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Articles 2251 - 2280 of 3365
Full-Text Articles in Law
Consumer Preference For Brand Names Under The Robinson-Patman Act, Anon
Consumer Preference For Brand Names Under The Robinson-Patman Act, Anon
Washington Law Review
Borden Company sold evaporated milk under its own brand name at a substantially higher price than it sold chemically identical milk under private brand names. The Federal Trade Commission found price discrimination in violation of the Robinson-Patman Act and issued a cease and desist order prohibiting further price differentials between the two products. The Fifth Circuit Court of Appeals granted Borden's petition to set aside the order, and held: Premium brand products commanding consumer preference and chemically identical products sold under private brands are not of "like grade and quality" within the meaning of the Robinson-Patman Act. Borden Co. v. …
New York Times Rule Extended To Criminal Libel, Anon
New York Times Rule Extended To Criminal Libel, Anon
Washington Law Review
Defendant, a district attorney, issued a statement to the press accusing eight parish judges of laziness, inefficiency in office, taking excessive vacations, and hindering his enforcement of the state's vice laws. Louisiana convicted defendant of a violation of a Criminal Defamation Statute, rejecting his argument that the statute violated the first amendment guarantee of free speech. On appeal to the United States Supreme Court, held: The first amendment is violated by a state statute which permits punishment of (1) truthful criticism of public officials, or (2) false statements about public officials made with ill will, but without knowledge of the …
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Washington Law Review
Plaintiff, a citizen of New Jersey, commenced a personal injury action in the federal district court for the Southern District of New York against American Express Company, an unincorporated joint stock association organized under New York laws. Jurisdiction was alleged solely on the basis of diversity of citizenship. The district court held that the defendant association was itself incapable of being a citizen and, since some member shareholders were shown to be citizens of plaintiff's state, the complaint was dismissed for lack of total diversity.' On appeal to the Court of Appeals for the Second Circuit, reversed. Held: An unincorporated …
Foreword [To Philippine Symposium], George E. Taylor
Foreword [To Philippine Symposium], George E. Taylor
Washington Law Review
The essays in this symposium bring out two themes—the relation of the American model to the substance and practice of law in the Philippines and the influence of the spirit of nationalism. Neither can be fully understood without reference to the past, for both have been fundamentally affected by the half century of American occupation. The substance of the law clearly owes most to the American model although Spanish civil law was not, in certain important areas, discarded. The Constitution of 1936, drawn up by an elected convention under the chairmanship of the late Senator Claro Recto, strongly reflects the …
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Washington Law Review
The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of …
An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman
An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman
Washington Law Review
Since 1898, when the United States acquired possession of the Philippines from Spain, both sides have characterized relations with the other as "special." As with other characterizations of this type, "special relationship" has meant different things at different times. This article will attempt to chip away some of the encrustation that has accumulated upon this term over the years, at least in the economic sphere, and to see what this special economic relationship should mean in the world of the mid-1960's. In the early period of United States administration of the Philippines, the special relationship could perhaps be said to …
The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes
The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes
Washington Law Review
The relations which have developed between the Philippines and the United States during more than sixty years of close association have been variously described as "unique,"' "peculiar," ' and "special." The most unusual relations are those created by an amendment to the Philippine Constitution extending to citizens and corporations of the United States, for a period of twenty-eight years, equal rights with Filipino citizens and corporations in the exploration, development, and utilization of natural resources and the operation of public utilities. Parity rights, as this grant is popularly called, were the subject of bitter controversy in the Philippines when proposed …
Business Organizations In The Philippines, Sulpicio Guevara
Business Organizations In The Philippines, Sulpicio Guevara
Washington Law Review
The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.
National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short
National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short
Washington Law Review
On August 1, 1964, the Philippine Bureau of Internal Revenue held a picnic in Taytay, Rizal Province, attended by more than 2,000 persons, to celebrate the 60th anniversary of its founding. The Philippine Bureau of Internal Revenue was organized on August 1, 1904, some six years after the Philippines came under the control of the United States. Its present complement of approximately 6,000 employees administers a variety of National Government taxes and can claim credit for providing roughly sixty per cent of total National Government revenues.
Secured Transactions In The Philippines, Estelito P. Mendoza
Secured Transactions In The Philippines, Estelito P. Mendoza
Washington Law Review
Philippine law on secured transactions is primarily statutory. Special laws dealing with chattel mortgages have been in effect since August 1, 1906. Title XV of the Philippine Civil Code deals with guaranty transactions and title XVI covers pledges and mortgages, with its major emphasis on pledges. The Chattel Mortgage Law was enacted by the Philippine Commission and is, thus, American in nature, while the Civil Code provisions are largely Spanish in origin.
The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman
The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman
Washington Law Review
No abstract provided.
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Washington Law Review
No abstract provided.
Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo
Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo
Washington Law Review
The impact of the Philippine system of taxation is of great importance to American investors and businessmen. According to the American Chamber of Commerce of the Philippines, the total direct United States investment in the Philippines at the end of 1963 was 415 million dollars and of this amount 110 million dollars are invested in manufacturing. Consequently, the aim of this Article, after briefly tracing the history of Philippine tax laws, is to present a thorough but concise discussion of the tax consequences of establishing and operating a business, with emphasis on American owned or controlled corporations, in the Philippines.
Law Reviews And Full Disclosure, William O. Douglas
Law Reviews And Full Disclosure, William O. Douglas
Washington Law Review
Rather I propose an editorial policy that puts in footnote number one the relevant affiliations of the author. If the article is paid for, I would not necessarily require the disclosure of the amount of the fee; the fact that there was a fee would be sufficient. If there were no fee but a client's interest was reflected in the article, I would want disclosure of that client's identity. If the author was a freelancer in a particular field, I would want a general statement that his professional interest lay in the direction of certain types of litigation. That kind …
Philippine Labor Law—A Survey, Perfecto Fernandez
Philippine Labor Law—A Survey, Perfecto Fernandez
Washington Law Review
No abstract provided.
Serving Substantial Justice—A Dilemma, Philip A. Trautman
Serving Substantial Justice—A Dilemma, Philip A. Trautman
Washington Law Review
In an article written three years ago, this author introduced the subject with the observation that, of the several grounds for a new trial in Washington, one in particular had created considerable difficulty for the supreme court, trial judges, and counsel. This was the rule permitting a new trial when "substantial justice has not been done," and followed by the provision that, "In all cases wherein the trial court grants a motion for a new trial, it shall, in the order granting the motion, give definite reasons of law and facts for so doing."
The National Labor Relations Board's "Integrated Industries" Policy: An Administrative Grandfather Clause, Robert M. Keenan
The National Labor Relations Board's "Integrated Industries" Policy: An Administrative Grandfather Clause, Robert M. Keenan
Washington Law Review
In carrying out its statutory responsibility to determine whether a unit of craft employees, rather than a broader unit, is appropriate for purposes of collective bargaining, the National Labor Relations Board (hereinafter referred to as the Board) ordinarily must strike a balance between sharply conflicting interests. One or more groups of specially skilled workmen will desire to be disassociated from other employees in order to obtain relatively superior terms and conditions of employment. The employer will probably oppose separate representation for the specialists, believing it not conducive to stable labor relations. And often an incumbent union, which has represented the …
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Community Property—Federal Savings Bonds—P.O.D. Beneficiary Other Than Surviving Spouse, Anon
Washington Law Review
The United States Supreme Court recently handed down a decision reversing the Washington Supreme Court which has important ramifications in all community property jurisdictions. The problem began when Angel N. Yiatchos purchased Series E United States savings bonds with community funds. Angel became registered owner of the bonds and his brother was designated P.O.D. (payable on death) beneficiary. After Angel's death, his widow refused to deliver the bonds to the brother. The brother then brought suit against the widow individually and as executrix to determine ownership of the bonds. Angel's widow sought one-half interest in the bonds as her community …
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Washington Law Review
The following article is the third in a series by Professor Richard Cosway on negotiable instruments in which he compares existing Washington law with Article 3 of the Uniform Commercial Code. Previous articles on Article 3 have appeared in 38 Wash. L. Rev. 501 (1963) and 38 Wash. L. Rev. 769 (1963).
Community Property—Community Property Agreement—Private Pension Fund—Designated Beneficiary Other Than Surviving Spouse, Anon
Washington Law Review
The conflict in the Washington Supreme Court as to priority between contract law and community property law, which resulted in a 5-4 decision in Occidental Life Ins. Co. v. Powers, is still present after 27 years. The contract at issue in the principal case was the General Electric Pension Trust, to which decedent had contributed premiums for 13 1/2 years. During that time decedent had been married three times and divorced twice. Neither divorce decree had disposed of the pension funds, and decedent's second wife was the designated beneficiary at his death. During his third marriage, decedent and his third …
Bankruptcy—Discharge—Effect Of False Financial Statement Upon Prior Indebtedness, Anon
Bankruptcy—Discharge—Effect Of False Financial Statement Upon Prior Indebtedness, Anon
Washington Law Review
In the 1961 case of Household Fin. Corp. v. DeShazo, the Washington Supreme Court held that section 17(a)(2) of the Federal Bankruptcy Act limited a creditor to recovery of the amount of an additional loan made in reliance upon a false financial statement, and did not permit recovery of prior indebtedness—not initially obtained by fraud—which was refinanced in the same transaction and included in the total amount of a new note.
Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon
Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon
Washington Law Review
Washington marital communities have been immune since 1890 from liability for tortious acts committed by a public officer in performance of his official duties. The Washington Supreme Court reviewed this rule once again in an action for false arrest and imprisonment against a Port of Seattle commissioner. Defendant, an employer ex officio of the security guard at the Seattle-Tacoma International Airport, personally arrested and maintained custody over plaintiff for a period in excess of three hours. Plaintiff sued the commissioner, his marital community, and Port of Seattle. Suit against Port of Seattle was dismissed, but judgment was entered against defendant …
Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon
Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon
Washington Law Review
Plaintiff sued to recover damages for injuries received while a passenger in defendant's automobile. Upon plaintiff's motion under Alaska Rule of Civil Procedure 34, the trial court allowed discovery of defendant's automobile liability insurance policy, and of witnesses' written statements obtained by defendant's counsel, including any written statements of the defendant and plaintiff. On appeal, the Alaska Supreme Court affirmed. Held: Under Alaska Rule of Civil Procedure 34, a plaintiff is entitled to discovery of defendant's insurance policy and any written statements of witnesses which were obtained by defendant's counsel. Miller v. Harpster, 392 P.2d 21 (Alaska 1964).
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Criminal Law—Constitutional Law—Search And Seizure—Admissibility Of Evidence Incident To Arrest, Anon
Washington Law Review
Defendant was riding as a guest in a car when Seattle police stopped the car and arrested the driver for twice turning without signaling and for failure to produce a valid driver's license. Defendant and the other passengers in the automobile were also arrested and taken to jail. The car was impounded. A search of the car the next day, accomplished without a search warrant, disclosed two revolvers hidden under the dash. At defendant's subsequent trial on robbery charges, the revolvers were admitted in evidence despite defendant's motion to suppress and objection. The trial court ruled that, although defendant's arrest …
Property—Power Of Termination—Effect Of Failure To Exercise Within A Reasonable Time, Anon
Property—Power Of Termination—Effect Of Failure To Exercise Within A Reasonable Time, Anon
Washington Law Review
The Washington court recently considered the effect of prolonged silence and lack of affirmative action by the holder of a power of termination after a condition subsequent has been broken. In 1884, the grantor conveyed land to a water company. The deed required that the land be used for a right of way to conduct water, enforceable by a power of termination reserved to the grantor and his heirs. The land was subsequently conveyed to plaintiff by a deed subject to the same condition. Prior to 1905, the condition occurred when the land was set aside for park purposes. Not …
Torts—Intentional Interference With Contractual Relationship—Malicious Interference With Attorney-Client Relationship, Anon
Washington Law Review
The Washington Supreme court recently decided a case having personal as well as professional interest to the legal profession. Plaintiff, an attorney, was requested by a widow to make arrangements whereby she could continue her deceased husband's business, and initiated probate of the husband's estate. Defendants, tax consultants and certified public accountants, were later retained by the widow to perform the estate's tax work. At defendant's urging, the widow selected another attorney from a list furnished by defendants and terminated plaintiff's employment. Plaintiff, upon inquiry, was informed by defendants that they hired and fired attorneys for their clients. Plaintiff sued …
Contracts—Property—Evidence—Oral Contracts To Devise, Anon
Contracts—Property—Evidence—Oral Contracts To Devise, Anon
Washington Law Review
Nearly twenty years after it was announced, the Washington court has amplified an announced intention to enforce stringent technical rules in its consideration of oral contracts to devise. In an action for specific performance of his deceased employer's alleged oral contract to devise realty, plaintiff presented an uncontroverted line of evidence dating from 1937. At that time plaintiff was a friend and neighbor of decedent and her husband, and was employed as a logger at a wage of $5.60 per day. Shortly after the husband's death, plaintiff left his logging job and commenced operation of decedent's farm for $1.50 per …
Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon
Evidence—Effect Of Tortfeasor's Death Upon Admissibility Of Blood Test In Civil Action, Anon
Washington Law Review
The question whether analyses of blood samples taken from a deceased person may be admitted into evidence in a civil suit is one of first impression in Washington. Plaintiff, a truck-owner, sued decedent's executor for damages to his truck sustained in a collision with decedent's automobile, alleging that decedent was negligent in driving under the influence of intoxicants. A blood sample was taken by a coroner, in accordance with Washington Revised Code section 68.08.106, approximately one hour after death. Analysis of decedent's blood sample was admitted into evidence over defendant's objection, as proof of decedent's intoxication. On appeal from a …
Torts—Admissibility Of Extrinsic Evidence As Proof Of Libel Per Se, Anon
Torts—Admissibility Of Extrinsic Evidence As Proof Of Libel Per Se, Anon
Washington Law Review
The dubious distinction between libel per se and libel per quod may be non-existent in Washington following a recent supreme court decision. Plaintiff was divorced from his former wife, Hazel, on February 3, 1960. In September 1960, he married his present wife. Thereafter plaintiff instituted a suit to modify the divorce decree. Defendant newspaper, in reporting this suit, printed the following statement: "Divorce Granted-Hazel M. Pitts from Phillip Pitts." Plaintiff sued defendant for libel, alleging that considering extrinsic facts the publication was libelous per se; it gave the impression that plaintiff's second marriage was illegal and that he was a …
Jurisdiction—Service Of Process On Foreign Corporation, Anon
Jurisdiction—Service Of Process On Foreign Corporation, Anon
Washington Law Review
Alaska statutory provisions for service of process on foreign corporations have been given long-arm effect. The purchaser of a road scraper sued his vendor, the distributor, for breach of warranty as to the condition of the scraper. The distributor filed a third party complaint against a non-resident manufacturer from which it had ordered and received equipment over the course of several years under an exclusive distribution sales and service agreement for the state of Alaska. Because the manufacturer had no agent in Alaska on whom process could be served, copies of the complaint and summons were delivered by the retailer …