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Washington Law Review

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Articles 2551 - 2580 of 3365

Full-Text Articles in Law

Local Government Law, Anon Jul 1958

Local Government Law, Anon

Washington Law Review

Summarizes a case on declaratory judgment—municipal corporations and another on discharge of Seattle city employees—civil service—Seattle City Service Commission.


Attorney And Client, Anon Jul 1958

Attorney And Client, Anon

Washington Law Review

Contains a summary of one case on the wilful failure to pay income taxes as grounds for disbarment.


Washington Case Law—1957; Administrative Law, Stephen C. Watson Jul 1958

Washington Case Law—1957; Administrative Law, Stephen C. Watson

Washington Law Review

Presented below is the fifth 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 1957. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute …


Real Property, Floyd L. Newland Jul 1958

Real Property, Floyd L. Newland

Washington Law Review

Covers cases on limited-access higway condemnation—compensation for loss of easement of access—measure of compensation and on adverse user—necessity of claim of right.


Community Property, James V. O'Conner Jul 1958

Community Property, James V. O'Conner

Washington Law Review

Covers cases on mutual observance by spouses of separate property agreements.


Contracts, Allan D. Loucks Jul 1958

Contracts, Allan D. Loucks

Washington Law Review

Covers cases on insurance contracts—breach by anticipatory repudiation and on third-party beneficiary contracts.


Corporations, John Hoover Jul 1958

Corporations, John Hoover

Washington Law Review

Covers cases on the right to repurchase shares.


Domestic Relations, Philip Austin Jul 1958

Domestic Relations, Philip Austin

Washington Law Review

Covers cases on direct support by a father as a defense to his liabiity for nonpayment of child support money and on enforcement of a foreign separate support judgment.


Evidence, Douglas M. Fryer Jul 1958

Evidence, Douglas M. Fryer

Washington Law Review

Covers cases on the physician-patient privilege—waiver and on hearsay—business records exception—hospital records—scope of admissible matter.


Labor Relations, Fred Bruhn Jul 1958

Labor Relations, Fred Bruhn

Washington Law Review

Covers cases on federal pre-emption under Taft-Hartley—interference with employment as an unfair labor practice as a common law tort.


Practice And Procedure, James C. Young Jul 1958

Practice And Procedure, James C. Young

Washington Law Review

Covers cases on landlord and tenant—unlawful detainer—jurisdiction over the person and on dismissal and nonsuit—voluntary nonsuit—nature of right.


Sales, James M. Hilton Jul 1958

Sales, James M. Hilton

Washington Law Review

Covers cases on recovery on breach of implied warranty of fitness—necessity of contractual privity.


Security Transactions, Anon Jul 1958

Security Transactions, Anon

Washington Law Review

Summarizes a case on mortgages—obligation requirement and another on chattel mortgages executed in foreign jurisdictions—their validity—rights of creditors with regard thereto.


Tax, William F. Lenihan, Robert D. Green Jul 1958

Tax, William F. Lenihan, Robert D. Green

Washington Law Review

Covers cases on the retail sales tax—construciton of home by speculative builder not a retail sale; on retail sales tax as tax on gross sales of vendor; on use tax—consumer and exceptions thereto defined—taxation of property consumed during manufacturing process (Lenihan); and on state taxation of exports (Green).


Torts, Charles J. Mcmurchie Jul 1958

Torts, Charles J. Mcmurchie

Washington Law Review

Covers cases on strict liability disguised in terms of negligence and on false imprisonment—arrest without a warrant in misdemeanor cases.


Trusts, Fred Bruhn Jul 1958

Trusts, Fred Bruhn

Washington Law Review

Covers cases on resulting trusts—purchase money paid by resulting trustee as loan to beneficiary.


Workmen's Compensation, Theordore O. Torve Jul 1958

Workmen's Compensation, Theordore O. Torve

Washington Law Review

Covers cases on the longshoremen's act—right to sue fellow employees and on third-party tort action by a workman under the Industrial Insurance Act against a physician for malpractice.


Wills And Probate, William Roetcisoender Jul 1958

Wills And Probate, William Roetcisoender

Washington Law Review

Covers cases on objection to probate of will at time of original application for probate and on executors and administrators—mortgagee's right to a deficiency judgment against other assets of the estate or against the executor.


Effect Of Adoption Of The Model State Administrative Procedure Act On Existing Administrative Procedures In Washington, John J. O'Connell Mar 1958

Effect Of Adoption Of The Model State Administrative Procedure Act On Existing Administrative Procedures In Washington, John J. O'Connell

Washington Law Review

The absence of uniformity and co-ordination is perhaps best illustrated by reference to those agencies performing an administrative function without substantial legislative direction, such as the Tax Commission, and those agencies which operate under relatively rigid controls, such as the Department of Employment Security. This lack of uniformity has resulted in confusion of the public and members of the bar practicing before administrative agencies. Because of limited space, this discussion will be restricted to an examination of agencies which are representative of the many varied and separate administrative procedures in the state. Included is an appendix listing additional state agencies, …


The Model State Administrative Procedure Act, Bernard Schwartz Mar 1958

The Model State Administrative Procedure Act, Bernard Schwartz

Washington Law Review

Senate Bill 180, in its original form, incorporated the substance of the first seven sections of the Model State Administrative Procedure Act. It is this which makes specially relevant an article devoted to the Model Act in a symposium devoted to Washington administrative law. If, as appears likely, a bill similar to S.B. 180 should become law in the near future, it is important to have available in this state a convenient analysis of the parent legislation from which the Washington law will, in large part, have been derived.


Administrative Law Problems Of Delegation And Implementation In Washington, Philip A. Trautman Mar 1958

Administrative Law Problems Of Delegation And Implementation In Washington, Philip A. Trautman

Washington Law Review

It is the purpose of this article to examine the bases upon which the Washington court has approved or disapproved the granting of power to persons and agencies other than those specified in the constitution—delegation, and to note generally the limitations which have been placed upon those persons and agencies in exercising the powers granted to them—implementation.


The Scope Of Judicial Review Of Administrative Action In Washington, Cornelius J. Peck Mar 1958

The Scope Of Judicial Review Of Administrative Action In Washington, Cornelius J. Peck

Washington Law Review

The scope of judicial review of administrative action in the state of Washington is a subject to be approached with caution. The number and variety of statutory review provisions make the possibility of summarizing the law and drawing valid and useful conclusions seem near to impossible. Though some cases quite clearly discuss the factors which affect the scope or intensity of judicial review of particular types of administrative action, other cases in which such analysis is much needed fail to mention or discuss the problem. One is led to wonder whether the law is truly to be found in those …


The Board Of Industrial Insurance Appeals After Nine Years: A Partial Evaluation, Donald H. Wollett Mar 1958

The Board Of Industrial Insurance Appeals After Nine Years: A Partial Evaluation, Donald H. Wollett

Washington Law Review

Prior to 1949 the Department of Labor and Industries adjusted claims made under the Washington Industrial Insurance Act arising out of industrial injury, death, and disease, subject to review by the superior courts. Initial determinations were made ex parte by the Supervisor of Industrial Insurance. Appellate determinations, where a re-hearing was requested, were made by the Joint Board, consisting of the Director of the Department and two of his subordinates—the same Supervisor of Industrial Insurance who had made the initial determination, and the Supervisor of Safety. The Joint Board's primary function was quasi-judicial. However, since the tribunal consisted of the …


Model State Administrative Procedure Act, Anon Mar 1958

Model State Administrative Procedure Act, Anon

Washington Law Review

No abstract provided.


Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen Nov 1957

Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen

Washington Law Review

The acquisition by cities and towns of private property, and to some extent public property also, is provided for in Chapter 8.12 RCW, which enumerates the public purposes for which such property may be acquired upon payment of "just compensation." The statement of public purposes included in that chapter relate in the main to the furtherance of the governmental as distinguished from the proprietary functions of cities and towns. Said chapter is implemented and supplemented as to the latter functions by Chapter 80.40 RCW, which relates to the needs of cities and towns in the exercise of their proprietary functions, …


Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt Nov 1957

Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt

Washington Law Review

The following remarks on law, procedure, problems and preparation for trial of a condemnation case are not intended as a text for condemnation. I mention only some aspects of this highly diversified field; no set pattern can be applied to each and every condemnation trial. This discussion concerns state condemnation rather than condemnation by city or county. Highway design, right-of-way acquisition and construction require time. Because of the tremendous demand in our state for highway improvements, this field of condemnation is ever-expanding.


The Juvenile Court Law Of Washington: Its History And Basic Considerations For Its Revision, Van R. Hinkle Nov 1957

The Juvenile Court Law Of Washington: Its History And Basic Considerations For Its Revision, Van R. Hinkle

Washington Law Review

Although the Juvenile Court is considered a 20th-century development, the middle of the 19th century saw the establishment in several eastern states of private hearings in cases involving children and the creation of special reform schools for juveniles. This action marked the first formalized recognition of the need for specialized procedures whereby the Anglo-Saxon judicial tradition of affording special protection to children might be continued.


Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates Nov 1957

Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates

Washington Law Review

Following are some of the papers on condemnation law presented at one of the Legal Institutes held as a part of the annual meeting of the State Bar Association. These institutes are of great benefit to those who are able to attend and participate in them, but, as stated in the speech of Mr. Rhyne, President of the American Bar Association, there is a need to disseminate the material gathered at such institutes to lawyers who are not able to attend the proceedings. The editors of the Washington Law Review take great pleasure in publishing these papers, as a service …


The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures: Part Ii, Robert Meisenholder Nov 1957

The Effect Of Proposed Rules 7 Through 25 On Present Washington Procedures: Part Ii, Robert Meisenholder

Washington Law Review

Proposed rules 7 through 12 of the Rules of Pleading, Practice and Procedure, recommended by the Judicial Council and published by the Supreme Court, were considered in the Autumn, 1957, issue of the Law Review.' This second article includes comment on the general changes in present practice which would be made by proposed rules 13 through 25 and by proposed rule 42. These rules are concerned primarily with parties and joinder of claims. In run-of-the-mine cases they will not be as important as the pleading rules already discussed.


Extraterritorial Effect Of The Washington Workmen's Compensation Act And Constitutional Implications, Peter J. Samuelson Nov 1957

Extraterritorial Effect Of The Washington Workmen's Compensation Act And Constitutional Implications, Peter J. Samuelson

Washington Law Review

The extraterritorial effect of worknen's compensation acts offers problems of a complex nature which have often led to confusion and excessive litigation. Problems involved include not only the application of substantive and procedural workmen's compensation law, but also constitutional considerations of due process and full faith and credit. The general area is usually treated under the subject of conflict of laws.