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Articles 2491 - 2520 of 3365
Full-Text Articles in Law
Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer
Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer
Washington Law Review
Is an easement across federal lands implied when the United States has granted a tract of land to which the grantee would otherwise have no practical means of access? In the recent case of Bydlon v. United States, the Court of Claims implied an affirmative answer in holding that the ancient doctrine of ways of necessity applied to Government grants to create access easements by air. The purpose of this Comment is to determine the validity of that conclusion and the extent to which it may be utilized to give life to dormant easements. Particular attention will be given to …
The Scope Of Washington's Business And Occupation Tax, William L. Carter
The Scope Of Washington's Business And Occupation Tax, William L. Carter
Washington Law Review
For the privilege of engaging in business activities, Washington imposes a tax measured by the application of rates against value of products, gross proceeds of sales, or gross income of the business, as the case may be. Business is defined as including "all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly." This is an extremely broad base for taxation and, consequently, this tax has been one of great interest to the legislature, especially in recent years when it has provided considerable revenue for the state. …
Confessions And Criminal Procedure—A Proposal, George Neff Stevens
Confessions And Criminal Procedure—A Proposal, George Neff Stevens
Washington Law Review
The time has come to review in the light of United States Supreme Court decisions the procedures presently employed by state courts in testing the voluntariness of confessions in criminal cases. If these procedures be wanting, new procedures should be and must be devised which will give promise of assuring compliance with the standards established by these United States Supreme Court decisions.
Report On Clients' Indemnity Fund, Hilton Gardner
Report On Clients' Indemnity Fund, Hilton Gardner
Washington Law Review
Some years ago the American Bar Association started a study of clients' security funds and appointed a committee known as the Committee on Clients and Security Funds. This committee of the State of Washington had frequently been asked just what is such a fund. Now a clients' security fund is a fund voluntarily established by the bar association for the purpose of reimbursing clients in those few instances in which a lawyer, while the attorney-client relationship existed, has misappropriated his clients' funds. The American Bar Association committee recommended the establishment of such funds by both state and local bar associations.
Double Jeopardy And Dual Sovereignty, James M. Feeley
Double Jeopardy And Dual Sovereignty, James M. Feeley
Washington Law Review
This Comment has been prompted by two recent United States Supreme Court decisions, Bartkus v. Illinois, and Abbate v. United States. In the former decision Bartkus, the defendant, was tried in the Federal District Court for the Northern District of Illinois on December 18, 1953, for the robbery of a federally insured savings and loan association of Cicero, Illinois, in violation of a federal statute. There was a jury trial and Bartkus was acquitted. Then on January 8, 1954, Bartkus was indicted by an Illinois grand jury charging a violation of a state robbery statute. This time Bartkus was convicted, …
Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck
Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck
Washington Law Review
Continues with conditions; and breach of promise as an excuse for failure to perform a return promise.
The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover
The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover
Washington Law Review
In Curtis Bros., Inc., the National Labor Relations Board (NLRB) first enunciated the rule that picketing for recognition by a union representing a minority of the employees was an unfair labor practice because it violated section 8(b) (1) (A) of the National Labor Relations Act. The doctrine has never had the full support of all Board members. Moreover the initial reaction of the reviewing courts to this ruling has been unfavorable. The Curtis doctrine has been entirely rejected by the District of Columbia Court of Appeals, upon review of the Board's decision of the case, and partially rejected by one …
Commercial Law, Robert L. Taylor
Criminal Law, Arval A. Morris
"The Place Of The Wrong": Torts And The Conflict Of Laws, George W. Stumberg
"The Place Of The Wrong": Torts And The Conflict Of Laws, George W. Stumberg
Washington Law Review
In an article published in 1951, a well-known English authority on conflict of laws remarked, "To a foreign observer, it seems extraordinary that there should be so much uncertainty in the United States as to what law governs the validity of a contract, and so much uncritical acceptance of the rule that tort liability is governed by the law of the place of wrong."' The writer was referring, of course, to the rule embodied in the Restatement of Conflict of Laws, according to which the place of the wrong is that place where the tortious conduct of the defendant has …
Washington Legislation—1959; Administrative Law, Philip A. Trautman, Cornelius J. Peck
Washington Legislation—1959; Administrative Law, Philip A. Trautman, Cornelius J. Peck
Washington Law Review
The following articles, the work of the faculty of the School of Law and a member of the Washington Bar, constitute the first academic comment on the laws of 1959. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are merely a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Administrative Law section covers the Administrative Procedure Act (Trautman and Peck) and counties—coordination of administrative procedures (Trautman).
Constitutional Law, Robert L. Fletcher
Constitutional Law, Robert L. Fletcher
Washington Law Review
Covers seizure and destruction of obscene materials.
Corporation Law, J. Gordon Gose
Corporation Law, J. Gordon Gose
Washington Law Review
Covers the Massachusetts Trust Act of 1959 and the Securities Act of Washington.
Elections, Alfred Harsch
Elections, Alfred Harsch
Washington Law Review
Covers primary and general elections for judges.
Labor Law, Cornelius J. Peck
Labor Law, Cornelius J. Peck
Washington Law Review
Covers the Washington minimum wage and hour act.
Procedure, Philip A. Trautman
Procedure, Philip A. Trautman
Washington Law Review
Covers expansion of in personam jurisdiction—force and effect of service of process outside of the state, court costs in actions by and against the state or a county, and jurors' fees.
Real Property, Harry M. Cross
Real Property, Harry M. Cross
Washington Law Review
Covers the rule of perpetuities in trust dispositions and assessment and taxation of easements.
Security Transactions, Warren L. Shattuck
Security Transactions, Warren L. Shattuck
Washington Law Review
Covers material and equipment suppliers' liens—time of giving notice of lien to property owners and priorities between liens.
Trusts, R. H. Nottelmann
Taxation, Max Kaminoff
Contracts In Washington, 1937-1957: Part Ii, Warren L. Shattuck
Contracts In Washington, 1937-1957: Part Ii, Warren L. Shattuck
Washington Law Review
Continues with assignment of rights and delegation of duties or conditions.
Right To Jury Trial In Washington—Present And Future, Philip A. Trautman
Right To Jury Trial In Washington—Present And Future, Philip A. Trautman
Washington Law Review
A perennial problem confronting the attorney preparing for trial is whether his client has a right to a jury. In many, probably most, instances a trial to the court will be desired by all parties concerned. This may be because of the fear of prejudice on the part of a jury, or the desire for a more speedy trial before the judge, or the object of cutting expenses, or any of the other innumerable factors to be weighed in determining whether judge or jury is best for one's particular case. In other instances the sole question at issue will be …
Search And Seizure—Due Process Of Law—Municipal Health Inspections—Frank V. Maryland, 79 Sup. Ct. 804 (1959), William B. Stoebuck
Search And Seizure—Due Process Of Law—Municipal Health Inspections—Frank V. Maryland, 79 Sup. Ct. 804 (1959), William B. Stoebuck
Washington Law Review
Answering a complaint, an inspector from the Baltimore health department searched defendant's neighborhood. After finding evidence behind defendant's home that suggested rats were inside, the inspector requested entry of defendant, which was refused. The inspector left and returned the next day for further exterior examination of the home but, not finding defendant there, again made no entry. Within a few days defendant was arrested, tried by a magistrate, convicted, and fined twenty dollars for violation of a Baltimore health ordinance requiring householders to admit health inspectors. The Baltimore Criminal Court affirmed the conviction, the Maryland Supreme Court denied certiorari, and …
Contracts, David C. Cummins, Morton G. Herman, Gene G. Olson
Contracts, David C. Cummins, Morton G. Herman, Gene G. Olson
Washington Law Review
Covers cases on options to purchase realty—manner of acceptance (Cummins), on the implied warranty of fitness as applied to building contracts—builder's liability for defects (Herman), and on subrogation—public construction contract—right of surety to unpaid funds upon contractor's default—effect of non-assignment and withholding provisions (Olson).
Constitutional Law, Gene G. Olson, Frank J. Woody, R. Ted Bottiger
Constitutional Law, Gene G. Olson, Frank J. Woody, R. Ted Bottiger
Washington Law Review
Covers cases on court interpretation of the power to amend initiatives (Olson), on occupational tax—interstate commerce—due process (Woody), and on freedom of the press—prior restraint—procedural due process—equal protection—Washington comic book statute (Bottiger).
State And Local Government, Donald P. Lehne, John F. Colgrove, James D. Nutting
State And Local Government, Donald P. Lehne, John F. Colgrove, James D. Nutting
Washington Law Review
Covers cases on municipal corporations—labor unions—right of municipal employees to strike—governmental and proprietary functions (Lehne); on the incorporation of municipalities—delegation of legislative powers (Colgrove); on the legislative power of first-class cities—use of parking meters for private advertising purposes upheld (Nutting); and on eminent domain—market value—valuation of mineral deposits (Colgrove).
Real Property, Morton G. Herman
Real Property, Morton G. Herman
Washington Law Review
Covers cases on easements—rights of nonabutting property owners.
Washington Case Law—1958; Administrative Law, Philip B. Wilson
Washington Case Law—1958; Administrative Law, Philip B. Wilson
Washington Law Review
Presented below is the sixth 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 third-year students on the staff 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 1958. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute …
Community Property, Richard W. Shelton
Community Property, Richard W. Shelton
Washington Law Review
Covers cases on the surrender value of community insurance subject to inheritance tax and on distinguishing community and separate property.
Criminal Law, Timothy R. Clifford
Criminal Law, Timothy R. Clifford
Washington Law Review
Covers cases on the right to counsel—waiver—indigent prisoners and on aiding and abetting distinguished—effect of knowledge.