Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (202)
- Torts (183)
- Criminal Procedure (160)
- Property Law and Real Estate (154)
- Labor and Employment Law (152)
-
- Civil Procedure (144)
- Family Law (134)
- Legal Profession (113)
- Intellectual Property Law (101)
- Criminal Law (98)
- State and Local Government Law (98)
- Comparative and Foreign Law (95)
- Civil Rights and Discrimination (90)
- Contracts (90)
- Estates and Trusts (90)
- Indigenous, Indian, and Aboriginal Law (89)
- Administrative Law (88)
- Business Organizations Law (88)
- Commercial Law (85)
- Courts (85)
- Environmental Law (82)
- Evidence (78)
- Natural Resources Law (70)
- First Amendment (67)
- Litigation (67)
- Water Law (65)
- Taxation-Federal (62)
- International Law (58)
- Jurisdiction (56)
- Keyword
-
- Community property (25)
- Washington (12)
- First Amendment (10)
- Privacy (10)
- Copyright (9)
-
- Uniform Commercial Code (9)
- Contracts (7)
- Criminal law (7)
- Restatement of the Law of Contracts (7)
- Constitutional Law (6)
- Fourth Amendment (6)
- Incarceration (6)
- Privileged communications (6)
- Property (6)
- Search and seizure (6)
- Washington State (6)
- COVID-19 (5)
- Choice of law (5)
- Due process (5)
- Eighth Amendment (5)
- Environmental Law (5)
- Equal Protection (5)
- Estate planning (5)
- Federal Rules of Civil Procedure (5)
- Federal Tort Claims Act (5)
- Federal Trade Commission (5)
- Law Enforcement (5)
- Litigation (5)
- Patent law (5)
- Public trust doctrine (5)
Articles 2101 - 2130 of 3365
Full-Text Articles in Law
Law And Psychology In Conflict, By James Marshall (1966), Arval A. Morris
Law And Psychology In Conflict, By James Marshall (1966), Arval A. Morris
Washington Law Review
No abstract provided.
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Washington Law Review
No abstract provided.
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 …
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
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 …
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 …
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, …
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
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" …
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: …
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
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 …
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Legal Restraints On Racial Discrimination In Employment, By Michael I. Sovern (1966), F. Ray Marshall
Washington Law Review
No abstract provided.
Law And Psychology In Conflict, By James Marshall (1966), Arval A. Morris
Law And Psychology In Conflict, By James Marshall (1966), Arval A. Morris
Washington Law Review
No abstract provided.
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 …
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.
Community Antenna Television—A Copyright Infringer, Anon
Community Antenna Television—A Copyright Infringer, Anon
Washington Law Review
Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …
Constitutionality Of The Voting Provisions In The Seventeenth Amendment To The Washington Constitution, Anon
Washington Law Review
The seventeenth amendment to the state constitution provides Washington with one of the most restrictive property tax systems in the nation. Under its provisions the aggregate of tax levies upon real and personal property in any given taxing district may not exceed forty mills on the dollar of assessed valuation in any one year. Moreover, the forty mill limit may be exceeded only when three fifths of the electors voting authorize an excess levy. The amendment further provides that the election is not valid unless the number of persons voting constitutes not less than forty per cent of the total …
Risk Of Loss In Japanese Sales Transactions, Hisashi Tanikawa
Risk Of Loss In Japanese Sales Transactions, Hisashi Tanikawa
Washington Law Review
The problems of risk of loss are defined somewhat more broadly in Japan than in the United States. The American lawyer looks at risk of loss as the problem of determining who shall bear the financial burden when some physical object is damaged or destroyed. While making this determination is also a risk of loss problem in Japan, the Japanese lawyer characterizes additional problems as being within the scope of risk of loss. In Japan risk of loss is an inherent problem in all bilateral contracts, not merely contracts involving the transfer of goods. This is because the common law …
Extension Of The Sullivan Rule To Non-Official Public Figures, Anon
Extension Of The Sullivan Rule To Non-Official Public Figures, Anon
Washington Law Review
On two separate occasions, Dr. Linus Pauling sued news services for libel. In one case, involving a magazine which had identified Dr. Pauling as a communist without proof of the accusation, his libel action was dismissed by a New York court. In the second case, an editorial in defendant's newspaper falsely reported that Dr. Pauling had been cited for contempt of Congress. He had failed to comply with a congressional demand for a list of associates who had aided him in circulating a petition against nuclear testing, but was never actually cited for contempt. A federal district court's verdict for …
Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon
Ftc Preliminary Relief Powers Under Section 7 Of The Clayton Act, Anon
Washington Law Review
Respondents Dean Foods Company and Bowman Dairy Company, substantial competitors in the sale of packaged milk, planned to merge. Dean was to purchase substantially all of Bowman's assets and Bowman was to cease doing business. The Federal Trade Commission, after issuing a formal complaint under section 7 of the Clayton Act and section 5 of the Federal Trade Commission Act, applied to the Seventh Circuit Court of Appeals for a preliminary injunction to maintain the status quo until the Commission could hold hearings to determine the legality of the merger. Dismissal of the Commission's petition was appealed to the Supreme …
Imputed Contributory Negligence, Anon
Imputed Contributory Negligence, Anon
Washington Law Review
A master, riding as passenger in a vehicle operated by his servant within the scope of employment, sustained personal injuries and property damage when the vehicle collided with one negligently operated by an employee of defendant corporation. In the master's suit to recover from defendant corporation, his servant was found contributorily negligent. The trial court ruled that this contributory negligence was imputed to the master, as a matter of law, to bar recovery on his negligence claim. On appeal, the Minnesota Supreme Court reversed. Held: The rule that contributory negligence of a servant acting within the scope of his employment …
Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson
Introduction—U.S./Japanese Trade: Its Scope And Legal Framework, Dan Fenno Henderson
Washington Law Review
For the past several years, the United States has had more trade with Japan than with any other country in the world, except Canada. Furthermore, the state of Washington has had the highest per capita exports to Japan of any of the states, due largely to wheat, logs, and jet aircraft. Besides its obvious benefits, growing trade interdependence has caused its own frictions which have, in turn, required intervention by the American and Japanese governments. This has produced treaties as well as national legal regulation in both Japan and the United States to supplement the private law of sales. Something …
Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones
Problems Of Performance Of Sales Contracts Under Japanese And American Law, Katsuro Kanzaki, William C. Jones
Washington Law Review
This article will discuss the problem of performance of contracts for the sale of goods (personal property) under American and Japanese law. The discussion of American law will be limited almost entirely to the Uniform Commercial Code. Excluded from this discussion are risk of loss, impossibility and frustration, and products liability; these topics are treated elsewhere in this symposium.
Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway
Products Liability In Sales Transactions, Satoshi Niibori, Richard Cosway
Washington Law Review
Products liability involves the vulnerability of a supplier of goods in a sales transaction to compensate for defects in the goods and for harm or injury resulting from those defects. The discussion of Japanese law which follows deals with the liability of manufacturers. It does not extend to liability of wholesalers and retailers, since there is no Japanese case authority in point. In the United States, manufacturer's liability is involved in many of the cases and in much of the literature, but there is a vast amount of additional authority involving the liability of wholesalers and retailers. Because some of …
Lottery Approach To Promotional Schemes, Anon
Lottery Approach To Promotional Schemes, Anon
Washington Law Review
Plaintiff, assignee of a conditional sales contract for the purchase of a home fire alarm system, sued defendant-purchaser upon default. The assignor-seller had obtained the contract using a referral sales scheme as an inducement, and plaintiff knew of the scheme at the time of assignment. The scheme included a Representative's Commission Agreement in which seller promised to pay purchaser one hundred dollars for each sale made to purchaser's sixty referrals. In addition, seller promised five Bonus Presentation Guarantees of 200 dollars, each payable when seller had contacted fifteen of purchaser's referrals. Seller represented that the referral plan would pay for …
Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke
Impossibility And Frustration In Sales Contracts, Kiyoshi Igarashi, Luvern V. Rieke
Washington Law Review
Legal principles governing sales under Japanese law, a civil rather than common law system, are at some significant points different from the law of the United States. The treatment accorded problems in the two countries involving "impossibility" of performance and "frustration of purpose" present good examples of the differences. Indeed the latter doctrine, "frustration" in the sense of the well-known Coronation cases, may not have a genuine counterpart in the law of Japan. Historically the differentiation between impossibility and frustration has been difficult enough in the common law, as casual reading of the examples used by Judge Williams in Krell …
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Disclaimers Of Warranty, Limitation Of Liability, And Liquidation Of Damages In Sales Transactions, Teisuke Akamatsu, George H. Bonneville
Washington Law Review
This article will set forth and compare the domestic law of the United States and Japan, in the narrow field of law defined in the title. Many American lawyers may feel that these subjects do not deserve equal dignity with the preceding article on products liability. They are probably right, since no amount of care or study in drafting disclaimers and limitations will protect against suit for personal injuries suffered, say, by a stevedore who steps through a hollow spot in a wrapped bundle of household doors. Moreover, this topic obviously covers only a small part of the general subject …
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
Formation Of Contracts For The Sale Of Goods, Calvin W. Corman
Washington Law Review
All advanced legal systems, and all bodies concerned with governing international trade transactions, are today struggling with the problems connected with the need to develop acceptable legal rules for contract formation, particularly involving the sale of goods. This article will set forth some of the problems that are inherent in contract formation, and will describe and compare some of the solutions offered (1) by the civil law systems, especially as seen in Japan, Germany, and France; (2) by the common law systems, especially as expressed both in the developing Second Restatement of Contracts and in the Uniform Commercial Code Article …