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Articles 2281 - 2310 of 3365
Full-Text Articles in Law
Workmen's Compensation—Back Injuries—Absence Of Unusual Strain Or Exertion, Anon
Workmen's Compensation—Back Injuries—Absence Of Unusual Strain Or Exertion, Anon
Washington Law Review
The Washington Supreme Court recently refused to apply the "unusual strain" test used in heart attack cases to back injury litigation. Claimant, a clerk-typist, suffered a herniated intervertebral disc when she twisted around to answer a telephone which rang as she was bending over in the opposite direction. Claimant's employer contended that her injury did not constitute a "sudden and tangible happening of a traumatic nature" within the statutory definition of "injury" in the Industrial Insurance Act. A compensation award by the Board of Industrial Insurance Appeals was upheld by the trial court. On appeal, held: Impairment of claimant's skeletal …
Torts—Municipal Liability—"Natural Causes"—Climatic Conditions And Vehicular Traffic, Anon
Torts—Municipal Liability—"Natural Causes"—Climatic Conditions And Vehicular Traffic, Anon
Washington Law Review
A municipality is generally not liable for injuries which result from the "natural causes" of snow and ice on city sidewalks. Three recent Alaska decisions held that pedestrian and vehicular traffic which caused rough surfaces on sidewalks and crosswalks were also "natural causes."
Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon
Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon
Washington Law Review
In 1961 Washington joined those states which have enacted comprehensive trade regulation statutes The Washington Supreme Court recently sustained the constitutionality of this statute in an opinion which suggests that the law will have an active future. The state Attorney General brought an action to enjoin alleged monopolization by certain motion picture distributors and theatre owners of second run feature films in the Seattle area. The trial court sustained defendants' motion to dismiss for lack of jurisdiction over the subject matter on grounds that Congress had preempted trade regulation of interstate commerce, that the Washington act would interfere with and …
Criminal Law—Jurisdiction—Habeas Corpus—State Jurisdiction Over Constitutional Questions Pending In Federal Court, Anon
Washington Law Review
In July, 1960, petitioner Don Anthony White was convicted of murder in the first degree and sentenced to death. The Washington Supreme Court affirmed the conviction, and certiorari was denied by the United States Supreme Court. In February 1964, the Washington court denied petitioner's application for writ of habeas corpus. Petitioner then applied for writ of habeas corpus in the federal district court. This petition raised a new issue based on facts asserted to have come to the attention of petitioner's counsel subsequent to the denial of the application by the Washington court." Respondent penitentiary superintendant maintained that petitioner had …
Torts—Abolition Of Doctrine Of Charitable Immunities, Anon
Torts—Abolition Of Doctrine Of Charitable Immunities, Anon
Washington Law Review
The doctrine of charitable immunity in Washington appears to have been finally abolished by two recent decisions of the Washington Supreme Court. In Friend v. Cove Methodist Chuch, Inc., 65 Wash. Dec.2d 155, 396 P.2d 546 (1964), plaintiffs attended a smorgasbord dinner at defendant's church as "invited members of the public." Directed to a certain door as leading to the kitchen, plaintiff wife opened the door and was severely injured when she fell into an open furnace pit. In the second decision, Herbert v. Corporation of Catholic Archbishop, 65 Wash. Dec.2d 165, 396 P.2d 552 (1964), plaintiff attended a Rosary …
The Old Fields And The New Corn—Some Observations On The Common Law And Its Continued Vitality, G. F. Curtis
The Old Fields And The New Corn—Some Observations On The Common Law And Its Continued Vitality, G. F. Curtis
Washington Law Review
In contrast, the common law had its origins in the decisions of judges, and its growth through the cases. The legal system thus built is one of the imposing products of the human mind; and all who serve it are justly proud of it. Not a little of the literature of our system, indeed, is concerned to assert the superiority of the case method. "Law grows, and though the principles of law remain unchanged, yet (and it is one of the advantages of the common law) their application is to be changed with the changing circumstances of the times. Some …
Constitutional Rights In The Public Sector: Justice Douglas On Liberty In The Welfare State, Hans A. Linde
Constitutional Rights In The Public Sector: Justice Douglas On Liberty In The Welfare State, Hans A. Linde
Washington Law Review
Although the needs of the national economy and national security have vastly expanded the public sector, it is the direct underwriting of individual living standards and social services that characterizes the welfare state. Inevitably, conflicts between the views and objectives of the welfare state's political management and the views of some claimants to welfare state benefits have put in issue the constitutional limitations on the power to deny, withdraw, or condition such benefits. And inevitably, the cry of "constitutional rights" in public programs has been countered with the cry of "privilege." The arguments were already familiar when Mr. Justice Douglas …
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
The Defense Of Indigent Persons Accused Of Crime In Washington—A Survey, Richard B. Amandes, George Neff Stevens
Washington Law Review
Eight months before the decision of the United States Supreme Court in Gideon v. Wainwright the American Bar Association, in accordance with its long existing concern with the problem of indigent defendants, authorized the appointment of a special committee with associate subcommittees in each state "to study present practices and to initiate, coordinate and accelerate efforts to assure adequacy of the defense provided indigent persons accused of crime in the United States..." The work of state subcommittees was coordinated and directed by the American Bar Foundation. This article is based upon the report prepared by the Washington subcommittee, and follows …
Assessments In Washington, Philip A. Trautman
Assessments In Washington, Philip A. Trautman
Washington Law Review
The history of the development of cities and towns in Washington, as elsewhere in the nation, is punctuated with problems relating to the construction and financing of local improvements. The accelerating increase of population in metropolitan areas of the state, can be expected to multiply these problems. It thus seems appropriate to examine special assessment principles as an aid to counsel representing private parties or municipalities
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
The Juvenile Offender And Self-Incrimination, Rodger W. Pegues
Washington Law Review
A juvenile offender whose case has been transferred from juvenile court to criminal court may be confronted with incriminating statements which he made during the course of the juvenile proceedings. The admissibility in a criminal prosecution of confessions and admissions made by a juvenile to police, probation officers, juvenile court judges, or other juvenile authorities involves important issues of public policy and constitutional law. The problem typically arises when a youth of sixteen or seventeen commits an act which, were he an adult, would be characterized as a crime. The youth has a history of several juvenile offenses. He is …
Reciprocity And The Federal Antitrust Laws, Bernard E. Harvith
Reciprocity And The Federal Antitrust Laws, Bernard E. Harvith
Washington Law Review
The Jones Chemical Company is considering its next purchase of the cardboard barrels in which it packages much of its output. The salesman from Smith Paper Products suggests that his firm be given preference, since it purchases large quantities of chemicals from Jones. He even hints that those purchases will be increased if Jones will make the "right" decision in regard to its orders. This prediction proves to be correct, after Jones purchases its barrels from Smith. These firms are engaging in a common business practice which has come to be called "reciprocity." This modern industrial version of the ancient …
Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon
Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon
Washington Law Review
Plaintiff, trustee in bankruptcy of defendant's former husband, brought suit in federal district court to set aside as a fraudulent conveyance a Washington court's award of community property to the defendant incident to her divorce. The district court granted summary judgment for defendant on the ground that the trustee's attack on the award depended upon the community nature of the property which had been terminated by the divorce. On appeal, the Ninth Circuit Court of Appeals reversed and remanded. Held: Because a Washington marital community is not an entity with separate legal existence, an award of community property by a …
Aggravation Outside Covered Employment Of Prior Industrial Injury Is Compensable, Anon
Aggravation Outside Covered Employment Of Prior Industrial Injury Is Compensable, Anon
Washington Law Review
In 1955, claimant suffered a sacroiliac strain while working within employment covered by the Washington Industrial Insurance Act. His compensation claim was closed with an award of $1,800 and a determination of thirty per cent permanent partial disability. Three years later, while visiting a relative, claimant unloaded some heavy sacks of grain and carried them from a truck into a storage building. He was obliged to undergo medical treatment the next day for pain and stiffness in his back. Claimant's application to readjust his previous award was rejected by the Department of Labor and Industries on the ground that he …
Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon
Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon
Washington Law Review
Plaintiff, an Air Force officer stationed in Alaska, commenced action for divorce under the provisions of an Alaska statute which extends divorce jurisdiction to military personnel who have resided within the state for one year. Defendant, a domiciliary of Pennsylvania, made a general appearance by attorney and contested the court's jurisdiction to grant the decree, alleging that plaintiff was not an Alaska domiciliary. The lower court dismissed plaintiff's complaint for lack of jurisdiction. On appeal, the Alaska Supreme Court reversed. Held: An Alaska court has jurisdiction to grant divorces to military personnel who have resided in the state for one …
Federal Private Antitrust Action Is Characterized As Penal Under State Law, Anon
Federal Private Antitrust Action Is Characterized As Penal Under State Law, Anon
Washington Law Review
Plaintiffs brought a treble damage action under section 4 of the Clayton Act alleging violations by defendant oil companies of sections 1 and 2 of the Sherman Act. These violations purportedly occurred some two years prior to the filing of plaintiffs' action. The district court for the southern district of California dismissed the action on the ground that it was barred by the one year California statute of limitations relating to statutory forfeitures or penalties. On appeal, the Court of Appeals for the Ninth Circuit affirmed. Held: A private antitrust action under the Clayton Act is an action to recover …
Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher
Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher
Washington Law Review
In 1960, two events occurred which illustrate current disenchantment with Washington probate law and highlight the need for reformation and modernization. In that year the voters of this state overwhelmingly adopted an Initiative providing for joint tenancy, despite counsel from the bar that "the initiative is dangerous and that if adopted... will bring back a state of chaos and disrupt the operation of our modern and progressive community property laws." The concern from which this legislation issued was indicated in the Initiative's opening clause, "[J]oint tenancy with right of survivorship permits property to pass to the survivor without the cost …
State Wage Collection Laws: Supplementing The Bankruptcy Act, D. Mckay Snow
State Wage Collection Laws: Supplementing The Bankruptcy Act, D. Mckay Snow
Washington Law Review
The general problem to be considered here is that of the employer's insolvency and consequent inability to pay wages which have already been earned. More specifically this comment examines the various types of state legislation designed to assist employees in the collection of these earned but unpaid wages, with primary consideration directed to those statutes which enable the employee to circumvent the limitations of the federal Bankruptcy Act. State wage priority statutes are therefore not included, nor are general creditor collection devices, criminal sanctions against non-payment of wages, and laws authorizing the assignment of wage claims to an administrative agency …
Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr.
Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr.
Washington Law Review
Improvements and innovations designed to meet modern-day requirements of mass public transportation have spawned a number of legal problems, many of which the courts have attempted to resolve under an expanding concept of eminent domain. This ancient power, by which a sovereign may appropriate private property to public use, has not been a static doctrine. Rather it has served as an umbrella under which a multitude of varied and intricate theories, rules, and limitations have been developed by the judiciary to keep up with the increasing complexities of governmental functions and responsibilities. In Washington it may well be that modern …
A Projection Of Washington's Financial Needs, George A. Shipman
A Projection Of Washington's Financial Needs, George A. Shipman
Washington Law Review
This is a projection of the financial needs of the State of Washington over the next three biennial periods. It is intended to serve the practical need of observing current issues of state appropriations and financing in terms of apparent short-range trends. At the outset, it should be made clear that this effort is highly tentative. At the time of writing, basic data with respect to the trends that influence levels of governmental activity, both locally and statewide, fall far short of a desirable base for an accurate projection. Also, several possibilities for federal action which directly influence state and …
The Washington Tax System—How It Grew, Alfred Harsch
The Washington Tax System—How It Grew, Alfred Harsch
Washington Law Review
Since the establishment of Washington as a territory in 1854, the state's taxing system has expanded from a simple two-tax program, adequately serving the needs of its rough pioneer communities, into an involved complex of multiple taxes, limited and confined either within a rigid and strictly construed constitutional framework or by the outer limits of economic and political feasibility. Whatever may be one's belief with respect to the desirable extent of the governmental activities and services of the state and its many subdivisions, there can be no denying the proposition that the state's existing revenue system creaks, groans, and mightily …
Tax Problems From The Agricultural Point Of View, Chas. W. Hodge
Tax Problems From The Agricultural Point Of View, Chas. W. Hodge
Washington Law Review
The farmer in the State of Washington carries a heavier state and local tax burden in relation to both his net income and his gross return from products and services sold than any major industry not specially taxed. Although specially taxed businesses such as liquor, tobacco, and amusements often carry very high taxes in relation to their volume of business, in most cases all competitors for the market carry the same tax load in the market area in which they compete. While this makes the incidence of the tax hard to trace, it is fairly certain that such taxes generally …
Tax Problems From The Business Point Of View, Phillip Strawn
Tax Problems From The Business Point Of View, Phillip Strawn
Washington Law Review
It would seem desirable to begin a discussion of state and local taxes from the business point of view by providing some indication of the meaning of the term "business." A dictionary definition which is pertinent is "the buying and selling of commodities and services; commerce; trade." Thus broadly defined, the term "business" embraces a great variety of activities and organizations. It includes such activities as manufacturing, wholesaling, retailing and the provision of services. It includes such organizational forms as corporations, partnerships, and sole proprietorships.
The Washington State Tax Structure As Viewed By The Consumer, Phillip W. Cartwright
The Washington State Tax Structure As Viewed By The Consumer, Phillip W. Cartwright
Washington Law Review
In evaluating the Washington tax structure from the view point of the consumer it is necessary to determine what is meant by "the consumer." For purposes of this discussion, the term consumer describes a member of the general public performing in his role as a householder rather than in his role as an employee, employer, or self-employed individual. In his role as a consumer, the individual has a certain set of criteria with which he can render a judgment in respect to his satisfaction with a tax structure. Cast in another role, this same individual may well have another set …
State And Local Tax Problems From The Labor Point Of View, Joe Davis
State And Local Tax Problems From The Labor Point Of View, Joe Davis
Washington Law Review
This is a short presentation of what is believed to be the representative viewpoint of labor with respect to the inequities and inadequacies of the system as we now understand it. It is not intended to be an exhaustive examination of the taxing system now in use in the State of Washington.
Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long
Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long
Washington Law Review
The problem of delineating the boundaries of discovery under Rules 26-37 of the Federal Rules of Civil Procedure is constant, for the language of limitation in the rules themselves remains vague. The discretionary nature of these rules suggests determination of each case on its own record. The burden so imposed on district judges and the lack of definite standards in the rules themselves governing the exercise of discretion have undoubtedly contributed to the adoption by many judges of rather inflexible ancillary rules for the application of discovery in questionable areas. One of these areas concerns the extent to which expert …
Survey Of Medical Professional Liability In Washington, John Richard Steincipher
Survey Of Medical Professional Liability In Washington, John Richard Steincipher
Washington Law Review
Today, the number of these claims nears 9,000 a year at a cost of over 45 million dollars, such that one out of every seven physicians in the United States has been sued for professional negligence., This alarming increase in claims, the majority of which are deemed by many to be "without merit," represents one of the most interesting and paradoxical legal developments in recent years, since attorneys specializing in these matters estimate that they reject 80 per cent of the claims brought to them, and even with this, the defending physicians are victorious in 70 per cent of the …
Washington's Loyalty Oath And "Guiltless Knowing Behavior", Arval A. Morris
Washington's Loyalty Oath And "Guiltless Knowing Behavior", Arval A. Morris
Washington Law Review
In Baggett v. Bullitt, the Supreme Court of the United States ruled that professors at the University of Washington could not be required to execute two legislatively prescribed "loyalty" oaths. This high-court decision ended a nine-year battle carried on by the University's faculty. It marks a significant step forward in the achievement of constitutional protection for intellectual liberty everywhere. It is now questionable whether the act of swearing one's loyalty, as a condition of academic employment, an act utterly unrelated to academic competence, can constitutionally be required of a professor. Furthermore, the Court's opinion casts a cloud of doubt over …
Police Discretion And Traffic Law Enforcement, Hayes Elder
Police Discretion And Traffic Law Enforcement, Hayes Elder
Washington Law Review
But, society, in its desire to secure our future safety on the highways, must not be driven by these alarming statistics to sacrifice personal freedoms. Although the first concern with traffic safety laws is to increase the motorist's chance for survival, these traffic laws, and the enforcement of them, create other problems that can undermine values fundamental to our society. This comment will discuss some of these problems, and shall suggest a possible course for our legislative bodies that may best effect greater traffic safety, and at the same time preserve the other values. For the sake of comprehension and …
Judicial Self-Restraint: Political Questions And Malapportionment, Stephen R. Mitchell
Judicial Self-Restraint: Political Questions And Malapportionment, Stephen R. Mitchell
Washington Law Review
Justice Felix Frankfurter, dissenting in the Tennessee Reapportionment Case, characterized the holding of that decision as "a massive repudiation of the experience of our whole past." Whether or not this is true we may presently discover, but in the meanwhile Baker v. Carr may safely be described as a truly momentous constitutional decision. Without wishing to labor the obvious, legislative apportionment can be a violently partisan problem which, in the normal course of things, we might expect the Court to bend every effort to avoid. It is an area in which judicial standards are elusive and in which judicial remedies …
Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.
Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.
Washington Law Review
Shortly after its 1959 decision in State v. Thompson, the Washington Supreme Court was credited with having made substantial change in the availability of pretrial discovery in Washington criminal procedure. This comment seeks to determine the effect of State v. Thompson by surveying the law of pretrial discovery on two levels of the Washington judicial system. First, the comment analyzes the recent supreme court cases that followed State v. Thompson, emphasizing the policy reasons behind current Washington procedure. Then the comment discusses a survey of the state's trial judges, which was made in conjunction with this paper for the purpose …