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Washington Law Review

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Full-Text Articles in Law

Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code, Article 9 [Part 3], Warren L. Shattuck Aug 1954

Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code, Article 9 [Part 3], Warren L. Shattuck

Washington Law Review

This is the last part of the article begun in volume 29, number 1, and continued in volume 29, number 2. It begins with section 9—401, Place of Filing; Erroneous Filing; Removal of Collateral.


Home Rule In Washington—At The Whim Of The Legislature, Robert F. Brachtenbach Aug 1954

Home Rule In Washington—At The Whim Of The Legislature, Robert F. Brachtenbach

Washington Law Review

One of the most elementary rules of municipal corporations is that the power and control of the legislature over the local unit is complete and supreme, except as restricted by the federal or state constitution. Washington has embraced this concept as fully as any other jurisdiction.


Creditor's Rights, Myron J. Carlson, Ivor Lusty May 1954

Creditor's Rights, Myron J. Carlson, Ivor Lusty

Washington Law Review

Covers cases on the declaration of homestead—effect on existing judgment liens (Carlson) and on the mortgage acceleration clause (Lusty).


Conflict Of Laws, William E. Love May 1954

Conflict Of Laws, William E. Love

Washington Law Review

Covers cases on jurisdiction—order affecting possession of foreign land.


Criminal Law, Samuel F. Pearce May 1954

Criminal Law, Samuel F. Pearce

Washington Law Review

Covers cases on the equivocal plea of guilty, on obtaining money by false pretenses, and on punishment for automobile theft.


Damages, Alice D. Hubbard, Richard K. Quinn May 1954

Damages, Alice D. Hubbard, Richard K. Quinn

Washington Law Review

Covers cases on the duty of the trial judge to award nominal damages after a finding of substantial damage (Hubbard) and on the recovery for value of good will in the conversion of business property (Quinn).


Evidence, Sally Campbell, Joan Smith, Thomas J. Brennan May 1954

Evidence, Sally Campbell, Joan Smith, Thomas J. Brennan

Washington Law Review

Covers cases on witnesses in determining the competency of insane persons, on relevancy of facts of arrest in civil suits, on the plaintiff's criminal record and its admissibility to limit claims to damages for unemployment, on the competency of interested party witnesses and time when interest is to be determined, on the relevancy of the fact of no insurance (Campbell), on the admission of certified copies of foreign divorce decrees (Smith), on the liberal construction of the Uniform Business Records as Evidence Act, on the attorney-client privilege when communications are made in the presence of two or more interested persons, …


Insurance, Vincent L. Gadbow May 1954

Insurance, Vincent L. Gadbow

Washington Law Review

Covers cases on collateral estoppel and scope of the prior adjudication of facts.


Domestic Relations, Alice D. Hubbard May 1954

Domestic Relations, Alice D. Hubbard

Washington Law Review

Covers cases on the disposition of property in divorce and on the power and jurisdiction of juvenile courts.


Municipal Corporations, Ray Browder May 1954

Municipal Corporations, Ray Browder

Washington Law Review

Covers cases on tort liability.


Practice And Procedure, William S. Stinnette, John A. Gose, Vincent L. Gadbow May 1954

Practice And Procedure, William S. Stinnette, John A. Gose, Vincent L. Gadbow

Washington Law Review

Covers cases on remedies for the failure to reveal information in pretrial discovery (Stinnette), on the trial court's duty to give reasons for denying a new trial, on the failure to administer the oath to jurors prior to voir dire, on the appealability of a suspended sentence when a guilty plea precludes appeal (Gose), on changes in the rules for appellate briefs regarding assignment of error, and on other changes to the appellate rules (Gadbow).


Labor Law, Robert S. Mucklestone May 1954

Labor Law, Robert S. Mucklestone

Washington Law Review

Covers cases on union discipline and judicial review of union declared law.


Legal Profession, Joan Smith May 1954

Legal Profession, Joan Smith

Washington Law Review

Covers cases on disciplinary actions related to contingent fee contracts in divorce actions.


Constitutional Law, Joan Smith May 1954

Constitutional Law, Joan Smith

Washington Law Review

Covers cases on the enrolled bill rule and on the right to trial by jury in contempt proceedings.


Property, Laurence S. Moore, Richard K. Quinn May 1954

Property, Laurence S. Moore, Richard K. Quinn

Washington Law Review

Covers cases on the hostile intent requirement in adverse possession, on riparian rights in floodwaters and the common enemy doctrine, on the duty to inquire as to easements in the contract to convey "free from encumberance" (Moore), and on agreements to return goods in the same condition (Quinn).


Torts, John Piper, Eugene H. Sage May 1954

Torts, John Piper, Eugene H. Sage

Washington Law Review

Covers cases on contributory negligence as not a defense to wanton misconduct, on res ipsa loquitur in malpractice suits, on the standard of care having retroactive effects on building codes (Piper), on the standard of care required of persons repairing a disabled car on a highway, on conditional privilege in a libel action, and on tort actions for loss of consortium caused by the negligence of a spouse's employer (Sage).


Taxation, Gust A. Ledakis May 1954

Taxation, Gust A. Ledakis

Washington Law Review

Covers cases on inheritance taxation of insurance proceeds and on property previously exempt.


Trusts, Newman S. Dotson May 1954

Trusts, Newman S. Dotson

Washington Law Review

Covers cases on the claims of children and the divorced wife of beneficiary to support trusts.


Wills And Estates, Gust A. Ledakis May 1954

Wills And Estates, Gust A. Ledakis

Washington Law Review

Covers cases on the impossibility of performance in precedent conditions in the construction of wills, on persons entitled to letters of administration, and on proof of lost or destroyed wills.


Workmen's Compensation, Jack Ruegg May 1954

Workmen's Compensation, Jack Ruegg

Washington Law Review

Covers cases on a wife's loss of consortium under destruction of common law remedies, on the limitation of the time to file a claim related to a doctor's duty to inform an injured worker of his rights, and on the immunity provision of an employer that has no employees and the right to subscribe to benefits.


Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code, Article 9 [Part 2], Warren L. Shattuck May 1954

Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code, Article 9 [Part 2], Warren L. Shattuck

Washington Law Review

Continues the article started in volume 29, number 1, with section 9—301, Persons Who Take Priority Over Unperfected Security Interests.


Personal Injury Actions And Immunities Under The Workmen's Compensation Act, Hugh Mcgough Feb 1954

Personal Injury Actions And Immunities Under The Workmen's Compensation Act, Hugh Mcgough

Washington Law Review

The purpose of this article is to examine the extent to which the personal injury action can now be utilized to recover damages for injuries connected with employment in the State of Washington. The first inquiry will be into the scope of the Workmen's Compensation Act; the second into actions reserved or created by the act.


Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code Article 9, Warren L. Shattuck Feb 1954

Secured Transactions (Other Than Real Estate Mortgages)—A Comparison Of The Law In Washington And The Uniform Commercial Code Article 9, Warren L. Shattuck

Washington Law Review

The National Conference of Commissioners on Uniform State Laws and the American Law Institute in late 1951 approved The Uniform Commercial Code. A few last-minute changes were made in 1953 and the Code is presumably now in final form. The period of critical appraisal, evaluation, and legislative consideration is at hand. It is the purpose of this article to indicate the Secured Transactions consequences, were the Code enacted in the state of Washington. An effort will also be made to suggest the relative advantages of the Code and the existing law; these suggestions should be received with caution. The reader …


The Privilege Against Revealing Military Secrets, Robert F. Brachtenbach Feb 1954

The Privilege Against Revealing Military Secrets, Robert F. Brachtenbach

Washington Law Review

One of the rules most frequently invoked to exclude evidence is that of the privileged communication—between husband and wife, attorney and client or physician and patient. In contrast, a voice claiming the privilege to exclude evidence because it involves military secrets has seldom been heard in the courtroom. Yet it is recognized as a genuine testimonial privilege of early origin. In the present era of intensive military preparation—often of a nature most secret, yet in close contact with civilian life—it is appropriate to examine the scope and mechanics of the privilege. At the outset a word of limitation is necessary. …


The Washington Subversive Activities Act: Its Restriction On Access To The Election Process, Gordon Jaynes Feb 1954

The Washington Subversive Activities Act: Its Restriction On Access To The Election Process, Gordon Jaynes

Washington Law Review

Since the time of the Alien and Sedition Laws of 1798, the national and state governments have sporadically enacted legislation intended to inhibit and punish activity subversive to existing government. Since Jefferson's time, such legislation has had both impassioned advocates and embittered opponents. It is the product of eras of political tension. Inherent in these laws is the danger that zealousness in the preservation of the integrity of government may violate political rights guaranteed by our constitutions. An examination of their constitutionality need imply no judgment regarding the political wisdom of their enactment nor the manner of their enforcement, and …


The Duty Of The Favored Driver Under The Right Of Way Statute To Maintain A Reasonable And Proper Lookout, James F. Mcateer Feb 1954

The Duty Of The Favored Driver Under The Right Of Way Statute To Maintain A Reasonable And Proper Lookout, James F. Mcateer

Washington Law Review

Must the favored driver keep a lookout to the left? The court evaded the issue in the case of Massengale v. Svangren. In that case two cars were approaching an intersection at approximately the same time and at approximately the same speed, 30 miles per hour. Neither driver saw the other until it was too late to avoid the collision. The majority of the court preferred to place its finding on the ground that since the favored driver "had the right to assume" that the disfavored driver would observe him and yield the right of way, the favored driver's failure …


Presumption Of Due Care By Decedent: An Anomaly Destroyed, George K. Faler Feb 1954

Presumption Of Due Care By Decedent: An Anomaly Destroyed, George K. Faler

Washington Law Review

In the recent case of Hutton v. Martin, the plaintiff sued the defendant for wrongful death arising from an automobile collision. The factual issue was whether plaintiff's decedent was contributorily negligent by driving on the wrong side of the road at the time of the accident. There were no eye-witnesses to the accident except the defendant Martin. The trial judge gave the jury the following instruction: "You are instructed that when a person is injured and dies as a result of a collision, a presumption arises that the person killed was at the time exercising due care and that he …


The Libraries Of The Legal Profession: A Study Prepared For The Survey Of The Legal Profession, By William R. Roalfe (1953), Marian G. Gallagher Feb 1954

The Libraries Of The Legal Profession: A Study Prepared For The Survey Of The Legal Profession, By William R. Roalfe (1953), Marian G. Gallagher

Washington Law Review

The statistics, and the author's conclusions, make good bolstering material because they are as authoritative as it is possible to obtain. Mr. Roalfe has a fine reputation among lawyers and librarians as a law library oracle, partly because of this training and experience, and partly because he never seems to have an axe to grind. He will tell you where he stands personally, and then proceed to outline arguments on both sides of the question. In preparing this Survey, he has deviated from form only in limiting expression of personal opinion to the minimum which must creep into any author's …


Administration Of Criminal Law, By Ernest W. Puttkammer (1953), Gerhard O.W. Mueller Feb 1954

Administration Of Criminal Law, By Ernest W. Puttkammer (1953), Gerhard O.W. Mueller

Washington Law Review

The author based his work on lectures given in his course on criminal law administration which he has taught at the University of Chicago Law School for a number of decades. During all these years he has kept in close touch with the profession and has been an active member of numerous commissions and organizations working for improvement of our criminal laws. His book, therefore, is based on the experience of practice. The conclusions are arrived at after thoughtful considerations by an author who has a deep interest in the subject. The book is written in a pleasant and lively …


Creditors' Rights, Warren L. Shattuck Aug 1953

Creditors' Rights, Warren L. Shattuck

Washington Law Review

Covers labor liens by employees of hotels, restaurants, taverns, etc.