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Articles 2011 - 2040 of 3365
Full-Text Articles in Law
Escalation Of Welfare Warfare: The Case Of The Recent Resident, Anon
Escalation Of Welfare Warfare: The Case Of The Recent Resident, Anon
Washington Law Review
Vivian Marie Thompson, plaintiff, migrated from Boston, Massachusetts to Hartford, Connecticut to be near her mother. She arrived without prospect of specific employment or sufficient funds to maintain herself and her child while attempting to locate work. During her residency in Boston, she received financial support under a jointly-funded state-federal program of Aid to Dependent Children (ADC). When she applied for similar assistance in Hartford her request was denied by defendant, Connecticut's Commissioner of Welfare, because she had not been a resident of the state for one year as required by Connecticut law. plaintiff brought suit in the United States …
A New Approach To Jurisdictional Analysis?, Anon
A New Approach To Jurisdictional Analysis?, Anon
Washington Law Review
Plaintiff, a Washington corporation, is a general insurance broker procuring "hard-to-get" insurance exclusively for other brokers. Defendant, a California corporation, telephoned plaintiff requesting it to obtain insurance for Cisco Aircraft, Inc., a customer negotiating a crop and forest dusting contract. Plaintiff obtained high-risk, high-premium coverage through its London broker and wired defendant a binder. Cisco defaulted and coverage was cancelled. Plaintiff paid its London broker the earned premiums and sought recovery from defendant. Defendant was served pursuant to the Washington long arm statute. Defendant unsuccessfully challenged the jurisdiction of the court. Plaintiff received a $41,275.15 judgment because the jury found …
A Constitutional Dilemma For Loitering Statutes?, Anon
A Constitutional Dilemma For Loitering Statutes?, Anon
Washington Law Review
Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …
Crisci's Dicta Of Strict Liability For Insurer's Failure To Settle: A Move Toward Rational Settlement Behavior, Jonathan A. Eddy
Crisci's Dicta Of Strict Liability For Insurer's Failure To Settle: A Move Toward Rational Settlement Behavior, Jonathan A. Eddy
Washington Law Review
This comment attempts to explore the interests of the insurer and insured under the insurance contract, to differentiate between different tests applied by the courts, and to determine what effect these different tests will have on insurer's conduct. Finally, the comment examines what courts have actually done in their process of defining insurer duties and presses for a more conscious exercise of their role in facilitating rational settlement behavior. Adoption of a rule of strict liability is advocated.
Land Occupier Liability In Washington, Anon
Land Occupier Liability In Washington, Anon
Washington Law Review
The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …
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 …
Crisci's Dicta Of Strict Liability For Insurer's Failure To Settle: A Move Toward Rational Settlement Behavior, Jonathan A. Eddy
Crisci's Dicta Of Strict Liability For Insurer's Failure To Settle: A Move Toward Rational Settlement Behavior, Jonathan A. Eddy
Washington Law Review
This comment attempts to explore the interests of the insurer and insured under the insurance contract, to differentiate between different tests applied by the courts, and to determine what effect these different tests will have on insurer's conduct. Finally, the comment examines what courts have actually done in their process of defining insurer duties and presses for a more conscious exercise of their role in facilitating rational settlement behavior. Adoption of a rule of strict liability is advocated.
Escalation Of Welfare Warfare: The Case Of The Recent Resident, Anon
Escalation Of Welfare Warfare: The Case Of The Recent Resident, Anon
Washington Law Review
Vivian Marie Thompson, plaintiff, migrated from Boston, Massachusetts to Hartford, Connecticut to be near her mother. She arrived without prospect of specific employment or sufficient funds to maintain herself and her child while attempting to locate work. During her residency in Boston, she received financial support under a jointlyfunded state-federal program of Aid to Dependent Children (ADC). When she applied for similar assistance in Hartford her request was denied by defendant, Connecticut's Commissioner of Welfare, because she had not been a resident of the state for one year as required by Connecticut law. plaintiff brought suit in the United States …
A New Approach To Jurisdictional Analysis?, Anon
A New Approach To Jurisdictional Analysis?, Anon
Washington Law Review
Plaintiff, a Washington corporation, is a general insurance broker procuring "hard-to-get" insurance exclusively for other brokers. Defendant, a California corporation, telephoned plaintiff requesting it to obtain insurance for Cisco Aircraft, Inc., a customer negotiating a crop and forest dusting contract. Plaintiff obtained high-risk, high-premium coverage through its London broker and wired defendant a binder. Cisco defaulted and coverage was cancelled. Plaintiff paid its London broker the earned premiums and sought recovery from defendant. Defendant was served pursuant to the Washington long arm statute. Defendant unsuccessfully challenged the jurisdiction of the court. Plaintiff received a $41,275.15 judgment because the jury found …
A Constitutional Dilemma For Loitering Statutes?, Anon
A Constitutional Dilemma For Loitering Statutes?, Anon
Washington Law Review
Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
Washington Law Review
The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …
Land Occupier Liability In Washington, Anon
Land Occupier Liability In Washington, Anon
Washington Law Review
The rules of law governing the liability of an occupier of land to persons entering thereon were developed in England in the 19th century. Most commentators have concluded that they were based on a quid pro quo rationale, the degree of care owing to an entrant by an occupier increasing as a function of the degree of benefit, real or potential, accruing to the occupier by reason of the entrance. In order to facilitate application of the rules, the categories of trespasser, licensee, and invitee were used, occupiers owing a predetermined degree of care to persons in each category. Onice …
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
State Equalization Of Local Property Tax Assessments At Fifty Percent, Anon
Washington Law Review
The Snohomish County assessor revalued the real property in two school districts of the county. Once he had determined the true and fair value of each parcel and improvement, he computed the assessed value by utilization of a 25 percent assessment ratio. The property not included in the revaluation program was assessed at 20 percent of true and fair value. The Department of Revenue ordered the County Board of Equalization to reconvene for the purpose of equalizing assessments within the county. The order required the Board to apply uniformly a 20 percent assessment ratio or to propose a reasonable alternative, …
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 …
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Washington Law Review
No abstract provided.
Criminal Insanity, Arval A. Morris
Criminal Insanity, Arval A. Morris
Washington Law Review
Mental capacity becomes relevant to the criminal law as soon as a peace officer apprehends a person who has committed an anti-social act. Policemen, and later prosecutors, must decide whether the offender is "well" (sane), responsible for his acts, and the proper subject of criminal proceedings or whether he is "sick" (insane), not responsible for his acts, and the proper subject of civil commitment or similar process. These are threshhold questions in criminal law enforcement. If criminal processes are used, then the trial stage presents twin questions: whether an accused is capable of standing trial, and whether he was insane …
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
Washington Law Review
A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
Regulation Of Treaty Indian Fishing, Anon
Regulation Of Treaty Indian Fishing, Anon
Washington Law Review
On December 26, 1854, the Treaty of Medicine Creek was concluded between the United States and nine western Washington Indian tribes. The Indians ceded to the United States all rights in a large portion of their tribal lands, but reserved the "right of taking fish, at all usual and accustomed grounds and stations ... in common with all citizens of the Territory." Whatever the representatives of the United States or the Indian chiefs meant by this clause has been lost in antiquity. It is certain that they could not have foreseen the acrimony or the legal battles that it would …
Survey Of Abortion Reform Legislation, Anon
Survey Of Abortion Reform Legislation, Anon
Washington Law Review
Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And The Uniform Commercial Code, Richard Cosway
Washington Law Review
No abstract provided.
The Juvenile At Waiver: Is Counsel Required?, Anon
The Juvenile At Waiver: Is Counsel Required?, Anon
Washington Law Review
The petitioner was before juvenile court on charges of committing a battery. Defendant and his mother were advised of their right to counsel, but not to appointed counsel at certification, a proceeding which determines whether the juvenile court should waive jurisdiction in favor of district court. Neither defendant nor his family was financially able to employ counsel. Counsel was appointed only after the defendant had been transferred to the district court for criminal prosecution. On motion to vacate judgment and sentence on the subsequent criminal conviction, Held: An indigent juvenile offender has no right to appointed counsel in a transfer …
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
The Insanity Defense And A "Jury" Experiment, Arval A. Morris
Washington Law Review
A book review essay covering The Insanity Defense, by Abraham S. Goldstein (1967) and The Jury and the Defense of Insanity, by Rita James Simon (1967).
Survey Of Abortion Reform Legislation, Anon
Survey Of Abortion Reform Legislation, Anon
Washington Law Review
Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues
Wrongful Death Of A Minor Child: The Changing Parental Injury, Anon
Wrongful Death Of A Minor Child: The Changing Parental Injury, Anon
Washington Law Review
In Washington, an action may be brought by a parent for the wrongful death of a child along either of two statutory avenues. The general wrongful death statute creates a right of action in the decedent's personal representative for the benefit of parents who may be dependent upon the deceased for support. Under the so-called "child-death" statute, an action may be maintained directly by a parent. No requirement of dependency obtains where the deceased was a minor.
Regulation Of Treaty Indian Fishing, Anon
Regulation Of Treaty Indian Fishing, Anon
Washington Law Review
On December 26, 1854, the Treaty of Medicine Creek was concluded between the United States and nine western Washington Indian tribes. The Indians ceded to the United States all rights in a large portion of their tribal lands, but reserved the "right of taking fish, at all usual and accustomed grounds and stations ... in common with all citizens of the Territory." Whatever the representatives of the United States or the Indian chiefs meant by this clause has been lost in antiquity. It is certain that they could not have foreseen the acrimony or the legal battles that it would …
Wrongful Death Of A Minor Child: The Changing Parental Injury, Anon
Wrongful Death Of A Minor Child: The Changing Parental Injury, Anon
Washington Law Review
In Washington, an action may be brought by a parent for the wrongful death of a child along either of two statutory avenues. The general wrongful death statute creates a right of action in the decedent's personal representative for the benefit of parents who may be dependent upon the deceased for support. Under the so-called "child-death" statute, an action may be maintained directly by a parent. No requirement of dependency obtains where the deceased was a minor.
Criminal Insanity, Arval A. Morris
Criminal Insanity, Arval A. Morris
Washington Law Review
Mental capacity becomes relevant to the criminal law as soon as a peace officer apprehends a person who has committed an anti-social act. Policemen, and later prosecutors, must decide whether the offender is "well" (sane), responsible for his acts, and the proper subject of criminal proceedings or whether he is "sick" (insane), not responsible for his acts, and the proper subject of civil commitment or similar process. These are threshhold questions in criminal law enforcement. If criminal processes are used, then the trial stage presents twin questions: whether an accused is capable of standing trial, and whether he was insane …
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman
Washington Law Review
Professor Trautman discusses Washington's new "most significant relationship" approach to conflict of laws by examining the recent cases of Baffin and Goble in relation to traditional approaches and the Restatement (Second). Because the cases mark the beginning of an evolutionary process in Washington, the author emphasizes the need to explore, find, and articulate the relevant factors to be considered in applying the "most significant relationship" test. Professor Trautman gives the Washington court and bar some useful beginning points for the case-by-case development of new and better conflict of laws rules.