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Articles 2221 - 2250 of 3365
Full-Text Articles in Law
Taxation Of Corporate Stock Received By Sole Shareholders Upon Cancellation Of Salary Obligations, Anon
Taxation Of Corporate Stock Received By Sole Shareholders Upon Cancellation Of Salary Obligations, Anon
Washington Law Review
Randall and Fender, sole and equal shareholders of Fender Sales, Inc., twice cancelled equal salary debts owned to them by their corporation. As part of these transactions, the corporation issued $100 par value common stock for each $100 of salary debt owed. Neither the corporation, which had previously deducted the salary liabilities as expenses for federal income tax purposes, nor the individuals, who were cash basis taxpayers, reported any income as a result of these transactions. The Commissioner of Internal Revenue determined that the receipt of stock constituted taxable salary income to the individuals or, alternatively, that the cancellation resulted …
Discretionary Functions—The Planning-Operational Dichotomy Revisited, Anon
Discretionary Functions—The Planning-Operational Dichotomy Revisited, Anon
Washington Law Review
Federal officials, supervising a high-priority contract to dredge and improve a navigable river, approved a decision to deposit dredged spoil on a vacant lot situated near plaintiff's building. An exhaustive search by a naval officer revealed no other feasible land site immediately available. Wind carried gases emanating from the spoil to plaintiff's buildings, allegedly reacting upon the exterior surfaces to cause severe damage. Plaintiff brought an action under the Federal Tort Claims Act against the United States and its contractor, alleging negligence in the decision to place the spoil on the land, rather than dump it at sea, and in …
Uniform Trustees' Powers Act, Charles Horowitz
Uniform Trustees' Powers Act, Charles Horowitz
Washington Law Review
In August 1964 the Uniform Law Commnission adopted the Uniform Trustees' Powers Act in response to a long felt need for legislative reform in the area of trustees' powers. The new act applies the "prudent man" concept to the entire field of trustees' powers, an approach proposed by Professor William F. Fratcher in an article published in 1962 entitled Trustees' Powers Legislation. Charles Horowitz, Esq., Chairman of the Uniform Law Commission's Special Committee which was responsible for drafting the new act, discusses the basic approach of the act and the changes the act will effect in the traditional law of …
Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher
Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher
Washington Law Review
Professor Fletcher's discussion of the history and philosophy of the non-intervention executorship under the Washington statute is segmented into four parts. The first three extensively inquire into the philosophy and forces which have shaped the present contours of this unusual procedure. During this era the court in construing the statutory basis for the procedure and the legislature in amending it have treated the nonintervention executorship in some respects as part of the regular probate procedure and in others as wholly separate, quite without unifying rationale. Further, the court has developed a concept of jurisdictional immunity of questionable value. In the …
Our Burden Of Burdens, Lloyd L. Wiehl
Our Burden Of Burdens, Lloyd L. Wiehl
Washington Law Review
Judge Lloyd L. Wiehl critically examines the different standards utiliced by the Washington Supreme Court to measure and describe the burden of proof in civil cases. He concludes that the present formulas should be converted into standards based on the probability theory.
Service Of Summons Upon Foreign Governments Through Their Diplomatic Representatives, Anon
Service Of Summons Upon Foreign Governments Through Their Diplomatic Representatives, Anon
Washington Law Review
Plaintiff steamship line, a Greek corporation, filed a libel in personam in Federal District Court for the District of Columbia against the Republic of Tunisia for unpaid demurrage allegedly accrued on plaintiff's ship while it was in Tunisian waters. Summons was issued to the Tunisian government, to be served upon its agent, the Tunisian Ambassador to the United States. Although no evidence established that the Ambassador had personally declined service, defendant United States Marshal returned the summons unexecuted, with the explanation that "the within named principal agent, having Diplomatic Immunity, and being listed on the Diplomatic List of the State …
The Trust Deed Act In Washington, John A. Gose
The Trust Deed Act In Washington, John A. Gose
Washington Law Review
By enacting the Deed of Trust Act, the author suggests Washington has taken one step away from its archaic real property security procedures. He explains the mechanics of trust deed financing and how to best utilize the trust deed. In addition, he points out certain technicalities and pitfalls inherent in the Deed of Trust Act and suggests amendments still needed to fully implement trust deed financing.
Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon
Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon
Washington Law Review
In two separate instances adult Jehovah's Witnesses were admitted to hospitals with severe internal bleeding. Doctors in each instance determined that blood transfusions were required to save the patient's life. Each patient refused to consent to transfusions because of his religious beliefs. In one case the patient, who had no minor children, was pronounced incompetent, a conservator to consent to transfusion was appointed by the court, and the transfusion was administered. On appeal, the Illinois Supreme Court reversed. Held: An adult who has no minor children cannot be compelled to take lifesaving blood transfusions against his religious objection. In re …
Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon
Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon
Washington Law Review
After being involved in a fatal automobile collision, defendant was charged by information, in a court of limited jurisdiction, with the misdemeanor of reckless driving. Trial by a three judge panel resulted in acquittal. Subsequently, an indictment was returned by county grand jury charging defendant with vehicular homicide, a felony requiring proof of driving in a "reckless or culpably negligent manner, whereby a human being is killed." Defendant contended that the prosecution for vehicular homicide would subject him to double jeopardy. The Appellate Division of the New York Supreme Court granted an order prohibiting the trial, agreeing that it would …
Loss Carryovers Under The 1954 Code: Rejection Of The Libson Shops Doctrine, Anon
Loss Carryovers Under The 1954 Code: Rejection Of The Libson Shops Doctrine, Anon
Washington Law Review
Taxpayer corporation, which had sustained losses in the hardware business, entered into an agreement with two partners engaged in real estate development whereby a department of real estate development was established within the corporation. Funds needed for the department's operations were furnished by the partners through the purchase of non-voting preferred stock valued at approximately two-fifths of the total value of the corporate stock. By the terms of the agreement, ninety percent of the profits of the department were to be distributed to the preferred stockholders. Voting control of the common stock was placed in a voting trust. Thereafter, the …
The Original Package—A Factor, Not A Test, Anon
The Original Package—A Factor, Not A Test, Anon
Washington Law Review
By invoking the import-export clause of the United States Constitution, plaintiff sought to enjoin the imposition of state personal property taxes upon unsold portions of imported shipments of greenheart pilings and timber. The lumber was stacked in plaintiff's storage yard, according to existing orders or length. Plaintiff contended that each piece of greenheart, bearing identification stamped at the point of origin of the shipment, constituted an original package and was therefore immune from state taxation. The trial court entered judgment for defendant tax officials on the ground that, when imports are inherently incapable of being packaged, the unit of transportation …
Husband's Immunity From Personal Suit For Tort, Anon
Husband's Immunity From Personal Suit For Tort, Anon
Washington Law Review
Plaintiff brought an action to recover damages for injuries which were intentionally inflicted by her former husband subsequent to the initiation of divorce proceedings. The complaint alleged that defendant, with intent to kill plaintiff and in violation of a non-molestation order, repeatedly rammed plaintiff's automobile with his own. Defendant challenged plaintiff's right to sue, claiming immunity from suit by his former wife for personal tort occurring during marriage. The trial court granted judgment for defendant on the pleadings, which was affirmed on appeal. Held: A man is immune from suit in tort by his former wife, even though the tort …
Strict Liability In Tort—Builder-Vendor Of Mass Produced House Strictly Liable For Injuries Caused By Construction Defects, Anon
Washington Law Review
Defendant, a mass-developer who planned communities and sold homes on the basis of advertised models, installed a water heater in a house without following the manufacturer's recommendations. Plaintiffs leased the house from defendant's vendee, and plaintiffs' minor son was subsequently scalded by excessively hot water drawn from the heater. Recovery was sought for negligence and for breach of implied warranty of habitability. The trial court dismissed the action, but the Court of Appeals of New Jersey reversed. Held: A builder-vendor of a mass-produced house is liable for breach of an implied warranty of habitability to vendee's lessee injured by a …
Products Liability—Innocent Bystander Enjoys Protection Of Implied Warranty, Anon
Products Liability—Innocent Bystander Enjoys Protection Of Implied Warranty, Anon
Washington Law Review
Plaintiff was injured when a shotgun, fired by another, exploded. The explosion was allegedly caused by a defective shotgun shell, purchased by the shooter. Plaintiff brought a personal injury action against the manufacturer, wholesaler, and retailer of the shell, alleging separate counts of negligence and breach of implied warranty. With reference to the latter count, plaintiff contended that the shell was not suitable for its intended use, and that, even though he was neither the purchaser nor the user of the shell, he was entitled to rely upon the implied warranty of fitness and suitability which attended the manufacture, distribution, …
Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon
Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon
Washington Law Review
Filing requirements under the Connecticut enactment of the Uniform Commercial Code have been construed by two recent decisions of the United States Court of Appeals for the Second Circuit. In one case, a creditor duly filed a "security agreement" which the debtor, "Excel Stores, Inc.," had inadvertently signed "Excel Department Stores." Upon debtor's adjudication as a bankrupt, creditor filed a reclamation petition. The district court denied the petition, holding that the security agreement was not properly signed in accordance with Uniform Commercial Code section 9-402(1). On appeal, the Second Circuit reversed and held: Use of "Excel Department Stores" instead of …
The Personality Of Lawyers: A Comparative Study Of Subjective Factors In Law, Based On Interviews With German Lawyers, By Walter O. Weyrauch (1964), Heinz Eulau
Washington Law Review
No abstract provided.
Private Action For Treble Damages Under Clayton Act Section 7, Anon
Private Action For Treble Damages Under Clayton Act Section 7, Anon
Washington Law Review
Plaintiffs, corporate distributors, sought treble damages under section 4 of the Clayton Act, alleging that defendant's acquisition of a manufacturer for which plaintiffs were distributors violated section 7 of the Clayton Act and that plaintiffs were damaged by defendant's termination of plaintiffs' distributorship contracts pursuant to the acquisition. Defendant moved to dismiss, contending that there could be no action for damages under section 4 based upon a section 7 violation, as a section 4 recovery is predicated upon an existing illegal monopoly, which is not prohibited by section 73. The United States District Court for the Southern District of New …
The Use Of Experts By International Tribunals, By Gillian White (1965), Seymour W. Wurfel
The Use Of Experts By International Tribunals, By Gillian White (1965), Seymour W. Wurfel
Washington Law Review
No abstract provided.
The Rule Of Law In World Affairs, William O. Douglas
The Rule Of Law In World Affairs, William O. Douglas
Washington Law Review
No abstract provided.
The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth
The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth
Washington Law Review
The future of this common agricultural policy, as well as that of the European Economic Community itself, however, has been made somewhat uncertain by France's decree, on July 1, 1965, of a "temporary boycott" of the meetings of the Council of Ministers of the Community due to a failure to agree upon the method of financing the Community's agricultural policy. This boycott may well have "triggered the most serious crisis in the bloc's seven year history," because the dispute is thought by some to be a mere symptom of a more fundamental conflict between France and her Common Market partners. …
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Washington Law Review
There are four basic categories of employer misconduct which the Industrial Peace Act (hereinafter referred to as the "act") labels as unfair labor practices. The first is a very broad category; it includes interference, restraint or coercion of employees with respect to their right to organize. The other three refer to particular types of conduct: (1) requiring "yellow dog" contracts; (2) company unionism; (3) discriminatory practices affecting employment which encourage or discourage membership in any labor organization,"' or prejudicial acts committed against an employee for having filed charges, testified, or for being about to testify under the act.
State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell
State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell
Washington Law Review
This article purports to investigate state legislation which prohibits discrimination in public accommodations and some of the more important administrative efforts which have been undertaken to implement these statutes. More specifically, the article attempts to: (1) summarize legislation currently in effect which prohibits discrimination in public accommodations; (2) investigate litigation, which has contested public accommodations statutes in order to determine whether the statutes threaten wider and more fundamental liberties; and (3) review some of the main activities of anti-discrimination commissions—agencies which have undertaken to execute or apply public accommodation laws.
Judicial Creativity And State Labor Law, Cornelius J. Peck
Judicial Creativity And State Labor Law, Cornelius J. Peck
Washington Law Review
That courts must and do make law is a proposition which no longer admits of debate. What remains debatable, however, is whether they choose the proper subjects and occasions for exercising their lawmaking powers as well as whether the products which they fashion are the best or most suitable for governing the affairs to which they will apply. Logically these questions involve separable issues, although there is a noticeable tendency on the part of some commentators to refer to the products of which they disapprove as judicial legislation and to those of which they approve as fine examples of common …
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
Washington Law Review
Senate Bill 122, enacting the Uniform Commercial Code in Washington, was passed during the recent legislative session. The effective date of the new statute is June 30, 1967. Since 1952, when the Uniform Commercial Code [hereinafter cited as UCC] was first proposed by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, it has been enacted by forty-one states, the District of Columbia, and the Virgin Islands. It is now much easier to list the-states which have not enacted it. These are: Alabama, Arizona, Delaware, Idaho, Louisiana, Mississippi, South Dakota, South Carolina, and Vermont. As …
State Board Against Discrimination: Order To Hire As An Authorized Remedy, Anon
State Board Against Discrimination: Order To Hire As An Authorized Remedy, Anon
Washington Law Review
The Washington State Board Against Discrimination processed a complaint filed by Mrs. Geraldine Arnett charging defendant hospital with refusing to accept her application for employment as tray girl because of her Negro race. Investigation by the board substantiated Mrs. Arnett's charge of racial discrimination, but informal negotiation between the board and defendant failed to yield a satisfactory solution. The board then held a formal hearing, found defendant in violation of the Law Against Discrimination, and ordered it to accept Mrs. Arnett's application and offer her employment in the first vacant position for tray girl, providing she met the standard qualification …
Government Contract Disputes—Findings Of Fact Not Binding When Breach Alleged, Anon
Government Contract Disputes—Findings Of Fact Not Binding When Breach Alleged, Anon
Washington Law Review
Plaintiff contracted with the Atomic Energy Commission (AEC) to construct a reactor testing station in Idaho. The contract gave the contracting officer and the head of the AEC (or his representative, the Board of Contract Appeals) authority to make findings of fact as to "disputes concerning questions of fact arising under this contract." Plaintiff submitted various claims in accordance with this disputes clause. Dissatisfied with the resulting administrative decisions, plaintiff brought an action in the Court of Claims for damages resulting from alleged breach of contract by defendant. The subjects of the alleged breach were the same as the claims …
Legislative Efforts To Control Child Abuse In Washington, Anon
Legislative Efforts To Control Child Abuse In Washington, Anon
Washington Law Review
A newly-enacted Washington law permits, and attempts to encourage, the reporting of cases of physical child abuse to law enforcement agencies by physicians and dentists. Upon receipt of such a report, it is made the "duty" of the law enforcement agency to investigate and refer the case to the juvenile court. The new law provides that any person making such a report shall be immune from civil liability that he might have otherwise incurred for reporting the incident. The new law further provides that the physician-patient communication privilege shall not be a ground for excluding evidence in any judicial proceeding …
Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon
Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon
Washington Law Review
Defendant, a resident of the District of Columbia, borrowed money from plaintiff, a Canadian resident, and secured the loan with a mortgage on a tract of land located in Ontario. The mortgage was executed in the District of Columbia and contained a clause by which defendant assented to jurisdiction of Ontario courts by substituted service in the event litigation became necessary. Plaintiff, upon defendant's default, sought foreclosure of the mortgage and a judgment in Ontario. Pursuant to Ontario statute, defendant was personally served in the District of Columbia with a writ and notice of the Ontario proceedings. Defendant failed to …
Legal Fees For Unsuccessful Defense To Criminal Prosecution—An "Ordinary And Necessary" Business Expense?, Anon
Washington Law Review
Taxpayer, a securities dealer, was tried and convicted of mail fraud and of fraud under the 1933 Securities Act, and conspiracy to violate these statutes. Thereafter he claimed a tax deduction for legal costs incurred in his defense under the "ordinary and necessary" business expense provision in section 162 of the Internal Revenue Code. The deduction was disallowed by the Commissioner, and this ruling was sustained by the Tax Court. On appeal, the Second Circuit Court of Appeals reversed. Held: Public policy does not preclude the deduction of legal expenses incurred in an unsuccessful criminal defense arising out of, proximately …
Monopoly—Extension Toward Per Se Violation, Anon
Monopoly—Extension Toward Per Se Violation, Anon
Washington Law Review
The Justice Department brought injunctive action under section 4 of the Sherman Act against Grinnell Corporation and three affiliates which Grinnell controlled through preponderant stock ownership. Grinnell manufactures automatic sprinklers, fire and burglar alarms, and other machinery used in the alarm industry, and its affiliates are corporations supplying subscriber-customers with fire and burglar alarm services from central points through automatic alarm systems installed on subscribers' premises. Defendants had acquired an 87 per cent share of the accredited national Central Station Protective Service (CSPS) market, attained through pre-affilation market allocation agreements between the affiliate corporations and their competitors, discriminatory manipulation of …