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Articles 2071 - 2100 of 3365
Full-Text Articles in Law
The Integrity Of The Printed Judicial Decision, Charles E. Corker
The Integrity Of The Printed Judicial Decision, Charles E. Corker
Washington Law Review
Marsden v. Patane, 369 F.2d 439 (5th Cir. 1966) (2-1 decision), was decided December 13, 1966, and printed by West Publishing Company in advance sheet 369 F.2d No. 2, dated February 6, 1967. The court reversed summary judgment for plaintiff in a wrongful death action on the ground that under applicable Florida law running a stop sign is only prima facie evidence of negligence, and therefore should be considered by the jury along with evidence (1) of defendant's unfamiliarity with the area of the accident, (2) that a vehicle in front of the defendant has misled defendant by failing to …
Income Tax Allocations And Dividends Under The Model Business Corporation Act, Michael D. O'Keefe
Income Tax Allocations And Dividends Under The Model Business Corporation Act, Michael D. O'Keefe
Washington Law Review
Modern dividend statutes, as exemplified by the Model Business Corporation Act, have incorporated many accounting terms. For aid in the complex process of construing such statutes, the courts and commentators have turned to generally accepted accounting principles. Although accounting principles may be helpful in statutory interpretation, they are not determinative. The accounting attitude toward a transaction must still be correlated with the dividend policies inherent in the statute.
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Washington Law Review
Plaintiff, a clerk-typist, sitting at her desk, was injured in the arm by a falling windowpane. She commenced a personal injury action against her employer and the owners and managers of the building in which she was injured. During pre-trial deposition, the plaintiff's attorney objected to the questioning of the plaintiff's physician on grounds of the physician-patient privilege. Deposition was adjourned. On defendant's application to the court on the motion calendar the judge ordered the doctor to answer questions about plaintiff's medical history in regard to suspected similar arm injuries. Commencement of the personal injury action waived her physician-patient privilege. …
Financial Peacekeeping From Imf And Ibrd Income, Samuel A. Bletcher
Financial Peacekeeping From Imf And Ibrd Income, Samuel A. Bletcher
Washington Law Review
Professor Bleicher asserts that the present method of financing United Nations peacekeeping operations through annual contributions by Members is unsatisfactory. Not only can it cause a financial crisis when certain Members refuse to pay, but also it may impair the United Nations peacekeeping function. After exploring several alternatives for providing stable income for peacekeeping operations, Professor Bleicher concludes that portions of the substantial net income of the International Monetary Fund and the Bank for Reconstruction and Development should be transferred to a United Nations peacekeeping fund. He then analyzes the various methods of achieving the transfers and suggests that the …
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
Washington Law Review
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Washington Law Review
Plaintiff, operating a dragline while improving the channel of a small creek, struck and detonated a natural gas pipeline which was shown on Government site plans to be located outside the work area. Plaintiff sued the United States under the Federal Tort Claims Act to recover for his personal injuries. Defendant moved to dismiss for failure to state a claim upon which relief could be granted, contending that the case was bottomed on misrepresentation and therefore excluded from the Federal Tort Claims Act, 28 U.S.C. section 2680(h). The United States District Court for the Northern District of Mississippi granted Defendant's …
Reflections On Apartheid After The South West Africa Cases, Julius Stone
Reflections On Apartheid After The South West Africa Cases, Julius Stone
Washington Law Review
South Africa was given the mandate over South West Africa by the Covenant of the League of Nations. While individual members of the League had no role in the administrative process of the mandate, it contained provisions protecting the interests of third party States, and article 7 of the mandate gave jurisdiction to the International Court of Justice over "disputes" between any member of the League and the mandatory power in relation to the mandate. The mandate and its obligations were continued after the formation of the United Nations but frequent disputes in that body left doubt upon the U.N.'s …
Prolonging Life, George P. Fletcher
Prolonging Life, George P. Fletcher
Washington Law Review
A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …
Financial Peacekeeping From Imf And Ibrd Income, Samuel A. Bletcher
Financial Peacekeeping From Imf And Ibrd Income, Samuel A. Bletcher
Washington Law Review
Professor Bleicher asserts that the present method of financing United Nations peacekeeping operations through annual contributions by Members is unsatisfactory. Not only can it cause a financial crisis when certain Members refuse to pay, but also it may impair the United Nations peacekeeping function. After exploring several alternatives for providing stable income for peacekeeping operations, Professor Bleicher concludes that portions of the substantial net income of the International Monetary Fund and the Bank for Reconstruction and Development should be transferred to a United Nations peacekeeping fund. He then analyzes the various methods of achieving the transfers and suggests that the …
Reflections On Apartheid After The South West Africa Cases, Julius Stone
Reflections On Apartheid After The South West Africa Cases, Julius Stone
Washington Law Review
South Africa was given the mandate over South West Africa by the Covenant of the League of Nations. While individual members of the League had no role in the administrative process of the mandate, it contained provisions protecting the interests of third party States, and article 7 of the mandate gave jurisdiction to the International Court of Justice over "disputes" between any member of the League and the mandatory power in relation to the mandate. The mandate and its obligations were continued after the formation of the United Nations but frequent disputes in that body left doubt upon the U.N.'s …
Income Tax Allocations And Dividends Under The Model Business Corporation Act, Michael D. O'Keefe
Income Tax Allocations And Dividends Under The Model Business Corporation Act, Michael D. O'Keefe
Washington Law Review
Modern dividend statutes, as exemplified by the Model Business Corporation Act, have incorporated many accounting terms. For aid in the complex process of construing such statutes, the courts and commentators have turned to generally accepted accounting principles. Although accounting principles may be helpful in statutory interpretation, they are not determinative. The accounting attitude toward a transaction must still be correlated with the dividend policies inherent in the statute.
The Integrity Of The Printed Judicial Decision, Charles E. Corker
The Integrity Of The Printed Judicial Decision, Charles E. Corker
Washington Law Review
Marsden v. Patane, 369 F.2d 439 (5th Cir. 1966) (2-1 decision), was decided December 13, 1966, and printed by West Publishing Company in advance sheet 369 F.2d No. 2, dated February 6, 1967. The court reversed summary judgment for plaintiff in a wrongful death action on the ground that under applicable Florida law running a stop sign is only prima facie evidence of negligence, and therefore should be considered by the jury along with evidence (1) of defendant's unfamiliarity with the area of the accident, (2) that a vehicle in front of the defendant has misled defendant by failing to …
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Physical Injury And The Misrepresentation Exception Of The Federal Tort Claim Act § 2680(H), Anon
Washington Law Review
Plaintiff, operating a dragline while improving the channel of a small creek, struck and detonated a natural gas pipeline which was shown on Government site plans to be located outside the work area. Plaintiff sued the United States under the Federal Tort Claims Act to recover for his personal injuries. Defendant moved to dismiss for failure to state a claim upon which relief could be granted, contending that the case was bottomed on misrepresentation and therefore excluded from the Federal Tort Claims Act, 28 U.S.C. section 2680(h). The United States District Court for the Northern District of Mississippi granted Defendant's …
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
The 10(J) Labor Injunction: An Exercise In Statutory Construction, Anon
Washington Law Review
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board in certain unfair labor practice cases to seek in a federal district court "appropriate temporary relief or restraining order," and empowers the court "to grant to the Board such temporary relief or restraining order as it deems just and proper."' Although this section has been the law since 1947, only recently has it been used enough to merit serious consideration in most unfair labor practice litigation. The standards which guide issuance of injunctions under section 10(j) have never been clear, and the Board's policy of increased …
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Accelerated Waiver Of The Physician-Patient Privilege, Anon
Washington Law Review
Plaintiff, a clerk-typist, sitting at her desk, was injured in the arm by a falling windowpane. She commenced a personal injury action against her employer and the owners and managers of the building in which she was injured. During pre-trial deposition, the plaintiff's attorney objected to the questioning of the plaintiff's physician on grounds of the physician-patient privilege. Deposition was adjourned. On defendant's application to the court on the motion calendar the judge ordered the doctor to answer questions about plaintiff's medical history in regard to suspected similar arm injuries. Commencement of the personal injury action waived her physician-patient privilege. …
Triumph Or Tragedy? The Bankruptcy Act Amendments Of 1966, Harold Marsh, Jr.
Triumph Or Tragedy? The Bankruptcy Act Amendments Of 1966, Harold Marsh, Jr.
Washington Law Review
Professor Marsh analyzes in detail the 1966 amendments to the Bankruptcy Act. Addressing the question whether these amendments have accomplished anything, he concludes that they have done little but complicate an already intolerably complicated statute. Although he points out many drafting failures, he particularly condemns the failure of Congress to ask or answer the underlying questions of policy—whether tax liens and state statutory liens should be given priority. Professor Marsh concludes that whatever good the amendments may do "is not worth the mess they have made."
Liquidations And Reincorporations—Before And After Davant, Roland L. Hjorth
Liquidations And Reincorporations—Before And After Davant, Roland L. Hjorth
Washington Law Review
Liquidations and reincorporations have been utilized in attempts to bail out corporate earnings and profits at capital gains rates. The success of these attempts has been limited by judicial extension of the corporate reorganization sections of the Internal Revenue Code. Professor Hjorth suggests that specific Congressional amendment of section 331 to encompass the liquidation reincorporation problem is preferable to extension of the reorganization provisions which occurred in the recent case of Davant v. Commissioner.
Enforcement Of Legislation Prohibiting Sales Below Cost In Washington, Eldon H. Reiley
Enforcement Of Legislation Prohibiting Sales Below Cost In Washington, Eldon H. Reiley
Washington Law Review
Mr. Reiley analyzes Washington's complex Unfair Practices Act from the strengths and weaknesses of the defendant's position by tracing the various requirements and defenses of the act under two recent Washington Supreme Court decisions. To facilitate effective enforcement he offers specific suggestions for future interpretation of the act. Mr. Reiley especially urges that the intent to injure requirement be interpreted to require nothing more than proof of injury to a competitor and that the meeting competition defense be limited to require a seller to have actual knowledge of his competitor's current prices and their legality
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Felony Information: Due Process And Preliminary Hearing On Probable Cause, Anon
Washington Law Review
Defendants were charged with manslaughter by an information filed directly in superior court. They made timely motion to dismiss, contending that the information was defective because not found before a grand jury, or alternatively that due process required a determination before either a grand jury or a committing magistrate that probable cause existed to hold the defendants for trial. The motion was granted. On appeal, the Washington Supreme Court reversed. Held: Due process does not require persons charged with an infamous crime to be indicted by a grand jury or afforded a preliminary hearing on the issue of probable cause, …
Compensation For Highway Easements Over School Trust Lands, Anon
Compensation For Highway Easements Over School Trust Lands, Anon
Washington Law Review
The western territories of the United States were admitted to statehood by congressional enabling acts which specified that four sections of every township be held in trust by the respective states for support of public schools. Each of these enabling acts contains similar procedures for disposition of the trust lands and requires that the resulting revenues be held in trust subject to the same restrictions that apply to the land. Trust lands comprise a large area in each of the western states. Prior to the principal case the state courts were divided on the proper procedures for acquisition and compensation …
Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon
Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon
Washington Law Review
Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …
Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon
Railroad Secondary Boycotts: Railway Labor Act Versus Norris-Laguardia, Anon
Washington Law Review
Defendant union struck the Florida East Coast Railroad in a dispute over work rules, and began picketing plaintiff railroad terminal company which serviced the Florida East Coast and other railroads. Defendant's picketing was designed to stop plaintiff from servicing trains of the struck railroad which were being operated by replacement crews. The district court, holding the Norris-LaGuardia Act inapplicable, enjoined the picketing on the theory that it interfered with obligations owed by plaintiff terminal company to the railroad arising from an agreement, a previous injunction, and the Interstate Commerce Act. On appeal, the Fifth Circuit Court of Appeals reversed. Held: …
Meeting Competition Exception To Sales Below Cost Prohibition, Anon
Meeting Competition Exception To Sales Below Cost Prohibition, Anon
Washington Law Review
On August 14, 1963, defendant's officials determined that they would advertise and sell fryer chickens at twenty-nine cents per pound during the upcoming Labor Day weekend. Defendant's invoice cost was thirty and one half cents per pound. Competing stores had sold at twenty-nine cents on July 24, August 14 and August 16. Before it established the Labor Day weekend selling price, defendant made no investigation to determine the legality of its competitors' prices, but assumed their twenty-nine cent prices were legal because no action had been brought to enjoin or prosecute competitors. The state brought action to enjoin defendant's sales …
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Modification Of Irrevocable Inter Vivos Trusts With Remainder Interest In Settlors' Heirs, Anon
Washington Law Review
Plaintiff executed a spendthrift trust reserving to herself an income interest for life. Upon her death corpus was to be paid over as she appointed by will, or in default of appointment to "such of her next of kin... as by the law in force in the District of Columbia at the death of the... [settlor] shall be provided for in the distribution of an intestate's personal property therein." The trust by its terms was irrevocable, and there was no reserved power to alter, amend, or modify. Settlor sought modification of the trust, invoking the doctrine of worthier title in …
The Capital Nature Of Educational Expenses, Anon
The Capital Nature Of Educational Expenses, Anon
Washington Law Review
Taxpayer, a practicing psychiatrist and part-time teacher of psychiatry, undertook a six year training program in psychoanalysis at the Boston Psychoanalytic Institute. In 1961, he deducted $3,650 paid in fees to the Institute as a business expense under section 162 of the Internal Revenue Code. Although taxpayer contended that the expenses were incurred primarily to maintain or improve skills required in his profession, the Commissioner disallowed the deduction. A sharply divided Tax Court upheld the disallowance, relying on two prior cases holding that when a psychiatrist undertakes training in psychoanalysis, he manifests an intent to acquire a specialty, not to …
Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon
Water Resources Planning Act Of 1965—An Experiment In Creative Federalism, Anon
Washington Law Review
The concept of "creative federalism"' is as elusive as it is new. As a descriptive term, "creative federalism" describes not what federalstate relations presently are but what they ought to be. In order to appreciate the concept it is necessary to understand the argument that governmental activities no longer revolve around a politics of issues but rather now center in a politics of problem-solving. The question no longer is: Is it to be done? Rather the inquiry is: How is it to be done? Creative federalism recognizes the need of asking state and local governments the "how to do it" …
Triumph Or Tragedy? The Bankruptcy Act Amendments Of 1966, Harold Marsh, Jr.
Triumph Or Tragedy? The Bankruptcy Act Amendments Of 1966, Harold Marsh, Jr.
Washington Law Review
Professor Marsh analyzes in detail the 1966 amendments to the Bankruptcy Act. Addressing the question whether these amendments have accomplished anything, he concludes that they have done little but complicate an already intolerably complicated statute. Although he points out many drafting failures, he particularly condemns the failure of Congress to ask or answer the underlying questions of policy—whether tax liens and state statutory liens should be given priority. Professor Marsh concludes that whatever good the amendments may do "is not worth the mess they have made."
Liquidations And Reincorporations—Before And After Davant, Roland L. Hjorth
Liquidations And Reincorporations—Before And After Davant, Roland L. Hjorth
Washington Law Review
Liquidations and reincorporations have been utilized in attempts to bail out corporate earnings and profits at capital gains rates. The success of these attempts has been limited by judicial extension of the corporate reorganization sections of the Internal Revenue Code. Professor Hjorth suggests that specific Congressional amendment of section 331 to encompass the liquidation reincorporation problem is preferable to extension of the reorganization provisions which occurred in the recent case of Davant v. Commissioner.
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Motions Testing The Sufficiency Of Evidence, Philip A. Trautman
Washington Law Review
Professor Trautman, long a student of Washington's adjective law, analyzes and compares the various motions a Washington attorney may invoke to challenge the sufficiency of an opponent's evidence during and after trial. In comparing the motion for new trial on evidentiary grounds and the motion for judgment n.o.v., he notes and deplores the recent decisions which have made the tests for the two motions identical. Prior to this change, the trial judge could weigh all the evidence and in his discretion grant a new trial if the evidence preponderated against the jury's verdict. Today, he may only determine whether, as …