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Articles 2161 - 2190 of 3365
Full-Text Articles in Law
Jury Selection—Key-Man System Eliminated, Anon
Jury Selection—Key-Man System Eliminated, Anon
Washington Law Review
Defendant was indicted by a federal grand jury for perjury. The jury commissioner solicited names of prospective jurors from various "key-men," community leaders who had been instructed in the qualifications which the jury commissioner felt prospective jurors should have. On appeal the Court of Appeals for the Fifth Circuit dismissed the indictment. Held: Key-man jury selection violates the standards for jury selection prescribed by the Civil Rights Act of 1957. Rabinowitz v. United States, 366 F.2d 34 (5th Cir. 1966).
Visitor Responding To Public Invitation Classified As Invitee, Anon
Visitor Responding To Public Invitation Classified As Invitee, Anon
Washington Law Review
Defendant savings and loan association invited local community groups to use, without charge, a room and adjoining kitchen facilities on its premises for meetings. Plaintiff was injured on defendant's premises while walking to a meeting of her organization scheduled for this room. Plaintiff sued for damages; defendant's motion to dismiss was granted. On appeal, the Washington Supreme Court reversed the order of dismissal and remanded. Held: When the public is invited to use premises under circumstances implying an assurance of reasonable care, any visitor responding to that invitation is an "invitee" owed an affirmative duty of reasonable care by the …
"Public Purpose" In Municipal Financing Plans, Anon
"Public Purpose" In Municipal Financing Plans, Anon
Washington Law Review
The City Commission of Deerfield Beach authorized issuance of municipal bonds pledged by certain excise taxes to purchase land on which a major league baseball training facility was to be built and maintained by the city. The facility was to be leased to and operated by a private corporation. Rental, payable to the city, was to be the annual debt service on the bonds plus fifty per cent of net profits in excess of prior years' losses. Validation of the proposed issuance was decreed by the circuit court. On a taxpayer's appeal, the Florida Supreme Court, in a four to …
Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon
Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon
Washington Law Review
The California Legislature did not attempt to prevent property owners from selecting buyers or tenants on the basis of racial considerations until 1959. Then, by enacting the Hawkins Act and the Unruh Civil Rights Act, the legislature chose to regulate racial discrimination in all business establishments including those involving the selling or renting of residential property and in all publicly assisted housing. Three years later, by enacting the Rumford Fair Housing Act, the legislature extended the regulation of discriminatory conduct to owners of most, but not all, residential property. Plaintiffs alleged that, contrary to the express provisions of the Unruh …
Deceptive Advertising And Inconsistent Guarantees, Anon
Deceptive Advertising And Inconsistent Guarantees, Anon
Washington Law Review
Respondent, a national retailer of general merchandise, inserted in guarantee certificates accompanying some of its products conditions and limitations not disclosed in guarantees contained in newspaper advertisements. The Federal Trade Commission charged respondent with a violation of section 5 of the Federal Trade Commission Act for making false and misleading representations. Respondent asserted that whenever a customer made a claim guarantees were honored as advertised without regard to conditions and limitations contained in the certificates. On appeal to the Commission, the hearing examiner's initial decision dismissing the complaint was reversed, and a final order to cease and desist was issued. …
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
Washington Law Review
This flamboyant bit of hokum is aimed to gratify those who, with Carl Sandburg, can hear "the hearse-horse snicker hauling a lawyer away." The author, billed as "America's best-known professional estate planner," presents himself as the friend in need and indeed of all who would insure to their posterity the goods of the earth. With righteous wrath, and in accents reminiscent of Billy Sunday (perhaps with a trace of P. T. Barnum), Dacey promises the means of delivery from the curse of "probate"—which he depicts as a sort of war of all against all, in which testator and beneficiary alike …
Judicial Control Of Administrative Action, By Louis L. Jaffe (1965), Cornelius J. Peck
Judicial Control Of Administrative Action, By Louis L. Jaffe (1965), Cornelius J. Peck
Washington Law Review
A book with the depth and scope of Professor Jaffe's recently published work on judicial control of administrative action is not an easy one to review. While one is tempted to write a parallel work of commentary and criticism, such a task is beyond the scope of a review; anything less, however, seems light and superficial when put beside the work commented upon. Nevertheless, the following is offered for interested readers. Professor Jaffe's book was not written in the tradition of legal treatises which present a detailed, systematic, and tightly organized treatment of a subject. On the contrary, though he …
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Washington Law Review
It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …
Obscenity: Some Problems Of Values And The Use Of Experts, John P. Frank
Obscenity: Some Problems Of Values And The Use Of Experts, John P. Frank
Washington Law Review
John P. Frank advances the view that for trial convenience, the complainant should be required to make his prima facie case of obscenity, with the literary merit of the work as an independent affirmative defense. He applauds the recent development by the Supreme Court of the "pandering test" as an element of obscenity, but supports the view of Justices Clark and White that the question of "redeeming social value" should merge in the analysis of the dominant theme of the material—or, he suggests instead, should be an affirmative defense. He considers the functions of experts in obscenity cases, reporting the …
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
Washington Law Review
In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
Washington Law Review
Professor Hallgring presents a detailed analysis of the proposed Uniform Trustees' Powers Act's impact on the fiduciary duties of loyalty, care, and non-delegation of discretionary powers. He emphasizes serious downgrading of fiduciary responsibility implicit in several provisions of the proposed act, particularly in the modern context of the large corporate fiduciary. Professor Hallgring concludes that, although many provisions of the act have merit, it does not sufficiently protect the beneficiary as presently drafted. He suggests, however, that amendments strengthening the standards of fiduciary responsibility could be incorporated into the act without destroying the benefits sought by its framers.
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Washington Law Review
Drawing on experience gained in ten years of fighting California's water battle against Arizona, Professor Corker evaluates the arguments currently voiced against diversion of water from the Columbia River Basin to the Colorado River Basin. Based on his prediction that water will at some point in the future be diverted from the Columbia, he concludes that the Northwest would be well-advised to participate in formulating national water plans now, before it is too late.
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Washington Law Review
It has been said that "fortunately ... experience indicates that the practical importance of . . . [Uniform Commercial Code priority] problems is probably less than their intellectual challenge."' This may be fair warning to eager students, lawyers, and legal scholars. Such warnings, however, are seldom heeded, and pursuits of intellectual challenge are often productive. Constructive analysis of section 9-301(1) (c) and (1) (d) of the Uniform Commercial Code, insofar as they relate to "chattel paper," "accounts," and "contract rights," may prove to be most beneficial.
An Introduction To Capital Gain And Losses, Roland L. Hjorth
An Introduction To Capital Gain And Losses, Roland L. Hjorth
Washington Law Review
In this article, originally prepared for his class in federal income tax, Professor Hjorth explores the theoretical bases and working principles underlying the taxation of capital gains and losses. Beginning with a review of basic federal income tax concepts and the provisions governing computation and recognition of all gains and losses, he proceeds through a comprehensive discussion of the basic Code provisions governing capital gains and losses. Additional discussion focuses on the specialized treatment afforded quasi-capital assets, copyrights and patents, inventory, discount bonds, short sales, small business stock, and foreign corporations.
Purchase Of Note Constitutes Usurious Loan, Anon
Purchase Of Note Constitutes Usurious Loan, Anon
Washington Law Review
Defendant applied for a loan to an investment broker to whom he gave a mortgage and a promissory note payable to, and subsequently endorsed in blank by, a third party. The broker, whose name appeared on neither instrument, then sold the 6,000 dollar note at a six per cent discount to plaintiff after deducting a commission of 890 dollars. Defendant received only 4,750 dollars for his note. Plaintiff did not know that his money constituted the original consideration for the note, which bore ten per cent annual interest. After defendant's default, plaintiff brought this action to foreclose the mortgage. The …
Security Interests In Personal Property, By Grant Gilmore (1965), Warren L. Shattuck
Security Interests In Personal Property, By Grant Gilmore (1965), Warren L. Shattuck
Washington Law Review
No abstract provided.
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
Washington Law Review
No abstract provided.
The Three-Judge District Court In Contemporary Federal Jurisdiction, Anon
The Three-Judge District Court In Contemporary Federal Jurisdiction, Anon
Washington Law Review
Congress has provided that in certain cases which are otherwise properly before a federal district court, a special district court composed of three judges, one of whom must be a circuit judge, is required. Theoretically, this requirement is procedural assurance that important litigation will receive commensurate consideration in the federal district courts. One type of litigation which Congress has deemed to merit this special treatment is a suit to enjoin enforcement of a state statute or administrative order on grounds of unconstitutionality. While the three-judge statute is relatively simple in theory, it has proven quite complex in practice and has …
Exemptions For Dependents: The Burden Of Proof Dilemma For Divorced Or Separated Parents, Anon
Exemptions For Dependents: The Burden Of Proof Dilemma For Divorced Or Separated Parents, Anon
Washington Law Review
Plaintiff, divorced and living apart from his former wife who had custody of their two sons, claimed dependency exemptions for both sons in his federal income tax returns for the two years in question. The Commissioner of Internal Revenue disallowed the exemption for one son in each of the two years. In affirming the Commissioner's determination, the Tax Court held that plaintiff failed to sustain the burden of proving that his contribution was more than half the total support of the children. Though able to establish the amount of his contribution, plaintiff could not prove the amount of support from …
Disputed Uses Of Debt By Subchapter S Corporations, Anon
Disputed Uses Of Debt By Subchapter S Corporations, Anon
Washington Law Review
There has been considerable controversy over interpretation of the requirement that there be only one class of stock in a subchapter S corporation. It is a simple matter to draft instruments which conform literally with the statutory requirement. However, in certain situations, typically involving ostensible debt instruments, the Commissioner has challenged the formal designation, arguing that the facts indicate that for tax purposes there are at least two classes of stock. This Note will examine, primarily in relation to the one class requirement, the question whether for tax purposes a given instrument is to be treated as debt or stock. …
Introduction [To The Common Market: A Symposium], Richard B. Lillich
Introduction [To The Common Market: A Symposium], Richard B. Lillich
Washington Law Review
The symposium contains two parts. In the general part, Dennis Thompson, Esq., Assistant Director of the British Institute of International and Comparative Law and Editor of the Common Market Law Review, discusses in depth the history, operation and future of The Common Market: A New Legal Order. Professor Albert H. Garretson, a colleague of two Associate Reporters of the American Law Institute's Restatement of the Foreign Relations Law of the United States, uses its framework to examine The Foreign Relations Law of the Common Market. Comments on these papers are by Professor Robert A. Anthony, Director of International Legal Studies …
The Common Market: A New Legal Order, Dennis Thompson
The Common Market: A New Legal Order, Dennis Thompson
Washington Law Review
This term, the "new legal order," was first used by the Court of Justice in the First Tariff Commission case; I use the expression in its widest possible sense. This new legal order which springs from the Treaty of Rome, and which brings the citizens of the Community within the protection of the Treaty, also applies to the relations between the member states. The constitutional position of the member countries has been radically altered by the terms of the Treaty, and their relationship is no longer one which exists between fully sovereign countries. They have all—and equally—subscribed to build the …
Comments On The Common Market, Robert A. Anthony
Comments On The Common Market, Robert A. Anthony
Washington Law Review
We have before us a subject that is more economic than legal. The important questions about that subject are more political than legal. Into such realms I venture only most warily. I find interesting Dennis Thompson's portrayal of the Common Market as "the only body in Europe that really matters." His characterization is as apt as it is pithy and, indeed, pertinent for his countrymen's consideration at this moment of economic and electoral decision. And it seems to me that we should ask: why is the Economic Community the only body that "matters"? It matters, I think, because it is …
Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson
Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson
Washington Law Review
The subject of this article is a substantial one, bursting with theoretical and practical problems, but it is of course much narrower than the survey of the Communities in the spring of 1966 which Mr. Thompson presented to the conference. That survey was made in the light of the six months crisis created by the absence of the French from the work of the institutions of the Economic Community. The resistance of the French to certain central aspects of the development of the Community institutions, particularly to what they described as the developing "style" of the Commission, was set out …
Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman
Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman
Washington Law Review
It is often said that the European Communities are unique, that they cannot be fruitfully compared to other institutions, whether international or federal. Certainly, to a common law lawyer they appear to be uniquely civil law creations; their solutions to various problems appear novel to him. Despite differences in approach much is to be learned by comparing or at least contrasting the European approach with that of the common law. Professor Herzog has well illustrated some of the differences in his excellent paper on the Court of Justice.
Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon
Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon
Washington Law Review
In June 1962, plaintiff applied to the State Liquor Control Board for change of location of his tavern license. Plaintiff proposed to move his tavern business around the corner and across the street from its former location. The Board investigated the proposed move, and, after careful consideration, notified the plaintiff of the Board's approval. In reliance on this notice of approval, plaintiff spent his life's savings acquiring, remodeling, and equipping the new location. Thereafter, without a formal hearing, the Board informed the plaintiff that approval of the proposed move had been withdrawn. The plaintiff sought a writ of mandamus directed …
Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern
Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern
Washington Law Review
It has been said that man's concepts of right and wrong and of justice are realized through his legal system; or to put it another way, that the law reflects the value judgments of the society in which it operates. More often than not, two societies will reflect two quite different images. The same can be said for legal education, another of the many mirrors in which societies can see themselves. To attempt to impose the forms and standards of one on another can obviously lead only to distortion. Unfortunately, this fact is apparently not so obvious to United States …
Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon
Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon
Washington Law Review
The Seattle Municipal Code requires intermittent inspections by the fire chief of nonresidential buildings for the purpose of discovering and correcting fire hazards. Pursuant to the Code, an inspector, without a search warrant and without cause to believe that a fire hazard existed, sought entry into defendant's locked warehouse. Upon his refusal to allow entrance, defendant was tried and convicted for failing to submit to a fire inspection. On appeal, the conviction was affirmed. Held: The fourth amendment's prohibition of unreasonable search and seizure is not violated by a conviction for refusal to permit entrance into a commercial building for …
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Washington Law Review
Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …
Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb
Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb
Washington Law Review
The delicate problems of the evolving relationship between supranational, European Economic Community Treaty law and the national law of the member countries are dramatically illustrated by the decisions of national courts and the Commission of the European Economic Community in the series of cases dealing with the legitimacy of sole distributorships coterminous with national boundaries of the member countries. The operational context of the actual cases in this field not only constitutes a more dramatic setting than the abstract study of the bare provisions of the Treaty of Rome and its implementing regulations; it also effectively brings to light a …