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Washington Law Review

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Articles 2611 - 2640 of 3365

Full-Text Articles in Law

Torts, Allen L. Carr Jul 1957

Torts, Allen L. Carr

Washington Law Review

Covers cases on res ipsa loquitur—right of control is sufficient to meet the requirement of exclusive control.


Trusts, John A. Hamill, William Fraser Jul 1957

Trusts, John A. Hamill, William Fraser

Washington Law Review

Covers cases on testamentary trusts—violations of the rule against perpetuitities—effect of saving clause (Hamill) and on bank deposits as tentative or "Totten" trusts (Fraser).


Workman's Compensation, Jerome Farris, David J. Whitmore Jul 1957

Workman's Compensation, Jerome Farris, David J. Whitmore

Washington Law Review

Covers cases on the substittion of a personal representative of a deceased claimant (Farris) and on recovery of independent contractors (Whitmore).


Privity; Property Damage; And Personal Injuries . . . A Re-Appraisal, Malcolm L. Edwards Jul 1957

Privity; Property Damage; And Personal Injuries . . . A Re-Appraisal, Malcolm L. Edwards

Washington Law Review

The responsibility of a vendor of personal property to persons other than his immediate vendee has troubled courts throughout our legal history. The primary purpose of this comment is to analyze this liability for personal injuries or property damage in an action for breach of warranty. The inquiry is strictly limited to those obligations which arise incidentally to a sale or contract to sell personal property. It does not extend to sales of realty or to those transactions which are not sales, such as service contracts and contracts of bailment. The discussion is further limited to the vendor's liability for …


Adequacy Of Notice—Due Process, George O'Dea Jul 1957

Adequacy Of Notice—Due Process, George O'Dea

Washington Law Review

The purpose of this comment is to survey some of the Washington statutes and case authorities which involve notice, and to discuss them in reference to a number of recent United States Supreme Court decisions involving procedural due process considerations. It is believed that a broadened scope and meaning have been attached to "notice," as a requirement of procedural due process. This survey has been confined to the areas categorized as proceedings in rem, but it is not exhaustive of them.


Say It Safely, Legal Limits In Journalism And Broadcasting, By Paul P. Ashley (1956), Thomas J. Brennan Mar 1957

Say It Safely, Legal Limits In Journalism And Broadcasting, By Paul P. Ashley (1956), Thomas J. Brennan

Washington Law Review

Mr. Ashley's book is a revision of his earlier volume, Essentials of Libel, published in 1948. It is a small book in which the author, a member of the Seattle Bar experienced in newspaper law, has attempted to provide the journalist and broadcaster with a handy check-list of the danger spots confronting them through the law of the press. It is, in the words of the author, a "Stop, Look and Listen handbook." Mr. Ashley has accomplished his purpose quite successfully.


Legal Significance Of "Capital Stock", J. Gordon Gose Mar 1957

Legal Significance Of "Capital Stock", J. Gordon Gose

Washington Law Review

The purpose of this article is to clarify, if possible, these different meanings. In essence, it will be shown that the first meaning, that is, "capital stock" in the sense of "shares", while possibly technically inaccurate is practically unimportant; second, that the concept of "capital stock" as "property" or as a "trust fund" for creditors is, if given a literal meaning, most inaccurate, confusing and unnecessary; and third, that the concept of "capital stock" as an "amount", is the only usage which is useful and correct under the present Washington statute.


Washington Timber Deeds And Contracts, Ralph W. Johnson Mar 1957

Washington Timber Deeds And Contracts, Ralph W. Johnson

Washington Law Review

The law of Washington concerning the interests conveyed by timber deeds and contracts is foggy. Many vital questions are still totally unanswered, or have been left in confusion, by the cases in point. The principal area of doubt revolves around the question of whether standing timber, which has been sold separately from the land on which it stands, is realty or personalty. The answer is vital for many reasons. It determines whether a husband has power as manager of the community to convey community-owned timber without his wife's signature, which statute of frauds applies to a timber transaction, which recording …


Free Speech, Due Process—And Contempt, Gordon L. Walgren Mar 1957

Free Speech, Due Process—And Contempt, Gordon L. Walgren

Washington Law Review

The power of a court to punish summarily for contempt has been likened to be "the nearest [thing] akin to despotic power of any power existing under our form of government." On the other hand, it has been praised as an inherent necessity if the courts are to exercise their functions properly. The balancing of these two considerations has perplexed the courts which have dealt with the contempt cases as they have come up through the years; that is, whether to limit the power, thereby possibly sacrificing judicial decorum and standing, or to allow it to remain unlimited as an …


Report Of The Judicial Council On Expediting The Work Of The Supreme Court, Alfred J. Schweppe Nov 1956

Report Of The Judicial Council On Expediting The Work Of The Supreme Court, Alfred J. Schweppe

Washington Law Review

The problem is the work load of the supreme court. According to the two most recent chief justices, Judge Hamley who has just left the rostrum, and Judge Donworth, who is here in the audience, the Supreme Court of the State of Washington is falling rather rapidly behind. In the May term of this year it was impossible for the court to set all of the cases that were ready for assignment. In the September term many cases now ready for assignment will go unset and cannot be set until the January term and the backlog of cases is increasing. …


Shall Advocacy Vanish?, J. A. Gooch Nov 1956

Shall Advocacy Vanish?, J. A. Gooch

Washington Law Review

The subject of my remarks indicates that at some time in the past and as of now advocacy has been practiced. To me advocacy is the backbone and the real strength of justice in this great land of ours. The term "advocate" has been linked with the legal profession—and properly so—from the beginning of time. We are a profession that has always taken an objective point of view, as contrasted with the negative or defensive point of view, to the end that principles and ideals shall be maintained.


Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond Nov 1956

Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond

Washington Law Review

The position of a person taking security interests in motor vehicles in Washington is plagued with uncertainties. A sharp increase in the rate of defaults on loans so secured could make that position not only uncertain, but precarious. This unsatisfactory state of affairs is caused by the obsolescence of the present system for providing constructive notice of such security interests. A comparison of that system, which consists of the Washington certificate of ownership statute and the conditional sales and chattel mortgage filing statutes, with the recently-drafted Uniform Motor Vehicle Certificate of Title and Anti-Theft Act makes this fact painfully obvious. …


The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck Aug 1956

The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck

Washington Law Review

The purpose of this article is a limited one. It contains no suggestions for a broad statutory scheme for distributing all the burdens and costs of government. Its purpose is to suggest no more than a workable and just construction for the discretionary function exception of the statute. For the greatest part, the suggestion is no more than what the legislative history of the exception suggests—that the courts take note of the special problems of determining the liability of the Government for torts and then proceed to decide the cases as they would have done if the exception were not …


Washington Water Rights—A Sketch, Arval A. Morris Aug 1956

Washington Water Rights—A Sketch, Arval A. Morris

Washington Law Review

The general water policy applicable to unappropriated land within Washington Territory was that of prior appropriation and was announced by the Congress at an early date.6 Congressional enactments were passed in order to conform policy to the then existing practice of appropriation of water to a beneficial use and to encourage settlement of new areas. The Desert Land Act of 1877 effected a severance of all unappropriated non-navigable water from the public domain and made these waters publici juris. In addition, the states, including those forthcoming from the territories, were given plenary control over the severed water and were allowed …


The Requirement For Making Findings Of Fact And Conclusions Of Law In Washington, William D. Cameron Aug 1956

The Requirement For Making Findings Of Fact And Conclusions Of Law In Washington, William D. Cameron

Washington Law Review

The doctrine that a court should make findings of fact and conclusions of law as the basis of a judgment in a case tried by a court without a jury originated with the so-called "Field" Procedure Code presented to the New York legislature in 1848. Paradoxically, most western states quickly incorporated the burdensome procedure into their respective codes, while New York admirably adopted a different system. Western states, like Washington where the system of findings as a basis of the judgment in a jury-waived case has been statutory since 1854, have by and large retained the procedure. In 1938 the …


Just Compensation And The Navigation Power, William J. Powell Aug 1956

Just Compensation And The Navigation Power, William J. Powell

Washington Law Review

The fifth amendment of the United States Constitution commands that private property shall not be taken for public use without just compensation. Many cases involve the issue of what constitutes just compensation for particular private property which has been taken. Few guiding principles have been formulated, other than a general proposition that just compensation is based upon the market value of the property with due consideration of all its available uses. The amount assessed under the above formula cannot be enhanced by any special use of the property to the Government, because just compensation means the amount of loss to …


The Questionable Status Of The Charitable Immunity, Robert M. Westberg Aug 1956

The Questionable Status Of The Charitable Immunity, Robert M. Westberg

Washington Law Review

Until 1953, charitable corporations in Washington enjoyed a limited immunity from tort liability. Until 1953, the extent of the immunity thus enjoyed was well enough defined so that the practitioner was assured that his predictions as to the outcome of future litigation would be reasonably accurate. However, two recent Washington cases dealing with the charitable immunity doctrine have effected the removal of much of the certainty from this area of the law, and thus prompt an analysis of the charitable immunity and its practical effect today.


Pre-Emption Of State Anti-Sedition Legislation By Federal Legislation, Betty B. Fletcher Aug 1956

Pre-Emption Of State Anti-Sedition Legislation By Federal Legislation, Betty B. Fletcher

Washington Law Review

In Commonwealth of Pennsylvania v. Nelson, 100 L.Ed. Adv. R. 415, Sup.Ct. 477 (1956), the United States Supreme Court, per Mr. Chief Justice Warren, sustained the decision of the Supreme Court of Pennsylvania, Western District, quashing the indictment of Steve Nelson under the Pennsylvania Sedition Act. (Under that indictment, he was tried, convicted, and sentenced to twenty years imprisonment, to a $10,000 fine and to costs of prosecution in the sum of $13,000 by the lower Pennsylvania court.) Subsequent to the state court trial, Nelson, an open and avowed communist, was tried and convicted under the federal anti-sedition act (the …


Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel Aug 1956

Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel

Washington Law Review

Giron et al. v. Cranor, 116 F.Supp. 92 (E.D.Wash. 1953), aff'd sub nom. Cranor v. Gonzales, 226 F.2d 83 (9th Cir. 1955), cert. denied, 350 U.S. 935 (1956) represents another significant step in the expanding supervision of state criminal proceedings by the federal courts. Petitioner was arrested without a warrant and held incommunicado for more than 24 hours by Seattle police. During this interval he was intensely interrogated and finally signed a statement which was offered as a confession at the murder trial of petitioner and his two alleged accomplices. Timely objection was made to the admission on the ground …


Corporations, Arthur T. Lane Jun 1956

Corporations, Arthur T. Lane

Washington Law Review

Covers cases on appraisal statutes—remedies of dissenting shareholders.


Real Property, Donald Louis Johnson Jun 1956

Real Property, Donald Louis Johnson

Washington Law Review

Covers cases on the power of revocation and on the status of the rule against undue postponement of enjoyment.


Washington Case Law—1955; Constitutional Law, Eugene C. Anderson Jun 1956

Washington Case Law—1955; Constitutional Law, Eugene C. Anderson

Washington Law Review

The articles of this survey have been prepared for publication as a part of the nominee program for membership on the Washington Law Review. The actual writing was done by the second-year members of the Law Review, under the guidance of the third-year members of the Board. The survey, the third of its kind, does not represent an attempt to discuss every Washington case decided in 1955. Rather, its purpose is to point out those cases which, in the opinion of the Board of Editors, constitute substantial additions to the body of law in Washington. Covers cases on: requirement that …


Contracts, Donald H. Bond Jun 1956

Contracts, Donald H. Bond

Washington Law Review

Covers cases on: offer and acceptance—waiver of condition; integrated contracts; third-party beneficiary contracts—intent of promisee; and enforceability of bonus plans.


Community Property, William H. Mays Jun 1956

Community Property, William H. Mays

Washington Law Review

Covers cases on tort liability and conflict of laws.


Creditors' Rights, Rex M. Walker Jun 1956

Creditors' Rights, Rex M. Walker

Washington Law Review

Covers cases on declaration of homestead—excess value subject to judgment lien—good faith declaration.


Criminal Law, Theordore D. Zylstra Jun 1956

Criminal Law, Theordore D. Zylstra

Washington Law Review

Covers cases on: bigamy—necessity of proving continued cohabitation; aiding and abetting—presence with intent to render assistance; and negligent homicide—degree of negligence required.


Damages, Gordon L. Walgren Jun 1956

Damages, Gordon L. Walgren

Washington Law Review

Covers cases on punitive damages—"willfulness" of tort feasor.


Domestic Relations, David Wayne Gittinger Jun 1956

Domestic Relations, David Wayne Gittinger

Washington Law Review

Covers cases on divorce—jurisdiction to grant custody and alimony in Washington.


Evidence, Gordon L. Walgren Jun 1956

Evidence, Gordon L. Walgren

Washington Law Review

Covers cases on best evidence rule—tape recording competent evidence where made from original wire recording.


Insurance, Irwin L. Treiger Jun 1956

Insurance, Irwin L. Treiger

Washington Law Review

Covers cases on insurance—effect of a divorce decree.