishment Of Paternity As Tools Of Welfare Reform—Social Services Amendments Of 1974, Pt. B, 42 U.S.C. §§ 651-60 (Supp. V, 1975), Judith B. Stouder Nov 1976

Child Support Enforcement And Establishment Of Paternity As Tools Of Welfare Reform—Social Services Amendments Of 1974, Pt. B, 42 U.S.C. §§ 651-60 (Supp. V, 1975), Judith B. Stouder

Washington Law Review

This note will discuss the purposes of' the amendrnents, describe how the provisions are intended to, work, and indicate what is required by HEW and the state welfare agencies for compliance. Constitutional and administrative problems that can be anticipated as the provisions are implemented will also be explored. Finally, the existing Washington State system of child support enforcement will be explained and offered as an example of a successful approach to this difficult problem.


Sentencing Study, Dan Kilpatric, Jack Brummel Nov 1976

Sentencing Study, Dan Kilpatric, Jack Brummel

Washington Law Review

Sentencing constitutes the critical connection between the criminal law and the penal system. Therefore, any analysis of sentencing involves fundamental and perplexing questions about the purposes and problems of the criminal justice system. This comment will focus on one of those problems: the exercise of judicial discretion in sentencing.


Formalism And Nonformalism In Choice Of Law Methodology, William C. Powers, Jr. Nov 1976

Formalism And Nonformalism In Choice Of Law Methodology, William C. Powers, Jr.

Washington Law Review

This article presents an analysis of choice of law methodologies in terms of their formal and nonformal characteristics. In Part I, formal and nonformal decisionmaking processes are defined, and their benefits and detriments are examined. In Part II, two concrete choice of law problems—the New York experience with host-guest statutes and the policy of validation in contractual and testamentary transactions—are studied to highlight the pitfalls of both formal and nonformal choice of law approaches. In Part III, the shift from formalism to nonformalism in choice of law methodology is analyzed from the perspective of a general theory of judicial shifts …


Sources Of Prior Art In Patent Law, Donald S. Chisum Nov 1976

Sources Of Prior Art In Patent Law, Donald S. Chisum

Washington Law Review

The question of what is prior art involves at least four different dimensions. The first is the dimension of time. When does art become "prior"? When, if ever, is it too old and forgotten to be considered prior art? The second is the dimension of place. The patent statutes make both United States and foreign patents and publications prior art, but limit knowledge, use, and invention to "in this country." When is something "in this country," and why is this distinction made? The third is the dimension of scope. What is the pertinent art to which the invention pertains? How …


Administrative Law—Freedom Of Information Act—Agency Secrecy Continues—Nlrb V. Sears, Roebuck & Co., 421 U.S. 132 (1975); Renegotiation Board V. Grunman Aircraft Engineering Corp., 421 U.S. 168 (1975), Greg Adams Nov 1976

Administrative Law—Freedom Of Information Act—Agency Secrecy Continues—Nlrb V. Sears, Roebuck & Co., 421 U.S. 132 (1975); Renegotiation Board V. Grunman Aircraft Engineering Corp., 421 U.S. 168 (1975), Greg Adams

Washington Law Review

Sears, Roebuck and Company brought an action under the Freedom of Information Act (FOIA) to compel disclosure of Advice and Appeals Memoranda issued by the General Counsel of the National Labor Relations Board. In ordering disclosure of both sets of documents, the district court held that Advice Memoranda qualified under the Act as "'instructions' [to staff] which affect a member of the public," but that Appeals Memoranda were "final opinions" which did not fall within the Act's exemption for "intra-agency memoranda." The Court of Appeals for the District of Columbia affirmed without opinion. In another case requiring interpretation of the …