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Articles 2521 - 2550 of 3365
Full-Text Articles in Law
Damages, Donald P. Lehne
Damages, Donald P. Lehne
Washington Law Review
Covers cases on damages for mental suffering resuslting from breach of contract.
Domestic Relations, Frank J. Woody
Domestic Relations, Frank J. Woody
Washington Law Review
Covers cases on property settlement agreements—contempt—imprisonment for debt.
Natural Resources, Stanley B. Allper
Natural Resources, Stanley B. Allper
Washington Law Review
Covers cases on the right to waters of once-diverted stream flowing in a natural channel.
Practice And Procedure, Marjorie D. Rombauer
Practice And Procedure, Marjorie D. Rombauer
Washington Law Review
Covers cases on summary judgment and on misconduct of a party—shadowing jurors.
Tax, Anon
Tax, Anon
Washington Law Review
Summarizes a case on excise tax on sale of real estate—effect of subsequent rescission and another case on inheritance tax—cash value of insurance policy subject to taxation.
Torts, John L. Neff, James M. Feeley, Stanley B. Allper
Torts, John L. Neff, James M. Feeley, Stanley B. Allper
Washington Law Review
Covers cases on constitutional takings and constitutional damaging—wrongful activity by municipal corporation—recovery against airport by adjacent property owners—airspace ownership (Neff); on misrepresentation as a "fraudulent act" of the insured (Feeley); and on negligence—consequence of failure to obey posted traffic control—efficacy of "yield right of way" sign (Allper).
Wills And Probate, Stanley B. Allper
Wills And Probate, Stanley B. Allper
Washington Law Review
Covers cases on executors and administrators—accountability of administratrix for rental value of residence.
Workmen's Compensation, Toni Rembe
Workmen's Compensation, Toni Rembe
Washington Law Review
Covers cases on horseplay during the course of employment.
Court Supervision Of The Administration Of Estates And Guardianships, Philip H. Austin
Court Supervision Of The Administration Of Estates And Guardianships, Philip H. Austin
Washington Law Review
In June 1958 The Probate Committee of the King County Superior Court, under the chairmanship of Judge Eugene A. Wright, initiated an experiment in court supervision of probate administration. The primary purpose of the program is to insure that persons serving as personal representatives of the estates of decedents, or as guardians of the estates of minors and incompetent persons, are properly and expeditiously performing the duties of their offices, as prescribed by law. The writer of this Comment, a third-year law student at the University of Washington, was employed on a part-time basis to work for the committee on …
Traffic Victims—Tort Law And Insurance, By Leon Green (1958), Cornelius J. Peck
Traffic Victims—Tort Law And Insurance, By Leon Green (1958), Cornelius J. Peck
Washington Law Review
In a book which has already received much comment and surely will receive more, one of America's leading authorities on the law of torts has reviewed the historic development of principles for determining liability and explored the inadequacies of the existing legal system for distributing the enormous losses caused by modern traffic. The conclusion he reaches is that a system of compulsory liability insurance must be substituted for present-day negligence law. He then sets out the basic features of such a system.
Advisory Opinions—Present Status And An Evaluation, George Neff Stevens
Advisory Opinions—Present Status And An Evaluation, George Neff Stevens
Washington Law Review
As the term is used in the United States today, an advisory opinion is a formal opinion by a judge or judges of a supreme court, or by a supreme court, in answer to a question of law, submitted by a legislative body or a governor, a council, or a governor and council, of a state, which question is not related to nor concerned with a case or controversy in actual litigation at the time, and which does not involve private rights.
Foreign Ex Parte Divorces And Local Claims To Alimony, George W. Stumberg
Foreign Ex Parte Divorces And Local Claims To Alimony, George W. Stumberg
Washington Law Review
It will be recalled that in Williams v. North Carolina, the Supreme Court of the United States held that the fact of domicile as a jurisdictional factor for divorce may be questioned abroad when the matter of full faith and credit is in issue there. On the same day that this case was decided, a majority of the Court arrived at the same conclusion in the case of Esenwein v. Commonwealth of Pennsylvania. Except for the concurring opinion of Justice Douglas, the Esenwein case would have no particular significance. The background facts were similar to those in the second Williams …
Contracts In Washington, 1937-1957 (Part I), Warren L. Shattuck
Contracts In Washington, 1937-1957 (Part I), Warren L. Shattuck
Washington Law Review
Reliable information about trends, developments, and possible abberations in an area as extensive as contracts is difficult to achieve by reading advance sheets as they appear. The preparation of this article has been in part motivated by a desire to acquire such information, related to the Washington decisions of the twenty years just past. Another motivation has been reluctance to let die of inattention a project initiated in 1935 with the publication of the Washington Annotations to the Restatement of the Law of Contracts. Such annotations make the Restatement more useful, and provide ready access to the Washington cases for …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code, Ralph W. Johnson
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code, Ralph W. Johnson
Washington Law Review
The purpose of this article is to analyze and comment upon the changes that the Code would make on the sales law of Washington. Article 2 of the Code would entirely replace the existing Uniform Sales Act in Washington and some of the Washington case law.
The Jones Act: The Employer As An Insurer; Constitutional Aspects, Douglas M. Fryer
The Jones Act: The Employer As An Insurer; Constitutional Aspects, Douglas M. Fryer
Washington Law Review
In Kernan v. American Dredging Co., the United States Supreme Court categorically rejected negligence as a test of liability under the Jones Act. Thus, for the first time the Court has stated what has been apparent for some time: that proof of negligence, in the common-law sense of the term, is no longer necessary to recover in a Jones Act suit. This Comment will attempt to trace the gradual erosion of tort theory as the standard and the re-establishment of what now seems to be liability without fault. A constitutional problem raised by this trend has not as yet been …
The English Statute Of Frauds In Washington, John I. Neff
The English Statute Of Frauds In Washington, John I. Neff
Washington Law Review
The English statute of frauds is the law in Washington "so far as it is not inconsistent with the Constitution and laws ... of the state of Washington nor incompatible with the institutions and condition of society in this state, .. ."' This Comment is concerned with the problem of whether the Washington statutes have entirely displaced the English statute in regard to the requirement of a writing and with some of the problems presented by the application of the statutes of frauds in Washington.
Former Jeopardy On Retrial, Lawrence M. Ross
Former Jeopardy On Retrial, Lawrence M. Ross
Washington Law Review
The Supreme Court of the United States, in Green v. United States, was for the first time squarely presented with a much-debated and much-litigated question involving former jeopardy. Defendant Green was indicted on two counts, the first alleging arson and the second, the death of a woman resulting from that arson. If the defendant were guilty of arson and the arson caused the death of the woman, it would clearly amount to murder in the first degree under the felony-murder doctrine, as provided in Washington, D.C., Code 22-2401. The trial court, mistakenly believing that second degree murder was a lesser-included …
The Privilege Against Self-Incrimination As Applied To Custodians Of Organizational Records, William H. Fraser
The Privilege Against Self-Incrimination As Applied To Custodians Of Organizational Records, William H. Fraser
Washington Law Review
One of the most critical areas of the courts' inquisitorial power involves organizational documents—books and records of the business, social, and political combines so much a part of the modern American scene. The development of the "organization man," and the diverse associations to which he belongs, has focused government attention—and regulation—upon the activities of large numbers of combinations, associations, and organizations. Perhaps it is pertinent to ask what areas of organization activity remain immune from the government subpoena. When may an officer or member rely upon the privileges he could assert with regard to his private affairs?
The Use Of Survey Evidence In Antitrust Proceedings, William N. Early
The Use Of Survey Evidence In Antitrust Proceedings, William N. Early
Washington Law Review
However, the enforcement agencies have discovered an evidentiary shortcut about which the average antitrust practitioner knows little or nothing. It is with this evidentiary shortcut—survey evidence—that this article deals.
Heart Attack Cases Under The Washington Workmen's Compensation Act, Floyd L. Newland
Heart Attack Cases Under The Washington Workmen's Compensation Act, Floyd L. Newland
Washington Law Review
The recent case of Windust v. Department of Labor and Industries brought an important change in Washington workmen's compensation law with the overruling of a long-standing rule relating to recovery under workmen's compensation for heart failure. The Windust case apparently means there can be recovery for heart failure resulting from strain only when the strain is "unusual." It appears that if the worker is doing only a routine act there can be no recovery. Though the new rule is not definitively articulated at this point, this inquiry will attempt to assess what the Washington Supreme Court has done and indicate …
A Study Of State Income Taxation In Washington, James V. O'Conner, Robert E. Schillberg
A Study Of State Income Taxation In Washington, James V. O'Conner, Robert E. Schillberg
Washington Law Review
Attempts to enact a net income tax in the State of Washington have been numerous and unsuccessful. Several statutes have been passed which would have levied net income taxes on individuals, and several other statutes have been passed which would have levied such taxes on corporations. However, all these enactments have been held unconstitutional, either under the United States Constitution or the Washington state constitution. As might be expected, there have been attempts to amend the state constituion to make it permissible to levy a net income tax. These attempts have all met with failure, either in the legislature or …
The Migratory Divorce, George W. Stumberg
The Migratory Divorce, George W. Stumberg
Washington Law Review
If, no matter what the reason for the migration, the spouse who has obtained the foreign decree returns to his usual abode, a court there may be confronted with the problem of the local effect of the decree. The problem is one which has been with us with varying degrees of intensity since almost the very formation of the American Union.
The Supreme Court And National Security, Osmond K. Fraenkel
The Supreme Court And National Security, Osmond K. Fraenkel
Washington Law Review
The framers of the Constitution well understood that fear for the safety of the state might result in tyranny and injustice. In the 17th Century, England had had a spate of treason trials, many of them spurred by the notorious informer Titus Oates. In the 18th, John Wilkes' fight against general warrants had had its echoes in Massachusetts. The speech of James Otis on similar abuses was described by John Adams as the birth of the "child Independence." And France had yielded many instances by its use of the infamous lettres de cachet. No doubt these examples contributed to the …
State Power To Regulate Labor Unions—Major Developments During The Supreme Court's 1957-58 Term, Donald H. Wollett
State Power To Regulate Labor Unions—Major Developments During The Supreme Court's 1957-58 Term, Donald H. Wollett
Washington Law Review
Covers federal pre-emption and state power.
The Constitutional Aspects Of Washington's Fiscal Crisis, Alfred E. Harsch, George A. Shipman
The Constitutional Aspects Of Washington's Fiscal Crisis, Alfred E. Harsch, George A. Shipman
Washington Law Review
The aim of this paper is to sketch the scope and nature of the current problem, to explore the legal rigidities that dominate it, and to suggest the apparent steps prerequisite to realistic, durable and workable solutions.
Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson
Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson
Washington Law Review
The case of In re Andy, a 1956 decision of the Washington Supreme Court, demonstrated that there are approximately 15,000 persons in the state of Washington who are not amenable to criminal prosecution under state law in certain situations, and in many instances are not amenable to either state or federal prosecution. These 15,000 persons are the Indians who live in our state but who reside in "Indian country" and have retained their status as wards of the federal government. The problem of investigating and prosecuting crimes committed by these Indians has confronted and frustrated both state and federal law …
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Washington Law Review
The purpose of this comment is to examine and analyze a group of recent decisions wherein persons convicted by state courts have sought writs of habeas corpus in federal district courts on the ground that the incompetence of counsel representing them at trial worked a deprivation of rights secured by the United States Constitution.
Jurisdictional Problems Between Washington's Workmen's Compensation Act And Federal Law, John D. Lawson
Jurisdictional Problems Between Washington's Workmen's Compensation Act And Federal Law, John D. Lawson
Washington Law Review
In this comment, the principal concern will be with the conflict between the federal law and the state act in respect to the railway worker and the shoreline worker whose activity takes him upon navigable waters of the United States. It is in these areas that the confusion as to jurisdictional matters becomes the most difficult to resolve. The applicable federal statutes are the Federal Employers' Liability Act covering railroad employees, and the Longshoremen and Harbor Worker's Act covering shoreline employees. The discussion in this paper will be devoted to ascertaining the extent of federal pre-emption and the area left …
Constitutional Law, William B. Stoebuck, Robert D. Green
Constitutional Law, William B. Stoebuck, Robert D. Green
Washington Law Review
Covers cases on dams and waterpower—eminent domain—interstate commerce—municipal corporations—res judicata—state officers—the Cowlitz Dam Case (Stoebuck) and on treaties with Indians—fishing rights (Green).
Criminal Law, Victor V. Hoff
Criminal Law, Victor V. Hoff
Washington Law Review
Covers cases on an indigent's right to a free transcript for use on appeal.