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Articles 1831 - 1860 of 3365
Full-Text Articles in Law
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
Washington Law Review
With approval of the Shoreline Management Act of 1971 (SMA), Washington has joined the increasing ranks of states which are attempting to influence legislatively the course of development of their coastal resources. The Washington Act, unusually broad in scope, concerns not merely "coastal" areas but also shorelines of bodies of water of virtually every description, including lakes and streams so small or so obscure as to be nameless. This article, after briefly describing the circumstances of the SMA's enactment and the prior law, examines and evaluates (to the extent possible based on two years of operation) the resource management program …
Symposium: Recent Washington Legislation. Introduction, August P. Markesich, Leonard A. Sawyer
Symposium: Recent Washington Legislation. Introduction, August P. Markesich, Leonard A. Sawyer
Washington Law Review
No abstract provided.
The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott
The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott
Washington Law Review
The Washington Legislature in 1973 created procedures, optional with a project developer, for centralized, coordinated processing of the permit applications which state and local government now require for a developer's use of air, water and land. The Act is entitled the Environmental Coordination Procedures Act of 1973 (ECPA), which does not become operative until January 1, 1974. Since its procedures are optional with a project's developer, there is no absolute certainty at the date this article is released for publication that ECPA's coordination will ever be utilized.
The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean
The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean
Washington Law Review
The intent of this article is to provide an overview of SEPA for the general practitioner. It will discuss generally the Act itself and the rapidly developing federal and state case law, and more specifically the 1973 amendments to SEPA. The article will then suggest both SEPA's shortcomings and possibilities for its improvement.
Crime Compensation, Richard Cosway
Crime Compensation, Richard Cosway
Washington Law Review
Washington has adopted a system of compensation for innocent victims of crimes, the eleventh state to do so. The principal characteristic which distinguishes the new Washington Act from other present and proposed programs is the connection between it and Industrial Insurance, more commonly known as Workmen's Compensation. This connection has at least three significant consequences: (1) Because the victim is equated with an on-the-job injured employee, the amount of an individual's award is geared to the amount an injured workman or dependents of a deceased workman would receive; (2) the administration of the new program is assigned to the Department …
The Partial Veto Power: Legislation By The Governor, Timothy P. Burke
The Partial Veto Power: Legislation By The Governor, Timothy P. Burke
Washington Law Review
The legislative process in Washington, as in almost all other states, is not exclusively a function of the Legislature, but rather it is a function which the Legislature shares with the Governor who is vested with the power to veto bills. Unlike the activity of the Legislature, the role played by the Governor is not highly visible and is not often the subject of attention. Yet, this relative obscurity is not indicative of the influence that the Governor exercises in the legislative process. Through his use of the partial veto power, authorized under Article III, Section 12, of the Washington …
Progress In Involuntary Commitment, Ross E. Campbell
Progress In Involuntary Commitment, Ross E. Campbell
Washington Law Review
Against this background of increased judicial scrutiny, the Washington State Legislature overhauled Washington's involuntary commitment procedures early in 1973. The new Act, which is clearly the most progressive state enactment to date, could serve as a paradigm for future state legislation. Its passage provides a timely opportunity for a detailed analysis of the recent judicial trends in the involuntary commitment area and an evaluation of the Washington Legislature's treatment of the various constitutional problems inherent in such commitment. After briefly outlining the provisions of the new Washington Act, this comment discusses the general limitations, both substantive and procedural, which due …
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
Washington Law Review
The Illegitimate Children and Parental Rights Act, signed into law March 20, 1973, has substantially altered procedures relating to adoption and custody in Washington. Both parents of an illegitimate child now have primary right to custody of the child. The putative father now is entitled to notice of those proceedings which may permanently terminate his parental rights, including a hearing to determine the necessity of his consent to his child's adoption. In addition, a putative father now stands on an equal footing with the child's natural mother when seeking custody of his child at a filiation proceeding.
Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud
Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud
Washington Law Review
This note will discuss both the PLC's new remedy and the new priority given to mortgages for future advances. Both provisions will make present construction industry practices more equitable: Section 2 has given PLC's a new, productive and efficient remedy, designed to work with and improve the traditional real property lien, and Section 3 has repaired the damage done to lenders' mortgage priorities by a recent Washington case. Both Sections do create new problems of their own, however, which are also discussed.
Implementing Washington's Era: Problems With Wholesale Legislative Revision, Linda H. Dybwad
Implementing Washington's Era: Problems With Wholesale Legislative Revision, Linda H. Dybwad
Washington Law Review
This article will attempt to illustrate the legislative choices available in implementing the equal rights amendment by evaluating the many revisions contained in Chapter 154 in terms of equal rights principles and the policies underlying the criminal, family and employment provisions it amends.
Comparative Negligence, Joel E. Smith, Alan D. Campbell
Comparative Negligence, Joel E. Smith, Alan D. Campbell
Washington Law Review
This note will discuss briefly the policy considerations underlying a choice between comparative negligence and contributory negligence, and will attempt to predict the effects, both procedural and substantive, of the new Act on practice in Washington.
Equal Protection, Affirmative Action And Racial Preferences In Law Admissions: De Funis V. Odegaard, Arval A. Morris
Equal Protection, Affirmative Action And Racial Preferences In Law Admissions: De Funis V. Odegaard, Arval A. Morris
Washington Law Review
The purpose of this article is to explore the constitutional dimensions of the equal protection problem presented by a law school's voluntary adoption of racial classifications in a preferential admissions policy, and to do so, in part, by focusing on the recent case of De Funis v. Odegaard.
Initiative And Referendum In Washington: A Survey, Philip A. Trautman
Initiative And Referendum In Washington: A Survey, Philip A. Trautman
Washington Law Review
It is the purpose of this article to analyze some of the more perplexing problems, both at the state and local level, and to provide a better understanding of the initiative and referendum as they presently exist in Washington.
In Quest Of A "Decent Society": Obscenity And The Burger Court, Donald C. Harrison
In Quest Of A "Decent Society": Obscenity And The Burger Court, Donald C. Harrison
Washington Law Review
It is the thesis of this Comment that the Burger Court, in its search for constitutional certainty and structure, and for neutral principles of constitutional adjudication, has seized upon the Meiklejohn model and applied it to the area of obscenity. It has done so gropingly and in an effort to restrict, not to expand, openness of expression; nevertheless, as a repository of constructive constitutional theory, Miller and its companion cases may prove more beneficial to future first amendment adjudication than all the confusing obscenity decisions of the Warren years.
Regulation Of Real Estate Syndications: An Overview, Stephen B. Hazard
Regulation Of Real Estate Syndications: An Overview, Stephen B. Hazard
Washington Law Review
This comment will attempt to make some sense out of the controversy raging around real estate syndications and will attempt to determine what, if anything, should be done to regulate them. First, the mechanism of the real estate syndication and the specific problems it poses for the investor will be briefly examined. Second, the existing legal framework including restrictions imposed on real estate syndications by common law partnership and state and federal securities laws will be examined to determine whether the investor is adequately protected. Third, various proposed regulatory schemes will be examined, including the SEC's proposals for new disclosure …
State Taxation Of Indians—Federal Preemption Of Taxation Against The Backdrop Of Indian Sovereignty—Mcclanahan V. Arizona State Tax Commission, 411 U.S. 164 (1973); Mescalero Apache Tribe V. Jones, 411 U.S. 145 (1973); Tonasket V. Washington, 411 U.S. 451 (1973), Clydia J. Cuykendall
Washington Law Review
Over the years, the policy of the federal government toward American Indians has vacillated between attempts to assimilate them into American society on the one hand and efforts to preserve their independence and cultural identity on the other. Like a pendulum, this policy, as expressed in congressional legislation, has swung from efforts in 1887 to break up the reservations by transferring tribal lands to individual Indians in fee, to the halting in 1934 of further such alienation, and then back again since the 1950s to renewed efforts to end tribal existence. The legal theories and canons of construction generated by …
International Law—Act Of State Doctrine—First National City Bank V. Banco Nacional De Cuba, 406 U.S. 759 (1972), Jack E. Sands
International Law—Act Of State Doctrine—First National City Bank V. Banco Nacional De Cuba, 406 U.S. 759 (1972), Jack E. Sands
Washington Law Review
International comity demands that one sovereign ordinarily recognize the legitimacy of the acts of another, questioning their validity under neither internal nor international law. A challenge to the legality of the acts of another nation-state may entail serious international repercussions; such challenges thus have been considered grave matters of national diplomatic policy within the exclusive competency of the political branches of government. Judicial recognition of this fact is reflected in the act of state doctrine—the refusal of the courts of one nation-state to investigate the legality of official governmental acts performed in another. This doctrine, accepted in varying degrees by …
Products Liability—Strict Liability In Tort: Defect Need Not Render Product "Unreasonably Dangerous"—Cronin V. J.B.E. Olson Corp., 8 Cal. 3d 121, 501 P.2d 1153, 104 Cal. Rptr. 433 (1972), Charles L. Coleman
Washington Law Review
Plaintiff Cronin was injured when the bread delivery truck he was driving for his employer collided with another vehicle. An aluminum safety hasp designed to hold the truck's bread racks in place failed during the collision; as a result, plaintiff was pushed forward through the windshield of the truck and injured seriously. Plaintiff's expert witness testified that the hasp was unusually weak because of bubbles and organic matter in the metal, that the hasp would have withstood the forces exerted by the racks during the collision had it not been flawed, and that the flaws and weakness of the metal …
Impeachment, Arthur Bestor
Impeachment, Arthur Bestor
Washington Law Review
A book review essay considering Impeachment: The Constitutional Problems, by Raoul Berger (1973).
Symposium: Comprehensive Judicial Reform—A Timely Alternative To Piecemeal Modification. Introduction, Anon
Washington Law Review
The Washington Legislature currently has before it SJ. Res. 113, a proposal to comprehensively reform the judicial system in Washington by amending Article IV of the Washington constitution. The proposed changes include a new system for selecting, disciplining and removing judges; a new procedure for financing and administering the courts; and unification of Washington's judicial system. Carefully analyzing this proposal for judicial reform in Washington, United States Supreme Court Justice Tom C. Clark (retired), Washington Supreme Court Justice Robert F. Utter, and Professor Luvern V. Rieke probe and discuss the substantive issues raised by the legislation. Their analysis should be …
The Need For Judicial Reform, Tom C. Clark
The Need For Judicial Reform, Tom C. Clark
Washington Law Review
Mr. Justice Holmes once said that "one may criticize even what one reveres." With this caveat I shall proceed to offer some critical comments concerning the Washington judicial structure, its proliferation, its inefficiencies of operation and its methods of selecting and disciplining judges. I am well aware of Mr. Justice Brewer's observation that "many criticisms may be, like their authors, devoid of good taste." However, I shall endeavor to escape this categorization, remembering instead that "better all sorts of criticism than no criticism at all." Indeed, it is "open season" on the courts these days. As Mr. Justice Story reminds …
Mental Illness: A Legal Fiction, James H. Hardisty
Mental Illness: A Legal Fiction, James H. Hardisty
Washington Law Review
Professor Hardisty examines the use of the term "mental illness" by the law, focusing upon competency and insanity defense tests. After determining that the term has no accepted medical definition, the author analyzes the necessity for legal usage of the term. Professor Hardisty concludes that the term "mental illness" should be deleted from the law.
Selection And Retention—A Judge's Perspective, Robert F. Utter
Selection And Retention—A Judge's Perspective, Robert F. Utter
Washington Law Review
If all persons are to be treated equally in our courts, the process of selecting judges to oversee courts must be one that insures selection of efficient, intelligent and compassionate judges. It must also be one that insures selection and retention of judges who are truly able to administer, and give the impression that they are administering, their duties impartially to all. Toward this end, the Citizens' Committee on Washington Courts examined the current process for selecting judges and recommended a constitutional amendment which, if approved, would substantially improve the process by which judges are now selected in Washington state.
Unification, Funding, Discipline And Administration: Cornerstones For A New Judicial Article, Luvern V. Rieke
Unification, Funding, Discipline And Administration: Cornerstones For A New Judicial Article, Luvern V. Rieke
Washington Law Review
Need for adjustments in the structure and operation of the judiciary is occasioned by the same factors that require modification of other institutions and is more accurately described as a continuing process than as a response to a specific crisis. In recent years, however, demands upon existing judicial resources have burgeoned, and it has been said that the "old ways of doing things are clearly inadequate to meet the burdens imposed on our courts by the 'law explosion' of the mid-20th century." The legitimacy of these demands already has been recognized in Washington. Partial reform of the courts of limited …
Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly
Discretion In Felony Sentencing—A Study Of Influencing Factors, Barbara L. Johnston, Nicholas P. Miller, Ronald Schoenberg, Laurence Ross Weatherly
Washington Law Review
The desirability and constitutionality of discretionary criminal sentencing can be ascertained only if the factors influencing sentencing decisions are known. The authors analyze data generated by a 1971 survey of Washington State superior court trial judges in order to identify the significant factors and to evaluate their relative importance in criminal sentencing. The results indicate that discretionary sentencing is influenced strongly by social biases in no way dependent upon the culpability of the offender, his personal behavior patterns, or circumstances of the crime.
Due Process And Deeds Of Trust—Strange Bedfellows?, David A. Leen, Peter A. Galbraith, John Gant
Due Process And Deeds Of Trust—Strange Bedfellows?, David A. Leen, Peter A. Galbraith, John Gant
Washington Law Review
The authors examine in detail the validity of the private sale provisions of the Washington Deed of Trust Act in light of the recent procedural due process decisions of the United States Supreme Court. In addition to concluding that the present Washington Act appears to be unconstitutional, the authors briefly discuss the policy considerations involved and suggest general guidelines for change.
On Criteria For Redistricting, Robert L. Morrill
On Criteria For Redistricting, Robert L. Morrill
Washington Law Review
The one month effort to reapportion the legislative and congressional districts of the State of Washington did not provide an extensive opportunity to probe either the logical human bases for or methods of reapportionment. However, on the basis of the redistricting experience and subsequent analysis and reflection, an appraisal of the generally accepted criteria for reapportionment is appropriate
Securities Regulation—Private Offering Exemption: Sec Proposed Rule 146, S. M. L.
Securities Regulation—Private Offering Exemption: Sec Proposed Rule 146, S. M. L.
Washington Law Review
This note will examine the present ambit of the private offering exemption, consider proposed amendments to it and propose changes to clarify its application.
Constitutional Law—Equal Protection: Validity Of R.C.W. § 9.87.010(13), Washington's School Loitering Statute—State V. Oyen, 78 Wn. 2d 909, 480 P.2d 766 (1971), Vacated Mem. Sub Nom. Oyen V. Washington, 408 U.S. 933 (1972), R. W. E.
Washington Law Review
Defendants were arrested under authority of R.C.W. § 9.87.010(13), Washington's school loitering statute, for having distributed anti-Vietnam war leaflets to students on school premises in knowing violation of a school board regulation which required prior approval by the superintendent of nonschool-related handouts. The peaceful distribution occurred prior to morning classes as students were leaving their busses. Defendants subsequently were convicted, although they contended that the statute was unconstitutionally vague and overbroad and as applied violated their right to free speech. On appeal to the Washington Supreme Court, the conviction was affirmed. Held: R.C.W. § 9.87.010(13) is constitutional: the statute is …
Torts—Nuisance Actions Against Municipal Airports—Nestle V. City Of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 (1972), G. E. F.
Washington Law Review
Plaintiffs, homeowners living near Santa Monica Municipal Airport, brought suit against the municipality of Santa Monica, the airport operator, seeking damages for diminution of property value and personal injury resulting from jet aircraft noise. The homeowners' principal theory for recovery was that the jet noise emanating from the airport constituted a nuisance. Both the trial and the appellate courts dismissed the nuisance action. The California Supreme Court reversed. Held: a nuisance action against a municipal airport is not precluded by governmental tort immunity. Nestle v. City of Santa Monica, 6 Cal. 3d 920, 496 P.2d 480, 101 Cal. Rptr. 568 …