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Articles 1981 - 2010 of 3365
Full-Text Articles in Law
Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon
Washington Law Review
Informed that defendant had committed an abortion in his home, the police hired a female agent who made arrangements with the defendant by telephonic conversations, which were monitored and recorded. The agent, equipped with a hidden transmitter, kept her appointment and transmitted defendant's explanation of the abortion to the police, who again monitored and recorded the conversation. That evening she returned to defendant's home and paid the fee, and, as defendant prepared her for the operation, sent the conversation to monitoring police, who recorded it. All monitoring was done without prior court order. Just before the operation was to occur, …
Torts—Strict Products Liability For Retailers?—Ulmer V. Ford Motor Co., 75 Wash. Dec. 2d 537, 452, P.2d 729 (1969), Anon
Washington Law Review
In Ulmer v. Ford Motor Co. the Washington plaintiff brought suit against the manufacturer of an automobile which had gone out of control and crashed into a cement abutment due to a defectively installed "A frame" pivot bolt. Plaintiff, whose theory of recovery was based on strict liability, was denied relief in the trial court. The Supreme Court of Washington reversed and remanded, adopting the Restatement (Second) position and holding that plaintiff's theory reflected the import of cases previously decided by the court under the theory of breach of implied warranty. The court abandoned the implied warranty theory of recovery, …
Taxation—Income: Tax Computation Where Taxpayer Refunds Revenues Previously Reported Under Claim Of Right Doctrine.—United States V. Skelly Oil Company, 394 U.S. 678 (1969), Anon
Washington Law Review
In the years 1952 through 1957 the Skelly Oil Company received $505,536.54 from two customers due to a raise in the minimum price for natural gas by the Oklahoma Corporation Commission. In 1958 the Company was required to refund this money due to a vacation of the increased rates by an order of the United States Supreme Court. The Company had included the amounts received in gross income for income tax purposes during the years of receipt in conformance with the claim of right doctrine, whereby amounts received by a taxpayer who claims an unrestricted right to them must be …
Water Law And Administration—The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Flether N. Baldwin, Jr. (1968), Ralph W. Johnson
Water Law And Administration—The Florida Experience, By Frank E. Maloney, Sheldon J. Plager, And Flether N. Baldwin, Jr. (1968), Ralph W. Johnson
Washington Law Review
This new book is a fine contribution to the growing body of water law literature. It presents an exhaustive review of the law of Florida in the water resources field, with substantial references to the water laws of the other eastern states. Excellent legal scholarship and careful analysis characterize the efforts of these authors. Dean Maloney and Professor Plager have published in this field for many years and several chapters of the book have appeared earlier as law review articles. Professor Baldwin contributed the federal law material to the book.
Motions For Summary Judgment: Their Use And Effect In Washington, Philip A. Trautman
Motions For Summary Judgment: Their Use And Effect In Washington, Philip A. Trautman
Washington Law Review
In general, summary judgment procedure may be used to determine what need exists for a trial, according to whether there is a genuine issue as to any material fact, and whether one of the parties is entitled to judgment as a matter of law. By enabling an early conclusion to litigation, summary judgments minimize expenditures of time and money by the parties, and serve the public interest by decreasing court congestion. Availability of the procedure may eliminate the necessity of the extensive preparations otherwise required for a trial. Even when judgment is not rendered on the whole case or for …
Filling And Building On Small Lakes—Time For Judicial And Legislative Controls, Ralph W. Johnson, G. Richard Morry
Filling And Building On Small Lakes—Time For Judicial And Legislative Controls, Ralph W. Johnson, G. Richard Morry
Washington Law Review
Our primary focus is on small natural lakes, that are nonnavigable for title. Restriction of our discussion to lakes, of course, excludes water bodies too small to be labeled "lakes." No hard and fast definition of "lake" can be derived from the case law, but, intuitively, it is clear, that at some point, a water body will be obviously so small, shallow, or useless, that the established rules of lake law will not be applied The term "natural" also excludes artificial lakes, which present peculiar problems not necessarily resolvable in the natural lake context. We have examined primarily cases dealing …
Thou Shalt Not Fill Public Waters Without Public Permission—Washington's Lake Chelan Decision, Charles E. Corker
Thou Shalt Not Fill Public Waters Without Public Permission—Washington's Lake Chelan Decision, Charles E. Corker
Washington Law Review
On December 4, 1969, the public won a significant victory in the Supreme Court of Washington. The court ordered defendants who had filled their lands, which are seasonally inundated by the waters of Lake Chelan, to remove the fill because it obstructed the rights of plaintiffs and the public to swim, boat, fish, bathe, recreate, and navigate in the waters of the lake. This principle applies to all navigable waters of the state The sweeping character of the decision is demonstrated by the narrow ground on which three of the judges dissented, in part, to Judge Mathew W. Hill's majority …
Section 11 Of The Securities Act—A Proposal For Allocating Liability, John R. Allison
Section 11 Of The Securities Act—A Proposal For Allocating Liability, John R. Allison
Washington Law Review
Section 11 gives each non-issuer participant a right to recover contribution from the other participants subject to liability. This comment will show how the right to contribution may be used to make the consequences of participating in registration more predictable, by limiting a non-issuer participant's potential liability to the consequences of his own carelessness. Part I will review briefly the registration requirement, which determines the incidence of section 11 liability. Part I will then discuss the section 11 cause of action, and demonstrate the importance and function of the right to recover contribution. Finally, Part III will analyze the right …
Section 367: An Enigma, Julie W. Weston
Section 367: An Enigma, Julie W. Weston
Washington Law Review
Section 367 of the Internal Revenue Code of 1954 was enacted in its original form in 1932 in order to close what Congress considered to be a serious tax loophole available to domestic corporations and individuals carrying on business through the use of foreign corporations or contemplating the use of foreign corporations to realize large gains without paying taxes. The loophole resulted from the operation of the nonrecognition provisions of the Code dealing with the organization and reorganization of corporations. By using these provisions, individuals and corporations—both foreign and domestic—could transfer greatly appreciated property and unrealized profits on a tax-free …
Attorney-Client Privilege—Contempt: The Dilemma Of Non-Disclosure Of Possibly Privileged Information.—Dike V. Dike, 75 Wash. Dec. 2d 1, 448 P.2d 490 (1968), Anon
Washington Law Review
A recent Washington case examines the attorney's dilemma. In Dike v. Dike, the Washington Supreme Court reviewed a summary contempt conviction imposed upon an attorney for refusing to reveal the whereabouts of his client, the defendant in a pending divorce action. The client had removed her daughter from the temporary court-awarded custody of a third party, and would not return the child. Having failed to answer a motion to hold his client in contempt for violating the custody order, the attorney was directed to appear, and either produce the defendant or show cause why he could not produce her. The …
Communty Property—Antenuptial Debts—Eliminating Immunity Of Earnings And Accumulations Of Debtor Spouse.—Rcw 26.16.200, As Amended By Ch. 121, Laws Of 1969, 1st Extraordinary Session, Anon
Washington Law Review
Washington case law has made some inroads into the insulation of community assets, based on policy considerations favoring alimony. In Fisch v. Marler, the husband's remarriage did not prevent his first wife from garnishing his salary to satisfy alimony obligations. In Stafford v. Stafford, however, the policy considerations were not sufficiently strong to allow the first wife to attach community real property acquired during the second marriage of the husband. Federal tax law has also diluted the immunity." The most recent and significant abrogation, however, is statutory. During the 1969 Extraordinary Session, the Washington Legislature rendered the community less inviolate …
Criminal Procedure—Lineups—Right To Counsel: "Independence" Of In-Court Identification Of Criminal Defendant From Previous Lineup Identification Inadmissible Due To Absence Of Counsel.—State V. Redmond, 75 Wash. Dec. 2d 64, 448 P.2d 938 (1968, Anon
Washington Law Review
Virginia Rohn, alone in her beverage store, was robbed by an unmasked man who remained in the store for approximately five minutes. At a police lineup, five days later, she identified defendant as the robber. Defendant's counsel filed a pre-trial motion to suppress the lineup identification because defendant had not been afforded prior opportunity to contact counsel and counsel had not been present at the lineup. After a preliminary hearing, the trial judge suppressed the lineup identification but ruled that Virginia Rohn was not legally precluded from making an in-court identification. Upon conviction, defendant appealed assigning error to the admission …
Employment Contracts—Covenants Not To Compete: Inseverable And Unreasonable Covenants Not To Compete May Be Enforced To A Reasonable Extent.—Wood V. May, 73 Wn. 2d 307, 438 P.2d 587 (1968), Anon
Washington Law Review
Plaintiff-employer sought to prevent defendant-employee from competing with him in the horseshoeing business within a proscribed area and time as set forth in an employment agreement between them. The trial court found the area of restriction to be excessive and thus unreasonable and refused to modify the covenant not to compete. It held that the unreasonable restriction was not severable from the remainder of the covenant and that the whole covenant was thus unenforceable. Plaintiff appealed, claiming error in the findings of unreasonableness and indivisibility and in the refusal to modify or enforce the covenant. The Washington Supreme Court upheld …
Landlord And Tenant—Mitigation Of Damages—Landlord Must Plead And Prove Actual Efforts To Relet In Order To Recover Rent For The Balance Of The Term Of A Wrongfully Abandoning Tenant.—Vawter V. Mckissick, 159 N.W.2d 538 (Iowa 1968), Anon
Washington Law Review
Defendant-tenant notified plaintiff-landlord that he intended to vacate the space leased for his drugstore prior to the expiration of the lease term. He then removed most of his equipment and merchandise and surrendered the key. After the lease had expired, the landlord sued for the rent for the balance of the term. The landlord's sole apparent endeavor to relet after abandonment-placement of a window "for rent" sign-was revealed only on cross examination. Held: Unless a landlord pleads and proves efforts to relet wrongfully abandoned premises, he is not entitled to recover from a tenant the balance of rent due under …
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Civil Procedure In France, By Peter Herzog With Martha Weser(1967), Jean-Louis Baudouin
Washington Law Review
The Columbia University School of Law project on international procedure has already published three books on foreign civil procedure. Civil Procedure in France is a significant and most important addition to this series, for to my knowledge it constitutes the first comprehensive study of modern French civil procedure in the English language.
Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson
Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson
Washington Law Review
The articles in this symposium are concerned with several major problems encountered en route from the promulgation to present social realization of the new style of Japanese constitutionalism. We have taken this opportunity to reflect after twenty years upon the problems of structure, political milieu, and continuity with the past. To some, continuity with the Meiji Constitution (1889-1947) might seem farfetched until we remember that it had several characteristics in common with the new Constitution: both followed foreign models (German and Anglo-American); both were far in advance of the social realities which they sought to transform; both were thus a …
The Japanese Constitutional Style, John M. Maki
The Japanese Constitutional Style, John M. Maki
Washington Law Review
This examination of Japan's constitutional style is based on the manner in which the following factors have contributed to its development or have become elements of it: past constitutional history, the broad reaction against militarism and authoritarianism, basic constitutional principles, the renunciation of war, the electoral system, the structure of government, the relationship between the government and the people, education and the mass media, the intellectuals, changing social relations, popular controversy and the issue of revision. The conclusion will be that the 1947 Constitution has been firmly woven into the general institutional framework of Japanese society and will endure. Even …
Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi
Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi
Washington Law Review
On June 11, 1956, the Commission on the Constitution was created. Its duties, as laid down by the enacting statute, were "to examine the Constitution of Japan, to investigate and deliberate on problems related thereto, and to report the results to the Cabinet and through the Cabinet to the National Diet." When the work of the Commission on the Constitution was approaching an end in 1964, there was informal talk about attempting an English translation of at least the Final Report. For a variety of reasons, this idea failed to materialize. However, there have been at least two excellent articles …
Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi
Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi
Washington Law Review
Translator's Note: On July 19, 1963, at the 114th plenary session of the Commission on the Constitution, the late Professor Kenzo Takayanagi, its chairman, submitted a long opinion on constitutional problems. It was published as a 76-page appendix to the minutes of that session. The opinion was organized into nine sections: General Problems (an evaluation of the process of enactment, constitutional revision, constitutional interpretation, and the written style of the Constitution totalling 8 pages); The Emperor (7 pages); The Renunciation of War (9 pages); The Rule of Law (24 pages); The Parliamentary Cabinet System (19 pages); Finances (3 pages); Local …
Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson
Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson
Washington Law Review
The shift in 1947 from a political to a legal (or justiciable) constitution of Anglo-American design meant also a shift from professors to the courts as the authoritative expounders of the Constitution, though of course the leading critics and synthesizers are still the scholars. Soon followed, for the first time, a body of Supreme Court decisions which became the detailed sources of constitutional law, presaging adoption throughout the legal profession of a new juristic method in the public law field using scholarly theories where appropriate but rooted in case analysis. These changes in professional roles, sources and methods have caused …
Twenty Years Of Revisionism, H. Fukui
Twenty Years Of Revisionism, H. Fukui
Washington Law Review
It would seem most natural that the 1947 Constitution of Japan should have been the target of strong revisionist pressure in the years following its promulgation, considering its contents and the special circumstances of its making. However, looking back upon the developments in this revisionist movement, one is struck by the degree of ambivalence and confusion in the attitudes of both the proponents. and opponents of revision and by the apparent failure of the former to effect revision. It is my view that these two impressions are very intimately interrelated and that an understanding of this relationship is necessary if …
Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota
Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota
Washington Law Review
Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.
Treaties And The Constitution, Isao Sato
Treaties And The Constitution, Isao Sato
Washington Law Review
Problems of the validity of treaties in a constitutional order concern aspects of both international and constitutional law. The chief concern of this article, however, is the effect of the Japanese Supreme Court's power of judicial review upon the validity of treaties in domestic law. The relationship of treaties and the Constitution long has been a favorite theme of Japanese international law scholars. Under the new Constitution it has become an urgent and unavoidable issue for constitutional law scholars as well; the present constitution, unlike the Meiji Constitution, has provisions, (Articles 81 and 98), which bear directly upon the problem.
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Washington Law Review
The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.
The "Right Of Silence" In Japanese Law, B. J. George, Jr.
The "Right Of Silence" In Japanese Law, B. J. George, Jr.
Washington Law Review
The concept of a right of silence, particularly in the case of an accused person, was totally unknown in traditional Japanese law. Tokugawa procedure made no clear-cut distinction between civil and criminal or judicial and administrative proceedings; those embroiled in disputes were expected, indeed required, to make full revelation of everything which bore on the propriety of their activity. In what today would be a criminal proceeding, the defendant was expected to respond to questioning; and he could be tortured until he made the requisite statement. During the first decade or two of the Meiji period (1868-1912) some changes were …
Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson
Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson
Washington Law Review
Some writers find a reflection of the due process clauses of the fifth and fourteenth amendments of the United States Constitution in Article 31 of the 1946 Japanese Constitution. Article 31 provides: "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." Obviously there are disparities as well as similarities between this article and the American due process clauses. Since the Japanese Constitution was framed under the direction of the Supreme Command Allied Powers (SCAP), during the allied occupation, the similarities are not surprising. Many of …
The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer
The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer
Washington Law Review
This article analyzes the constitutional right of free expression, exercised by political demonstrations, in the political context of contemporary Japan, where consensus among political parties on the constitutional framework itself is lacking. The Japanese people possess an unusually strong sense of cultural unity, and strong emphasis is placed on harmony and consensus in social relations. On the other hand, the excesses and strident tone of many mass demonstrations strikingly illustrate the absence of consensus between groups and the pervasive tendency toward "groupism" which distinguish the Japanese from the American political setting. Although the sociopolitical tensions may have become great in …
Foreword: Wage Garnishment—An Extraordinary Remedy Run Amok, Mark T. Patterson
Foreword: Wage Garnishment—An Extraordinary Remedy Run Amok, Mark T. Patterson
Washington Law Review
There are cases on the basis of which the present Washington statute can be upheld as constitutional. Whether these cases actually remain the law of the land although they have not been expressly overruled is open to question. It cannot be denied, however, that a case can be made for legislative change in the interest of the people of the state. The facts are clear to anyone who wishes to seek them out. Because of the defendants' financial inability to withstand the pressure of a writ of garnishment, unscrupulous collectors through the use of this statute are every day recovering …
The Right To Counsel In Misdemeanor Cases, John M. Junker
The Right To Counsel In Misdemeanor Cases, John M. Junker
Washington Law Review
These then are the focal tasks of the present inquiry: first, to examine the present status of the misdemeanant's right to counsel under the Constitution; second, to evaluate possible substitutes for the felony standard; and finally, to attempt to explain the longevity of the felony standard in the face of powerful doctrinal and social forces for change. The present status, of the misdemeanant's right to appointed counsel, both in law and in fact, is detailed in the Appendix.
Wage Garnishment In Washington—An Empirical Study, C. Kenneth Grosse, Charles W. Lean
Wage Garnishment In Washington—An Empirical Study, C. Kenneth Grosse, Charles W. Lean
Washington Law Review
The empirical data presented in this note were derived from studies conducted over a period of several months by members of the Washington Law Review. The most important project in terms of time and resource allocation was a study of 187 randomly selected case files taken from Seattle District Justice Court. The results of this study are reproduced in the Appendix. Three other studies were undertaken, consisting of telephone surveys of selected groups of collectors, employers, and union representatives. The results of these are not reproduced in tabulated form but the more significant data are set out in the text …