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Articles 2431 - 2460 of 3365
Full-Text Articles in Law
Security Transactions, W. L. Shattuck
Security Transactions, W. L. Shattuck
Washington Law Review
Covers recent laws on conditional sales of personal property—filing; on crops—lien for supplier of fertilizer, pesticide, weed killer; and on real property mortgage foreclosure—redemption.
Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards
Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards
Washington Law Review
The legislature has apparently abolished the operation of the ancient doctrine of sovereign immunity in Washington with a recently enacted statute. This abolition may be partial, however, and its full effect cannot be predicted with certainty. Much of this uncertainty is caused by the history of sovereign immunity, both in the State of Washington and elsewhere.
Workmen's Compensation, Richard Cosway
Workmen's Compensation, Richard Cosway
Washington Law Review
Covers recent amendments to the Industrial Insurance Act.
Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody
Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody
Washington Law Review
May a federal prisoner, who has been injured due to the negligence of a federal employee while incarcerated in a federal prison, recover from the United States under the Federal Torts Claims Act?'
Creditor's Rights, Robert Debruyn, Paul A. Webber
Creditor's Rights, Robert Debruyn, Paul A. Webber
Washington Law Review
Covers cases on motor vehicle chattel mortgages—dual aspects of notice by registration and filing (DeBruyn) and on litigation of a tort claim in a garnishment proceeding—levy of execution upon a tort claim (Webber)
Torts, Dale Kremer, Walter C. Howe Jr., Edward B. Mackie, Virginia Lyness, Gordon G. Conger
Torts, Dale Kremer, Walter C. Howe Jr., Edward B. Mackie, Virginia Lyness, Gordon G. Conger
Washington Law Review
Covers cases on warrantless arrest (Kremer); on contributory negligence—absolute right to stop at a yellow light (Howe); on warning lights on the highway—absolute duty versus reasonable measures (Mackie); on automobiles—dangerous instrumentality doctrine—negligence (Lyness); on the tort liability of a building contractor to third persons injured after completion of work (Conger); and on silence as fraudulent concealment—vendor and purchaser—duty to disclose (Lyness)
Washington Case Law—1960; Attorney-Client, Leon Misterek
Washington Case Law—1960; Attorney-Client, Leon Misterek
Washington Law Review
Presented below is the eighth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1960. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …
Constitutional Law, Walter C. Howe Jr.
Constitutional Law, Walter C. Howe Jr.
Washington Law Review
Covers cases on the right to counsel.
Criminal Law, Lloyd W. Peterson
Criminal Law, Lloyd W. Peterson
Washington Law Review
Covers observations on State v. Beck on "the joint problems of delineating the function of the grand jury and the protections required to be afforded those who appear in a grand jury proceeding" and related cases.
Domestic Relations, Dale Kremer
Domestic Relations, Dale Kremer
Washington Law Review
Covers cases on the modification of child custody awards—jurisdictional requirements.
Judicial Administration, Charles F. Abbott Jr.
Judicial Administration, Charles F. Abbott Jr.
Washington Law Review
Covers cases on the inherent power of the court—constitutional grant of power—contempt.
Jurisdiction, Leon Misterek
Jurisdiction, Leon Misterek
Washington Law Review
Covers cases on state jurisdiction over Indian country.
Municipal Corporations, C. David Sheppard
Municipal Corporations, C. David Sheppard
Washington Law Review
Covers cases on the suspension or revocation of a driver's license by police courts.
Pleading, Practice, And Procedure, C. David Sheppard
Pleading, Practice, And Procedure, C. David Sheppard
Washington Law Review
Covers cases on the abolition of the show cause order.
Trusts, Paul A. Webber
Trusts, Paul A. Webber
Washington Law Review
Covers cases on the doctrine of cy pres—general charitable intent.
Wills, David L. Williams
Wills, David L. Williams
Washington Law Review
Covers cases on joint and mutual wills—lapse of the interest of the third party devisee.
Workmen's Compensation, Robert Debruyn
Workmen's Compensation, Robert Debruyn
Washington Law Review
Covers cases on hearsay evidence—doctor's opinion.
Unauthorized Practice Of Law, Edward B. Mackie
Unauthorized Practice Of Law, Edward B. Mackie
Washington Law Review
Covers cases on a real estate broker held liable in damages for the unauthorized practice of law.
United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger
United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger
Washington Law Review
In Hess v. United States, the Government was held liable for the death of a workman who was participating in the repair of the Bonneville Dam on the Columbia River, though the district court found that the Government was in no way negligent.
Interlocutory Appellate Review Via Extraordinary Writ, Bennett Feigenbaum
Interlocutory Appellate Review Via Extraordinary Writ, Bennett Feigenbaum
Washington Law Review
The delays inherent in appellate review long have been a source of discomfort to the profession. As a result, resourceful counsel have developed all manner of practices over the years to reduce appellate delay. Among these has been the utilization of the extraordinary writ as a means of interlocutory appellate review. That such is not the normal function of the extraordinary writ either historically or logically is beyond dispute. Nevertheless, further resort to writ practice is inevitable and imminent. As the backlog in the state supreme court increases each term, the problem of delay becomes more acute, and lawyers are …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iv), Richard Cosway
Washington Law Review
Continues with section 2-501, Insurable Interest in Goods; Manner of Identification of Goods
Recent Federal Case, Robert Baronsky
Recent Federal Case, Robert Baronsky
Washington Law Review
Covers wiretapped evidence—suit in federal court to enjoin testimony in state proceeding.
Private Easements In Public Ways, Morton G. Herman
Private Easements In Public Ways, Morton G. Herman
Washington Law Review
Two basic rights will be separately discussed in this Comment. First, the public right of user in streets dedicated for public use will be referred to as the "public easement"; and second, the private right of user created by estoppel, hereinafter called the "private easement." Although each is created in a similar manner, each propagates common as well as distinguishable property rights. In connection with the discussion of these easements, some reference will also be made to other analogous easements created by similar theories, for the purpose of furnishing background and comparison.
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Washington Law Review
After a judgment has been entered by a superior court, counsel is sometimes confronted with the problem of what steps may be taken to remedy alleged errors or mistakes. The obvious alternative is that of appeal. There are, however, other possibilities which are perhaps less widely known which may equally well serve to attain the end sought. It is the purpose of this article to examine these other possibilities for obtaining vacation and correction of judgments. The inquiry will be directed to such questions as what grounds will suffice for obtaining relief, what procedures must be followed, and what are …
Toward Effective Municipal Zoning, Arval Morris
Toward Effective Municipal Zoning, Arval Morris
Washington Law Review
Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Washington Law Review
The purpose of this article is to assist in the re-examination of Washington water law by looking at the parts of that law encompassed within the labels "riparian" and "appropriation." The first few pages will sketch some of the current trends in water use, showing some of the remarkable differences in use between the first part of the century and today, and between the eastern and western parts of the state. The balance of the article will examine the two systems to see where they are meeting current needs of the state and where they are not. Several questions will …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iii), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iii), Richard Cosway
Washington Law Review
A continuation of the article, this piece begins with section 2-312, Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement.
Rights And Remedies Of Union Members; Federal Law Or State Law?, Joyce M. Thomas
Rights And Remedies Of Union Members; Federal Law Or State Law?, Joyce M. Thomas
Washington Law Review
Since the passage of the labor reform legislation of 1959, a member of a labor organization engaged in an industry affecting commerce has certain federally-recognized rights in addition to his rights under state law. In many instances he may have a choice between a state and a federal forum when he seeks a remedy against his union. In this Comment, the federal rights and remedies and the existing Washington law will be examined in broad summary form1 in order to evaluate the factors influencing the choice of forum.
Thoughts On Capital Punishment, Arval Morris
Thoughts On Capital Punishment, Arval Morris
Washington Law Review
Legal practices vary in states which allow the death penalty, but a jury can usually levy or recommend life imprisonment. Nevertheless, capital punishment flourishes in states which provide the alternate penalty. In one way or another, this optional life-or-death feature of legal litany necessitates that jurymen answer: "Do you think this defendant ought to be killed?" Citizens shirk this decision and often refuse to serve on death penalty cases. If this practice of citizen disqualification becomes widespread, it may well raise the question eventually of whether the death penalty has systematically excluded citizens to such an extent that it no …
Standing Requirements For Obtaining Review Of Governmental Action In Washington, Cornelius J. Peck
Standing Requirements For Obtaining Review Of Governmental Action In Washington, Cornelius J. Peck
Washington Law Review
A discussion of the requirements for obtaining review of governmental action might quickly degenerate into a sterile exercise in classification and distinction of the various situations in which challenges to governmental action were permitted or denied. The situations in which a person's interests, privileges, or rights have been sufficiently involved to confer upon him the standing to obtain review are many and varied. Certainly the Washington cases, which draw distinctions, later to be repudiated or ignored, between state action and municipal action and between expenditure of funds and control of property, as well as the various pertinent statutory provisions, offer …