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Articles 1801 - 1830 of 3365
Full-Text Articles in Law
The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham
The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham
Washington Law Review
Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …
Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis
Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis
Washington Law Review
Six unrelated persons resided in a single dwelling in Belle Terre, New York, in violation of the Village's zoning ordinance. The village is zoned exclusively for one-family dwellings; "family" is defined by the ordinance as: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit [or] a number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. The lessors of the residence were served with notice that failure of …
State Constitution—Debt Limitations—Municipality's Issuance Of Revenue Bonds To Finance Private Pollution Control Facilities Violates State Constitution—Port Of Longview V. Taxpayers Of Port Of Longview, 84 Wn. 2d 475, 527 P.2d 263 (1974), Leslie A. Powers
Washington Law Review
This note will initially describe the federal scheme encouraging the issuance of tax-free municipal bonds, state constitutional prohibitions against the lending of public monies or credit generally, and particular Washington constitutional provisions and their treatment by the Washington court prior to Port of Longview. Second, the note will analyze the court's reasoning in Port of Longview with respect to revenue bond financing and the constitutional lending of credit provisions. Third, the note will identify and discuss the policy considerations at issue in the case. Fourth, the note will consider the scope of the holding in Port of Longview and examine …
Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young
Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young
Washington Law Review
Petitioner-wife and respondent-husband were married a year after he entered the military service, and divorced in Washington a year before he became eligible to retire. In a property distribution provision of its divorce decree, the trial court awarded the wife $65 per month of the $360 per month military retired pay which the husband expected to receive incident to his prospective retirement from the United States Air Force. The court of appeals, reversing, held that such an interest could not be distributed as property under a divorce decree. The Washington Supreme Court, however, reinstated the decree of the trial court, …
Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein
Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein
Washington Law Review
In recent years the Government's efforts in promoting health, safety and welfare have necessitated an increased number of administrative inspections of commercial and noncommercial premises. Although such inspections were previously held to be excluded from the fourth amendment's ban on unreasonable searches and seizures, the Supreme Court held in Camara v. Municipal Court and See v. Seattle that administrative inspections must comply with the warrant provision of the fourth amendment. Since those decisions, the Court has emphasized the exceptions to, rather than the strictures of, the warrant requirement. This article analyzes developments in the law concerning administrative searches and seizures …
Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever
Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever
Washington Law Review
Regulations of the Cleveland, Ohio, Board of Education required that every pregnant teacher take a maternity leave at the end of her fourth month of pregnancy. The teacher was eligible for re-employment at the beginning of the school semester immediately after her child attained three months of age, providing she first submitted a doctor's certificate attesting to her health. The school board of Chesterfield County, Virginia, enacted a similar mandatory leave rule. However, Chesterfield County's re-employment rule did not condition the teacher's eligibility for re-employment on the age of her child; it provided that she was eligible for re-employment after …
Caveat Viator: The Duty To Wear Seat Belts Under Comparative Negligence Law, John A. Hoglund, A. Peter Parsons
Caveat Viator: The Duty To Wear Seat Belts Under Comparative Negligence Law, John A. Hoglund, A. Peter Parsons
Washington Law Review
The first portion of this article will attempt to show that neither judicial nor legislative reluctance, nor its underlying reasoning, is justifiable in light of the current state of law and society. Substantial evidence will be presented to demonstrate the need for our society to adopt the seat belt habit and for the law to recognize and respond to this societal need. Reactions of courts and legislative bodies to suggestions of mandated use are then explored as a preliminary to an analysis of the common law basis for adoption of the seat belt rule. A careful explanation will then be …
Recall In Washington: A Time For Reform, Michael L. Cohen
Recall In Washington: A Time For Reform, Michael L. Cohen
Washington Law Review
The purpose of this article is threefold: (1) to trace the history of recall in Washington, including the enactment of our present recall statutes and their fundamental principles; (2) to examine the reasons behind the apparent judicial retreat from those principles; and (3) to propose amendments to the present recall statutes to implement the constitutional intent.
Privacy And The Press Since Time, Inc. V. Hill, Don R. Pember, Dwight L. Teeter, Jr.
Privacy And The Press Since Time, Inc. V. Hill, Don R. Pember, Dwight L. Teeter, Jr.
Washington Law Review
In this article, the authors do not propose to discuss the innumerable ways in which one's privacy is invaded or to survey the entire sweep of the law of privacy, but rather attempt to trace briefly its development, with particular emphasis on how the law has affected the mass media since the Supreme Court decided its first privacy case, Time, Inc. v. Hill, in 1967. In so doing, we hope to add somewhat to the understanding of this unsettled area of law.
A Century Of Case Method: An Apologia, James M. Dente
A Century Of Case Method: An Apologia, James M. Dente
Washington Law Review
This article will review the case method and the alternatives from the viewpoint of a seasoned-practitioner-turned-law-teacher. I will examine some of the criticisms of the method and offer some observations not heretofore made in the debate. It is hoped that this may help law students better understand the wisdom behind the use of the much maligned case method, which is still used in one form or another by the vast majority of American law professors.
Disqualifying Federal District Judges Without Cause, Peter A. Galbraith
Disqualifying Federal District Judges Without Cause, Peter A. Galbraith
Washington Law Review
This Comment will examine the desirability of adopting a without cause disqualification procedure to allow either party to remove a federal district judge from a particular case. After a discussion of the need for disqualification mechanisms, existing procedures for removal, either from a particular case or from the bench entirely, are discussed. Proposals for change, especially the Bayh bills, are outlined and evaluated in light of the practical problems peculiar to the federal district courts. The Comment concludes that a procedure to disqualify federal district judges without cause, as contained in the Bayh bills, is sound and should be adopted. …
Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody
Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody
Washington Law Review
This note will examine the impact of Zahn v. International Paper Co. within the context of environmental litigation. It will briefly trace the history of the nonaggregation doctrine relied upon and reaffirmed by the Zahn majority, and describe the limitations imposed upon would-be federal plaintiffs by that doctrine. The note then will examine various alternative modes of adjudication, including the ancillary jurisdiction alternative suggested by dissenting Justice Brennan, which would have been preferable to the position adopted by the majority. Finally, and most importantly, the note will take a hard look at the deleterious economic effects of Zahn upon environmental …
Constitutional Law—Flag Misuse And The First Amendment—Spence V. Washington, 94 S. Ct. 2727 (1974), Michael W. Hoge
Constitutional Law—Flag Misuse And The First Amendment—Spence V. Washington, 94 S. Ct. 2727 (1974), Michael W. Hoge
Washington Law Review
Defendant Spence displayed an inverted American flag from his apartment window during the days following the Cambodian incursion and Kent State tragedy in 1970. Affixed to the flag was a peace symbol, formed with black tape. The Washington Supreme Court sustained a conviction for violation of Washington State's "improper use" statute. On appeal to the Supreme Court, reversed. Held: The statute, as applied to defendant's conduct, impermissibly infringed expression protected by the first amendment. Spence v. Washington, 94 S. Ct. 2727 (1974).
Constitutional Law—Eminent Domain—Just Compensation For A Lessee's Renewal Expectation—Almota Farmers Elevator & Warehouse Co. V. United States, 409 U.S. 470 (1973), Mark W. Pennak
Washington Law Review
The district court accepted Almota's theory of valuation, but was reversed by the Court of Appeals for the Ninth Circuit. The Supreme Court reinstated the district court's judgment. Held: Just compensation for a leasehold bearing improvements owned by the lessee is measured by what a willing buyer would pay to a willing seller for the leasehold, taking into account the possibility of renewal. Almota Farmers Elevator & Warehouse Co. v. United States, 409 U.S. 470 (1973).
Constitutional Law—State May Not Require Filing Fee From Indigent Candidate As Prerequisite To Ballot Placement—Lubin V. Panish, 415 U.S. 709 (1974), Mary Mcinnis Schuman
Constitutional Law—State May Not Require Filing Fee From Indigent Candidate As Prerequisite To Ballot Placement—Lubin V. Panish, 415 U.S. 709 (1974), Mary Mcinnis Schuman
Washington Law Review
Petitioner Lubin desired to be placed on the ballot in the primary election for nomination to a position on the Los Angeles County Board of Supervisors. He was denied the papers requisite to ballot placement, however, because he was unable to pay the filing fee, a mandatory precondition to ballot placement in California. Although California statutes permit write-in votes, they are not counted unless the write-in candidate pays the filing fee prior to the election. Seeking invalidation of the statutes, Petitioner filed suit in the Los Angeles County Superior Court, alleging that he was a serious candidate who did not …
Washington Law Review Lecture Series—The Constitution And The Presidency, Abe Fortas
Washington Law Review Lecture Series—The Constitution And The Presidency, Abe Fortas
Washington Law Review
The Washington Law Review Lecture Series, initiated this year, is designed to bring outstanding speakers to the law school to discuss contemporary legal issues.
The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck
The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck
Washington Law Review
Part I of this two-part series appears at 49 Wash. L. Rev. 291 (1974).
Labor Law—District Court Has Limited Injunctive Powers To Enforce Inter-Union "No-Raiding" Agreements—Local 1547, Ibew, Afl-Cio V. Teamsters Local 959, 356 F. Supp. 636 (D. Alaska 1973), Sharon S. Armstrong
Labor Law—District Court Has Limited Injunctive Powers To Enforce Inter-Union "No-Raiding" Agreements—Local 1547, Ibew, Afl-Cio V. Teamsters Local 959, 356 F. Supp. 636 (D. Alaska 1973), Sharon S. Armstrong
Washington Law Review
The Alaska District Court recently confronted this conflict in IBEW v. Teamsters. The IBEW was the certified collective bargaining agent of an employee unit, and had signed a no-raiding agreement with the Teamsters. In violation of the agreement, Teamsters representatives solicited authorization cards from employees already represented by the IBEW, and, upon obtaining the required number of cards, filed a petition for certification as bargaining agent with the Board. At the hearing before the Board to determine whether to conduct an election, the IBEW asserted the no-raiding agreement as a bar to the Teamster's petition. The Board ordered an election …
Criminal Procedure—Personal Search Of Suspect Incident To Custodial Arrest Is Per Se "Reasonable" And Requires No Additional Justification—United States V. Robinson, 414 U.S. 218 (1973); Gustafson V. Florida, 414 U.S. 260 (1973), David C. Anson
Washington Law Review
Defendant Robinson was stopped by a District of Columbia police officer for driving an automobile after revocation of his operator's permit and for obtaining a substitute permit by false representation. Robinson was placed in custody, advised of his rights and frisked by the arresting officer. During the frisk, the officer felt a bulge in Robinson's overcoat pocket; he reached into the pocket and removed a crumpled cigarette package containing small round objects. The officer opened the package and discovered gelatin capsules, later found to contain heroin. At trial for possession of heroin, the capsules were introduced into evidence over the …
Constitutional Law—Trial By Jury Guaranty Of Seventh Amendment: Local Court Rule May Establish Number Of Jurors At Six In Federal Civil Cases—Colgrove V. Battin, 413 U.S. 149 (1973), Mark S. Davidson
Washington Law Review
In the late 1960s, dockets in federal courts were becoming increasingly crowded, the backlog of criminal cases having more than doubled in the decade 1958-68. One suggestion for relieving pressure on the dockets was reduction of jury size in civil jury trials from 12 to some lesser number. In the absence of a constitutional amendment, however, the seventh amendment appeared to bar such a reduction in jury size. Nevertheless, within the span of a few years the Supreme Court was to announce a series of decisions which eliminated the constitutional significance of the number 12 and permitted the adoption of …
State Taxation—Use Of Taxing Power To Achieve Environmental Goals: Vermont Taxes Gains Realized From The Sale Or Exchange Of Land Held Less Than Six Years—Vt. Stat. Ann. Tit. 32, §§ 10001-10 (1973), Mary Miles Teachout
Washington Law Review
In 1973 Vermont became the first state to enact a tax applying specifically to gains realized from the sale of land. The tax, confined to gains on short-term land holdings and designed to control short-term land speculation, promises to become a new weapon in the growing arsenal of innovative land use measures designed to channel land transfer and development in environmentally and socially responsible directions. This note examines the new Vermont tax, assessing its advantages relative to more traditional land use measures. It analyzes a recent Vermont Supreme Court decision upholding the tax and concludes, as did the court, that …
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Washington Law Review
This history is indicative of the conflict between the Court and Congress over the Court's authority to promulgate rules of evidence. Central to this controversy is the question of whether rules of evidence are substantive or procedural. This note is devoted to a discussion of that issue, ultimately arriving at the conclusion that most of the rules which were prescribed by the Court are procedural in nature and, therefore, within the Court's power to prescribe rules of practice and procedure under the enabling acts.
The Community Property Law In Washington, Harry M. Cross
The Community Property Law In Washington, Harry M. Cross
Washington Law Review
Washington's present community property regime, with the major exception of the 1972 amendments, has remained largely unchanged in its basic structure since enactment by the territorial legislature in 1879. The statutes, in two separate sections, provide that property and pecuniary rights owned by each spouse at the time of marriage, any property thereafter acquired lucratively, and the rents, issues and profits therefrom constitute separate property. All property acquired after marriage which is not separate property is community property. With the 1972 changes now in effect, each spouse has equal management power over the community property. Each spouse has a general …
The Feasibility Of Adjusting For Inflation In Computing Taxable Income, Dwight Drake
The Feasibility Of Adjusting For Inflation In Computing Taxable Income, Dwight Drake
Washington Law Review
This Comment discusses the effect inflation (and deflation) has upon the measurement of taxable income, concluding, in short, that the present standard of measuring income for income tax purposes would be much more equitable if, instead of focusing solely upon the number of dollars received, it accounted for changes in the value of the dollar (as measured by a price index or price indices) by considering the purchasing power of the dollars received. In times of high inflation and in more stable times as well, this new standard for measuring taxable income would have a profound impact on the relative …
State Taxation—Privately Held Leaseholds In Publicly Owned Land—Ch. 187, [1973] Wash. Laws 1st Ex. Sess., Scott Dunham
State Taxation—Privately Held Leaseholds In Publicly Owned Land—Ch. 187, [1973] Wash. Laws 1st Ex. Sess., Scott Dunham
Washington Law Review
In April 1973 the Washington State Legislature enacted the Leasehold Exemption Act, providing special tax treatment for certain leasehold interests in publicly owned, tax-exempt land. This measure was a response to the 1970 Washington Supreme Court decision which held that, in valuing these leasehold interests for ad valorem property tax purposes, the same standards of assessment were to be utilized as were used for valuing taxable property in general. The Legislature chose to apply the court's 1970 decision prospectively only. In so doing, it has placed serious strains on the assessment process. This note will discuss these administrative problems, as …
Environmental Law—The Requirement For An Impact Statement: A Suggested Framework For Analysis—Loveless V. Yantis, 82 Wn. 2d 754, 513 P.2d 1023 (1973); Eastlake Community Council V. Roanoke Associates, Inc., 82 Wn. 2d 475, 513 P.2d 36 (1973); Stempel V. Department Of Water Resources, 82 Wn. 2d 109, 508 P.2d 166 (1973); Juanita Bay Valley Community Association V. City Of Kirkland, 9 Wn. App. 59, 510 P.2d 1140 (1973), John D. Alkire
Washington Law Review
The EIS requirement is the most precise of SEPA's procedural commands. The EIS itself must be a formal, tangible document. Its contents should reflect intelligent, plenary environmental analysis on the part of responsible government officials. The EIS serves as both the showpiece of the developer and as a target for those opposing the project. It is, in final form, no less than an environmental transcript, providing a critical portion of the record for administrative decisionmaking and judicial review. Hence, because of its visibility and required specificity, and the importance of its role in decision-making, the EIS requirement has come to …
Impeachment: A Countercritique, Raoul Berger
Impeachment: A Countercritique, Raoul Berger
Washington Law Review
This article is written primarily in response to the issues raised by Professor Arthur Bestor's review in 49 Washington Law Review 255 (1973) of Professor Berger's book, Impeachment: The Constitutional Problems.
Criminal Procedure—Preaccusation Delay As Violation Of Due Process: Absence Of Statute Of Limitations Is Factor To Be Weighed Against Murder Defendant's Allegations Of Actual Prejudice—State V. Haga, 8 Wn. App .481, 507 P.2d 159 (1973), Review Denied 82 Wn. 2d 1006 (1973), Richard A. Hansen
Washington Law Review
On July 6, 1966, the wife and an infant daughter of Eric L. Haga were found strangled to death in the Haga home. Although Haga had slept in the house the night of the murders, no evidence linked him directly to the crime. There was, however, evidence that Haga and his wife had separated the previous summer, that Mrs. Haga had lived with another man during the separation, and that Haga had taken out a family life insurance policy shortly before the murders. The prosecuting attorney chose not to prosecute Haga; more than five years later, however, a newly elected …
The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck
The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck
Washington Law Review
This article will be as utilitarian as a fence post. It is intended as a handbook for lawyers who need to know something about all or part of the law between landlord and tenant in Washington. The level of analysis will be didactic and exegetical, occasionally critical or hortatory, rarely jurisprudential.
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
Washington Law Review
No abstract provided.