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Articles 1861 - 1890 of 3365
Full-Text Articles in Law
Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross
Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross
Washington Law Review
In 1972, the Washington Legislature amended Washington's community property laws, granting the wife management powers equal to those of her spouse. Professor Cross examines the impact of the amendments upon existing Washington law, emphasizing expected practical difficulties in community business transactions and transactions involving household goods.
The Economics Of The Joint Antitrust Dissents Of Justices Harlan And Stewart, Ray O. Werner
The Economics Of The Joint Antitrust Dissents Of Justices Harlan And Stewart, Ray O. Werner
Washington Law Review
Professor Werner presents a chronological study of the antitrust dissents authored by Justices Harlan and Stewart in an attempt to identify the minority rationale which may guide the Court's future antitrust decisions. Analyzing these dissenting opinions against the economic criteria of industry structure, conduct and performance, Professor Werner concludes that the dissenters focus primarily on industry performance while showing some concern for the structure of the industry. The author views the dissenters as strict constructionists and believes that their conservative economic orientation may emerge as the antitrust philosophy of the Nixon appointees to the United States Supreme Court.
Outcomes Of Six- And Twelve-Member Jury Trials: An Analysis Of 128 Civil Cases In The State Of Washington, Gordon Bermant, Rob Coppock
Outcomes Of Six- And Twelve-Member Jury Trials: An Analysis Of 128 Civil Cases In The State Of Washington, Gordon Bermant, Rob Coppock
Washington Law Review
Support is growing for increased use of six-member juries in civil cases. Presently, a jury with less than twelve members is available by stipulation in Washington superior courts, and the possibility that a six-member panel will become compulsory in the future is enhanced by positive reports from those experimenting with a mandatory six-member jury.
Union Group Legal Services: An Experiment In Group Legal Practice, William A. Roberts
Union Group Legal Services: An Experiment In Group Legal Practice, William A. Roberts
Washington Law Review
This article does not discuss the history of, the need for, or the philosophy underlying group legal programs; other literature adequately has explored these topics. Rather, this article is designed to acquaint those interested in group legal programs with the essential considerations in establishing such a program and with the operating procedure and results of the group legal program initiated by Union Group Legal Services.
Bank Branching In Washington: A Need For Reappraisal, Richard B. Cohen
Bank Branching In Washington: A Need For Reappraisal, Richard B. Cohen
Washington Law Review
Washington bank branching policy, which essentially limits geographic bank expansion to mergers with existing banks, is being frustrated by aggressive enforcement of federal antitrust statutes. Given the federal restrictions on bank concentration and the need for a responsive and competitive commercial banking structure at the local level, the author concludes that Washington should revamp current statutory policy and allow limited de novo bank branching.
Meretricious Relationships—Property Rights: A Meretricious Relationship May Create An Implied Partnership—In Re Estate Of Thornton, 81 Wn. 2d 72, 499 P.2d 864 (1972), W. P. F.
Washington Law Review
In the early 1950's, decedent separated from his wife and began living with appellant. During the subsequent seventeen years decedent, appellant and their four children operated a cattle ranch in Washington. In 1961 profits from that business were used to purchase property known as the Malo farm in the name of decedent. During the following years, appellant participated both in the decisions concerning the farm's management and in its day-to-day operations. Upon the death of the decedent in 1969, his surviving spouse filed a petition for probate of his will. Thereafter appellant filed a petition alleging a partnership interest in …
Constitutional Law—Freedom To Communicate Versus Right To Privacy: Regulation Of Offensive Speech Limited By "Captive Audience" Doctrine—State V. Rabe, 79 Wn. 2d 254, 484 P.2d 917 (1971), Rev'd Per Curiam, 405 U.S. 313 (1972), D. C. H.
Washington Law Review
Defendant Rabe, manager of a Richland, Washington, drive-in theater, was convicted under the state obscenity statute for exhibiting the film "Carmen Baby," a somewhat updated version of the Bizet opera, on a screen visible from an adjacent highway and from neighboring houses. On appeal, the Washington Supreme Court expressed doubt that the film was obscene on its face under prior holdings of the United States Supreme Court but declared that a right of privacy was "enshrined" in the United States Constitution. Asserting that exhibition of the film in an open-air theater from which it could be viewed by noncustomers constituted …
Criminal Procedure—Dismissals In The Futherance Of Justice—State V. Sonneland, 80 Wn. 2d 343, 494 P.2d 469 (1972), K. D. K.
Washington Law Review
In March 1969, Sonneland was charged with possession of marijuana, then a felony. His offer to plead guilty to a gross misdemeanor was accepted. Subsequently, a second bargain was made whereby Sonneland agreed to furnish information leading to the arrest of three dealers in exchange for a promise to dismiss all the charges against him. A continuance was granted to provide a cover, and in August 1969, Sonneland gave a tip which culminated in the arrest of three men. It was disputed whether all were dealers. In February 1970, the prosecuting attorney concluded that Sonneland would provide no further information …
Criminal Procedure—Immunity: Fifth Amendment Privilege Against Self-Incrimination Eclipsed By Use Immunity—Kastigar V. United States, 406 U.S. 441 (1972), W. J. M.
Washington Law Review
Kastigar refused to answer questions during federal grand jury proceedings despite an order commanding him to answer and granting him use and derivative use immunity, protecting him from the use of his testimony or any evidence derived from it. Kastigar's refusal to testify was premised on the theory that the grant of immunity extended to him was constitutionally deficient and that only transactional immunity could supplant his fifth amendment privilege. The trial court found Kastigar in civil contempt and ordered him confined pursuant to section 301(a) of the Organized Crime Control Act of 1970. The United States Court of Appeals …
Physicians And Surgeons—Malpractice—Informed Consent Of Patient: Duty To Inform Patient To Be Established By Expert Medical Testimony—Zebarth V. Swedish Hospital Medical Center, 81 Wn. 2d 12, 499 P.2d 1 (1972), L. D. K.
Washington Law Review
Plaintiff was suffering from a highly malignant form of cancer resulting in serious obstruction of the trachea. He was admitted to the defendant hospital where it was determined that radiation therapy was necessary to reduce the obstruction before it completely blocked the plaintiff's breathing. After completion of the radiation therapy, plaintiff began to suffer from a progressive paralysis which plaintiff claimed was caused by damage to his spinal cord, attributable to the manner in which the radiation was administered. Plaintiff sued in the Superior Court for King County, alleging that since he was neither warned of the risk of damage …
Torts—Emotional Harm: Limitations On Third Party Recovery For Emotional Harm Caused By Fear Or Concern For Another—Schurk V. Christensen, 80 Wn. 2d 652, 497 P.2d 937 (1972), J. R. R.
Washington Law Review
Plaintiff hired fifteen-year-old Reed Christensen to care for her five-year-old daughter upon the representation of his parents that he was a good and capable baby-sitter. The parents knew but did not disclose that their son had a lengthy history of sexually assaulting young girls. In the span of five months the baby-sitter molested the plaintiff's daughter between two and five times. Upon learning of the assaults, plaintiff suffered severe emotional distress requiring treatment by a physician, hospitalization, and psychiatric care. The plaintiffs claim against the defendant parents and their son alleged mental anguish proximately caused her by the knowledge of …
Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G.
Washington Law Review
A recent United States Supreme Court decision, Fuentes v. Shevin, and two recent Washington Court of Appeals decisions, Lucas v. Stapp and Seattle Credit Bureau v. Hibbitt, held that except in extraordinary situations the due process clause of the fourteenth amendment to the United States Constitution requires notice and an opportunity to be heard before any significant property interest can be seized by actions involving government officials. Under these cases, Washington's attachment, garnishment, and replevin statutes appear to be unconstitutional insofar as they provide for prejudgment seizure of a defendant's property without prior notice and an opportunity to be heard. …
Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck
Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck
Washington Law Review
Despite the Federal Tort Claims Act's explicit purpose to make state law determinative of recovery for governmental wrongs, the United States Supreme Court in Laird v. Nelms held that liability under the Act may not be predicated on a state statute imposing absolute or strict liability. Professor Peck challenges the Court's rationale in reaching this decision, concluding that Laird v. Nelms makes legislative revision of the Federal Tort Claims Act imperative. To guarantee that the Act will not insulate the government from strict liability for its ultrahazardous activities, Professor Peck proposes several basic changes to the Federal Tort Claims Act, …
State Regulation Of Franchising: The Washington Experience, Donald S. Chisum
State Regulation Of Franchising: The Washington Experience, Donald S. Chisum
Washington Law Review
The successful use of franchising as an adjunct to more traditional marketing techniques by business firms seeking nationwide distribution for their products, services, and ideas has stimulated many franchisor abuses. Professor Chisum comprehensively discusses a variety of remedies available to the franchisee seeking relief from franchisor abuses, including remedies provided by the common law, federal and state securities laws, and the federal antitrust laws. The article assesses the relative success and failure of these general remedies in rectifying the specific problems of franchisor abuses. The author then critically examines the Washington Franchise Investment Protection Act which was enacted in 1971 …
Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr.
Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr.
Washington Law Review
The scope of this study is limited to what is probably the most criticized aspect of the traditional grand jury system, the restrictions on disclosure of grand jury proceedings, especially the criminal defendant's lack of access to a transcript of the testimony given before the grand jury which indicted him. Examining the history of the grand jury as it relates to the tradition of secrecy, this study discusses the philosophies underlying the practice and analyzes the impact of the Federal Rules of Criminal Procedure, federal statutes, and certain Supreme Court decisions on this tradition. This study concludes that there is …
Judicial Review Of Treasury Regulations For Taxpaying And Nontaxpaying Citizens, Paul E. Sullivan, Jr.
Judicial Review Of Treasury Regulations For Taxpaying And Nontaxpaying Citizens, Paul E. Sullivan, Jr.
Washington Law Review
This paper explores the possibility of subjecting such an administrative ruling to judicial review initiated either by a taxpayer not benefited by the regulation or by a nontaxpayer. For either party to prevail he must prove that he has standing, that judicial review is available, and that there is a remedy which he can obtain by judicial review
Usury—Installment Sales Contracts: Limitation Of The Scope Of The Time Price Doctrine—National Bank Of Commerce Of Seattle V. Thomsen, 80 Wn.2d 406, 495 P.2d 332 (1972), P. A. H.
Washington Law Review
In 1965 Greg Thomsen entered into an agreement with Carter Motors for the purchase of an automobile. In addition to signing a purchase order, Thomsen executed a conditional sales contract which provided that payments were to be made to the National Bank of Commerce (NBC) and showed a time price differential of $242.15, the equivalent of a 14.61 percent annual finance charge. A Carter Motors salesman had requested that Thomsen finance the purchase through NBC, which had supplied the contract form and other documents used in the transaction. Carter Motors immediately assigned the contract to NBC pursuant to a financing …
Income Tax—Section 482 Of The Internal Revenue Act: Commissioner's Authority To Allocate Income Is Limited By Taxpayer Legal Disability—Commissioner Of Internal Revenue V. First Security Bank Of Utah, N.A., 405 U.S. 394 (1972), J. P. H.
Washington Law Review
First Security Bank, a wholly owned subsidiary of Holding Company, referred its borrowers to Security Life, a sister subsidiary, for the purpose of obtaining credit insurance. Security Life paid no commissions to First Security, but it did pay substantial dividends to Holding Company. By funneling all of the premium income through Security Life, which qualifed for preferential treatment as a life insurance company, Holding Company enjoyed a substantial tax advantage. The Commissioner of Internal Revenue, acting pursuant to section 482 of the Internal Revenue Code,4 sent notice of deficiencies to First Security based on an allocation to that subsidiary of …
Constitutional Law—Recall Of Public Officers: Discretionary Acts Cannot Be A Sufficient Basis For Recall—State Ex Rel. Citizens Against Mandatory Bussing V. Brooks, 80 Wn. 2d 121, 492 P.2d 536 (1972), G. V. T.
Washington Law Review
Citizens Against Mandatory Bussing, a corporation composed of voters in Seattle School District No. 1, sought to recall all seven members of the Seattle School Board. As the first step in the recall process, charges against each of the directors were filed with the King County Department of Records and Elections. When the election officials refused to prepare a ballot synopsis, the corporation commenced an action for a writ of mandamus in superior court. That court denied the writ on the ground that none of the charges was legally sufficient to support recall. On appeal, the Washington Supreme Court reversed …
The Abortion Bias, Jennifer James
The Abortion Bias, Jennifer James
Washington Law Review
A book review essay considering Abortion: Law, Choice and Morality, by Daniel Callahan (1970).
Rationality And Drugs, P. G. Sherburne
Rationality And Drugs, P. G. Sherburne
Washington Law Review
A book review essay considering Drugs and the Public, by Norman E. Zinberg and John A. Robertson (1972).
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Washington Law Review
No abstract provided.
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Washington Law Review
The Proposed Code is comprehensive, and when one adds the criminal provisions in other chapters of the Revised Code of Washington that will not be affected by the Proposed Code, it becomes obvious that Washington's criminal law does not suffer from the defect of failing to embrace and protect vital human concerns. These vital concerns are not denuded of the protection of the criminal law. To the contrary, the comprehensiveness of the Code raises opposite sorts of questions. Thus, the chief purpose of this article is to render a service of constructive criticism. It will focus on several areas of …
The Death Penalty Cases: A Preliminary Comment, John M. Junker
The Death Penalty Cases: A Preliminary Comment, John M. Junker
Washington Law Review
The next to last step down the long road to total abolition of capital punishment consists of a period during which the death penalty is retained as an official symbol but repealed in practice. When the proposed Revised Washington Criminal Code was published in 1970, this schizophrenic phase was already well under way, dating from at least 1967, the year of the last execution in this country. The political message suggested by this state of affairs is that while the death penalty ought to be retained in the crime-prevention arsenal, it should be used only rarely. In attempting to legitimize …
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
Washington Law Review
Those who work with Washington's criminal law generally concede that it is in need of substantial overhaul. Consequently, members of the bench, law enforcement agencies, the state legislature, the public, prosecutors and defense attorneys undertook to draft a new criminal code for Washington. Input came from varied sources—from law enforcement personnel to a former inmate of the Washington prison system. The Proposed Code reflects the input of each contributor; it cannot be labelled the Code of any single group. This article attempts to analyze those sections of the Proposed Code that are important from a defense attorney's standpoint. No attempt …
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
Washington Law Review
Basically, I am dissatisfied with the Proposed Code for three reasons: (1) the Code is incomplete; (2) the Code has in many cases imposed an unrealistic burden of proof on the state which will be impractical or impossible to sustain; and (3) the Code has too narrowly defined and too leniently graded many offenses.
The Draftman's View Of The Revised Code, Richard H. Holmquist
The Draftman's View Of The Revised Code, Richard H. Holmquist
Washington Law Review
In this article, the author seeks to review the Code with the advantage of hindsight afforded by the passage of time since the completion of his activities as Reporter for the Judiciary Committee. Beyond this general review of the Code, the author will offer general observations concerning the process of code revision and the philosophy of the Code. Finally, the author will consider, in the context of the students' Notes appearing in this issue of the Washington Law Review, the effect adoption of the Code will have on criminal law in Washington.
A Hornbook To The Code, Anon
A Hornbook To The Code, Anon
Washington Law Review
This comment is designed to acquaint the reader with the major sections of the Revised Washington Criminal Code. In addition to analyzing the language and operative effect of each section, the student authors have compared each section with its counterpart under the present law and with the different positions taken by other modern revised criminal codes. This comment is intended to supplement, not replace, the official comments to the Code; therefore, the student authors have concentrated on raising a number of issues not dealt with in the official comments.
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
Washington Law Review
I have chosen to discuss three areas of the Proposed Code: the proof requirement (with primary emphasis upon the affirmative defenses), justification, and felony murder. These sections are vital underpinnings of the Proposed Code. The Code makes substantial changes in each of these provisions, all of which deserve and demand critical review.
A General Theory Of Eminent Domain, William B. Stoebuck
A General Theory Of Eminent Domain, William B. Stoebuck
Washington Law Review
In perspective, then, the constitutional eminent domain clauses are not ends in themselves, nor are they beginnings. They are formal, concise statements of principles recognized and enshrined, but not invented, by the constitution maker. The real significance and meaning of these principles, therefore, depends on the discovery of their historical and theoretical development, rather than solely on the interpretations of the constitutions. The purpose of this article is to develop a framework, based on that discovery, for analyzing the principles of eminent domain. It will impose order upon our inquiry if we organize it under the following heads: the act …