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Articles 2311 - 2340 of 3365
Full-Text Articles in Law
Competitive Bidding—Public Construction Contracts In The State Of Washington, Ralph L. Hawkins
Competitive Bidding—Public Construction Contracts In The State Of Washington, Ralph L. Hawkins
Washington Law Review
In Washington, bidding procedures are controlled by a number of statutes. These have been set out in the appendix for the convenience of the reader. For the most part these statutes are unrelated in scope or content. The lack of uniformity in statutory pattern and the countless variations in administrative practice make any generalization dangerous. However, a brief statement of the general pattern is set out in the footnotes.
Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi
Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi
Washington Law Review
Recent cases show an increasing judicial concern with the right to counsel for an indigent accused. This concern flows from the constitutional requirement of a fair trial for every accused, and has culminated with Gideon v. Wainright, establishing the right to counsel in the state courts in all cases. Concommitantly, a related concept of effective representation has acquired momentum. It dates from the language of Powell v. Alabama. This latter concept encompasses answers to the question of what amounts to competent and/or effective counsel. The answers to the question have proved to be delicate and shifting in emphasis from concern …
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Washington Law Review
No abstract provided.
Personal Property As Collateral In Japan And The United States, Kazuaki Sono, Warren L. Shattuck
Personal Property As Collateral In Japan And The United States, Kazuaki Sono, Warren L. Shattuck
Washington Law Review
It is our purpose to compare Japanese and United States law and practice in the area of personal property security. Since it is not possible to find a precise common terminology for different types of security transactions, it seems desirable to arrange the discussion in terms of possessory and non-possessory security, and to use as subheads in the latter category the names of the American security devices. Security transfers of intangibles, chattel paper, and title documents are discussed under the possessory-security classification. An appendix includes English translations of cited Japanese statutes and pertinent Civil and Commercial Code as well as …
American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern
American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern
Washington Law Review
No abstract provided.
Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren
Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren
Washington Law Review
No abstract provided.
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Washington Law Review
The steadily increasing economic and social contacts between Japan and the United States are illustrative of a development which has brought lawyers and laymen of all countries face to face with the need for more adequate, and accurate, information about the laws of all countries. Since the lawyer is the fount to which the informed layman turns for legal advice, it would seem quite natural for such a layman, faced with a problem involving foreign law, either to seek advice from his own attorney, or to turn to an alien admitted to the bar of the country, the laws of …
Introduction To U.S.-Japanese Investment, Dan Fenno Henderson
Introduction To U.S.-Japanese Investment, Dan Fenno Henderson
Washington Law Review
The legal environment for foreign investment in Japan has undergone sweeping changes in the past year, both in the Japanese domestic legislation and in the international law spheres. New international law commitments started with findings of the International Monetary Fund (IMF) about a year and a half ago that Japanese economic conditions warranted a relaxation of foreign exchange controls, and after the necessary adjustments, on March 12, 1964, Japan arranged to shift her IMF status from an Article XIV country to an Article VIII country, meaning essentially that thereafter her foreign exchange budget was abolished and her current accounts (i.e., …
Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson
Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson
Washington Law Review
U.S.-Japanese joint ventures are by far the most important form of direct foreign investment in Japan. For unlike most advanced governments elsewhere in the world, Japanese officialdom has, with precious few exceptions, denied validation under the Law Concerning Foreign Investment to all enterprises wholly-owned or even majority-owned by foreigners. Furthermore, it was basic Japanese policy not to validate even a minority equity in a Japanese enterprise unless the foreigner possessed essential technology which he would not make available to Japanese industry by straight patent or know-how licensing arrangements. Since before July 1963 validation only meant the right to repatriate capital …
Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi
Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi
Washington Law Review
Foreigners have been freely permitted to purchase shares of Japanese corporations since 1950, with the condition that the principal would not be freely remitted abroad. Until 1960 little attention was paid to this opportunity. The recent increase in foreign interest in Japanese equities has coincided with the easing of currency and exchange restrictions, particularly the shortening of the waiting period for the conversion of invested principal to the original currency of the investor. As of April 1, 1963, the waiting period was entirely eliminated, with the expectation of increased foreign investments. Because of the significant increase of foreign offerings in …
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
Washington Law Review
This article will explain the principles involved in article 35 of the Patent Law of Japan, as revised in 1959, dealing with employee inventions in Japan. The history of the revisions which have produced the present article will be discussed, then an interpretation of article 35 will be made, and finally an analysis and criticism of this article through a comparison with foreign laws will be provided.
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
Washington Law Review
The Antimonopoly Law of Japan became effective in July 1947, less than two decades ago. The act was extravagantly endorsed by the U.S. occupation forces as a charter for the economic future of Japan. It was indeed a significant undertaking, designed to implant democratic practices where none had existed before, and it required basic, almost revolutionary, changes in the economic structure of the nation. Equally important was the circumstance that this law was neither sought nor desired by the Japanese. It was imposed upon a defeated people, a device entirely alien to the history and culture of those who were …
Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren
Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren
Washington Law Review
The decision of the University of Washington Law Review to commemorate the twenty-fifth anniversary of Mr. Justice Douglas on the Supreme Court of the United States is doubly appropriate. In the first place, his achievements during that important period of his life are in all respects worthy of review and contemplation. Secondly, it is fitting that a University of the great Northwest should make the synthesis at this midway stage of his brilliant judicial career because he is as much a Westerner in the old tradition as is to be found in public life today. Born in the Midwest, reared …
Justice Douglas On Freedom In The Welfare State: Constitutional Rights In The Public Sector [Part 1], Hans Linde
Justice Douglas On Freedom In The Welfare State: Constitutional Rights In The Public Sector [Part 1], Hans Linde
Washington Law Review
Twenty-five years, in constitutional law, is a long enough span that at its end a generation is apt to confront the problems created by its solutions to the tasks it inherited at the beginning. In the years before Mr. Justice Douglas took his seat on the Supreme Court in 1939, the attention of the whole nation had been held by an epic of constitutional history—the decision whether American government had the constitutional power to cope with the economic and social crisis of a breakdown in the private economy. In 1937, the Supreme Court had unlocked the federal arsenal. The previous …
The Douglas Concept Of God In Government, Leonard F. Manning
The Douglas Concept Of God In Government, Leonard F. Manning
Washington Law Review
Could it be that the protests provoked by Engel were engendered not so much by what the Court held or by what Mr. Justice Black wrote as they were by the absolutist, all-encompassing sweep of Mr. Justice Douglas' concurring opinion? After all, Mr. Justice Douglas had been the author of "accommodations" for religion" and he had quite clearly and forthrightly proclaimed that "We are a religious people whose institutions presuppose a Supreme Being." But now in Engel, as though there were more fundamental questions which demanded more fundamental answers, Mr. Justice Douglas suddenly "grew half sick of shadows" and gave …
A Critique Of "The Constitution And Job Discrimination", Jerre S. Williams
A Critique Of "The Constitution And Job Discrimination", Jerre S. Williams
Washington Law Review
Let this comment on Dean Countryman's article begin with a statement of those portions of his analysis with which the writer is in complete agreement. First, as a matter of general constitutional approach, I agree with his opposition to the assertion that there are ascertainable "neutral principles" of constitutional law. It seems inescapable to me that neutrality or lack thereof is in the eye of the beholder.
The Constitution And Job Discrimination, Vern Countryman
The Constitution And Job Discrimination, Vern Countryman
Washington Law Review
I should perhaps state the assumptions from which my discussion proceeds. I view discrimination on the basis of race, color, national origin or creed as an intolerable practice and a mockery of our national aspirations whether it occurs in the field of employment or elsewhere. The continuation of such practices more than 100 years after the Emanicipation Proclamation seems to me a national disgrace whose elimination cannot longer await the general enlightenment of all parts of the nation. The full powers of government should be brought to bear against such discriminatory practices. And in my search for the most effective …
Washington's Alien Land Law—Its Constitutionality, Theordore Roodner
Washington's Alien Land Law—Its Constitutionality, Theordore Roodner
Washington Law Review
The law, currently extant in Washington, denying aliens who have not declared their intention in good faith to become citizens of the United States the right to own land, and the constitutional provision to the same effect have their beginnings in prejudice and mob violence. Although the modern application of the law has been directed almost solely at the Japanese residents of the state, at its inception it was probably aimed at the Chinese.
Critique On "The Constitution And Job Discrimination", William R. Ming, Jr.
Critique On "The Constitution And Job Discrimination", William R. Ming, Jr.
Washington Law Review
The Countryman basic thesis is sound. His analysis of the obligations of the several states is intriguing. But the history and nature of the problem of discrimination against Negroes in employment suggest that more be said of law and legal institutions in this area.
Poverty And Criminal Justice, Arval A. Morris
Poverty And Criminal Justice, Arval A. Morris
Washington Law Review
A conflict of the ideal of equality with reality exists today. Although our society has been characterized as affluent, there exist many citizens for whom reasonable legal fees appear unreasonable or impossible.
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Washington Law Review
No abstract provided.
Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman
Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman
Washington Law Review
The purpose of this article is to exaimne-the nature of the powers of municipal corporations in Washington in relation to the powers of the state legislature. A municipal corporation has been defined by the Washington supreme court as a body politic established by law as an agency of the state-partly to assist in the civil government of the country, but chiefly to regulate and administer the local and internal affairs of the incorporated city, town or district. Dependent upon the objective of the particular statute creating the body in question and the definition in such statute, the term "municipal corporation" …
Comparison Of Washington And Federal Gift Taxes, Richard H. Williams
Comparison Of Washington And Federal Gift Taxes, Richard H. Williams
Washington Law Review
Generally, federal gift tax consequences are uppermost in the Washington lawyer's mind when he deals with gift tax problems. Consequently, certain differences in the Washington gift tax law are inadvertently overlooked. Although the Washington Act was patterned after the federal act of 1932, several important areas of difference do exist between the two statutes. The purpose of this comment is to explain portions of the Washington gift tax statute, while comparing and contrasting it with the Internal Revenue Code of 1954. The dearth of cases construing the Washington gift tax statute presents a problem in areas where the statute is …
Judicial Notice Of Foreign Law, Robert L. Beale
Judicial Notice Of Foreign Law, Robert L. Beale
Washington Law Review
In 1936 the Commissioners on Uniform State Laws promulgated the Uniform Judicial Notice of Foreign Law Act. To date the Act has been adopted by twenty-eight jurisdictions, including Washington. Although the purpose of the Act was commendable, and the modernization it sought to achieve greatly needed, it seems that further action, either judicial or legislative is needed in some of the states where it has been adopted. Reform is particularly necessary in Washington. This comment will explore the Washington law prior to the enactment of the Uniform Act, the intent of the Act, and the actual effect that its enactment …
Soviet Comrades' Courts, Harold J. Berman, James W. Spindler
Soviet Comrades' Courts, Harold J. Berman, James W. Spindler
Washington Law Review
A major aspect of Soviet criminal law reform since 1959 has been the transfer of certain judicial functions to Comrades' Courts, which are nonprofessional tribunals established to try petty offenses in enterprises, apartment houses, collective farms, universities, and elsewhere. These are called "social," rather than "state," agencies, because they are not staffed by civil servants but by volunteers and because they are conceived to perform a persuasive rather than a coercive function. Apart from their practical importance, they play an important part in symbolizing the theory that in the new period of "expanded construction of communism" there will be a …
Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger
Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger
Washington Law Review
This comment's concern is the situation in which a municipality and a state each define the same conduct as criminal, and each, in a separate action prosecutes the same defendant for the same act. The sole question explored in this comment is whether there is, or should be, a bar, on the ground of double jeopardy, to city or state prosecutions where the other has prosecuted. An attempt has been made exhaustively to canvass the question and also the position of the state and federal courts.
Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper
Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper
Washington Law Review
In State ex rel. Cosmopolis Consol. School Dist. No. 99 v. Bruno, a school district having no high school sought review of the procedure under which its pro-rata contribution to the building program of a neighboring high school district had been determined. The supreme court held that review by extraordinary writ was proper, and two aspects of its decision merit attention because of their implications concerning review of administrative action generally. First, although the district had proceeded under a writ of certiorari, which is by statute restricted to the review of "judicial" functions, the supreme court in deciding that review …
Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.
Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.
Washington Law Review
The Washington court denied the claim of General Motors that the Washington Business and Occupation Tax violated the due process and commerce clauses as applied to its interstate business of wholesaling new cars. The Tax Commission had determined that the activities of General Motors within the state subjected the corporation to this tax on its gross receipts.
Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.
Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.
Washington Law Review
In 1959 the state legislature passed a law enabling Washington to obtain federal-aid highway grants for the reimbursement of utility relocation costs incident to federal highway construction. In the recent case of Washington St. Hy. Comm'n. v. Pacific Northwest Bell Tel. Co., the Washington Supreme Court held this legislation to violate the state constitution.
Criminal Law—Admissibility Of Confessions, Michael D. Garvey
Criminal Law—Admissibility Of Confessions, Michael D. Garvey
Washington Law Review
State v. Moore recently held that only two proper grounds exist for excluding a confession from evidence in a criminal trial: That it was obtained in violation of the due process clause of the fourteenth amendment to the federal constitution or that it has not met the test provided by Washington statute. The Washington Constitution provides that, "no person shall be compelled in any criminal case to give evidence against himself . . ."' But the court held that this provision does not apply to the admissibility of confessions. The defendant had been convicted of second degree burglary and grand …