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Articles 2821 - 2850 of 3365
Full-Text Articles in Law
A New Tribunal Of The State Of Washington, Ivan C. Rutledge
A New Tribunal Of The State Of Washington, Ivan C. Rutledge
Washington Law Review
An important part of the business of the state of Washington is the insurance of employees against industrial accident and disease. The premiums paid by employers covered by the industrial insurance laws now support awards for disability and death amounting to some eleven million dollars a year. The attorney general employs ten or twelve attorneys full time to represent the state in cases involving the Department of Labor and Industries. Not counting the expense borne by the courts, the 1951 legislature appropriated approximately $868,000 for litigation costs for the biennium. A new state agency has been created to review the …
Continuances In Washington, Phyllis A. Kemp
Continuances In Washington, Phyllis A. Kemp
Washington Law Review
The granting or denying of a continuance is a matter within the sound discretion of the trial court, to be reversed only for a manifest abuse of discretion. This does not mean, of course, that the trial judge can decide by the toss of a coin whether to grant or deny a motion for continuance. He is under a positive duty to exercise his discretion wisely, keeping in mind the relative considerations of speedy justice as against the right to present all of the evidence available in support of one's case. A study of the cases will disclose some of …
Procedural Progress In Washington, Milton D. Green
Procedural Progress In Washington, Milton D. Green
Washington Law Review
In writing the present article the author has in mind no more ambitious purpose than to indicate exactly what changes have been made by the new court rules in the hope that by so doing he may save the members of the bar some time, energy, and temper.
The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker
The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker
Washington Law Review
The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. There are two general fact patterns: (1) prior to severance of land there exists a quasi-easement for the benefit of one part of the land to the detriment of the other; (2) after conveyance of part of a tract of land, the grantor or grantee has no access to land respectively retained or conveyed. The easement arising from the former will be termed an "implied easement" while the latter will be referred to as a "way of necessity." Though …
Alimony In Washington: A Note To The Legislature, Ramón E. Brown
Alimony In Washington: A Note To The Legislature, Ramón E. Brown
Washington Law Review
The award of permanent alimony upon a divorce a vinculo, though involving the judicial process, is historically and theoretically dependent upon such power as the legislature of the particular jurisdiction deems fit to confer upon the courts. The Washington court has necessarily recognized this since in every case where the point was raised the court looked to the statutes for its authority. The divorce act now in effect, however, does not confer such power upon the courts! Undoubtedly there have been many awards of alimony since the passage of the present divorce act in 1949, but not under it. Unless …
Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge
Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge
Washington Law Review
What is this statutory creature, the deposit owned in joint tenancy with right of survivorship?
New Concepts In Trade-Mark Legislation, Orland M. Christensen
New Concepts In Trade-Mark Legislation, Orland M. Christensen
Washington Law Review
The widely favored Lanham Act makes important changes in the former picture, chief of which perhaps is the unprecedented effect now given trade-mark registration. The new act does not alter the common law concept that trade-mark rights must arise first out of actual use of the mark in trade. However, the owner of a valid interstate mark can now strengthen and even expand his rights substantively by registration, and, conversely, his failure to register promptly can result in serious losses.
The Special Verdict—Theory And Practice, Samuel M. Driver
The Special Verdict—Theory And Practice, Samuel M. Driver
Washington Law Review
At the 1949 Conference of Federal Judges of the Ninth Circuit I discussed the special verdict, and my address was published in the Washington Law Review. My treatment of the subject necessarily was largely theoretical as I had made very little use of the special verdict practice up to that time. Drawing upon abundant published material,I assembled and summarized the common criticisms of the general verdict and the claimed advantages of the special verdict, and expressed the conclusion that the latter, as prescribed in Rule 49 of the Federal Civil Rules, was entitled to much more extensive use. Having sold …
The Holy State, The Second Book, Chapter 1, The Good Advocate, Thomas Fuller
The Holy State, The Second Book, Chapter 1, The Good Advocate, Thomas Fuller
Washington Law Review
The following is an excerpt from The Holy State and the Profane State written by Thomas Fuller in 1642. It seemed to us a thoroughly charming piece of work and amazingly pertinent to "modern" practice. It is herewith offered for your pleasure and instruction.
Contributory Negligence Of The Disfavored Driver Under The Right Of Way Statute, John Huston
Contributory Negligence Of The Disfavored Driver Under The Right Of Way Statute, John Huston
Washington Law Review
The automobile collision at intersections of two streets, neither of which is arterial, is perhaps one of the most common subjects of litigation. For the past twenty-three years such litigation has been governed in part by the statute entitled "Look out approaching intersection—Vehicles to right,"' which provides as follows: "It shall be the duty of every operator of any vehicle on approaching public highway intersections to look out for and give way to-vehicles on their [sic] right, simultaneously approaching a given point within the intersection, and whether such vehicle first reach and enter the intersection or not: Provided, This section …
Agency And Escrow, Roger K. Garrison
Agency And Escrow, Roger K. Garrison
Washington Law Review
There are myriad instances in the law where courts or legislatures of various states have given precise definition to a certain legal status. Such words as "trustee," "guardian," and "mortgagor" have come to have fixed meanings and definite legal incidents attached to them. Not so fortunate, however, has been the term "escrow holder," or sometimes "escrowee." While courts are generally in accord as to what circumstances will create an escrow transaction, statements of the precise legal status of the escrow holder are noteworthy for their discord rather than their harmony. As yet no court has seen fit to regard the …
The Legal Nature Of Soviet Collective Farms, George C. Guins
The Legal Nature Of Soviet Collective Farms, George C. Guins
Washington Law Review
Soviet legislation concerning collective farms (kolkhozes) reveals in an exceptionally clear manner all the peculiarities of the centralized economy. As a legal entity a kolkhoz owns its "socialist property," but this does not include the most valuable element of agricultural economy, that is, the land. Members of collective farms work on land which belongs to the state. Even the house and garden plots which are placed at the disposal of individual farmers and their families do not belong to them. Actually, only the surplus production belongs to the kolkhozes and they may dispose of it as they see fit, selling …
Democratization Of The Family Relation In Japan, Sakae Wagatsuma
Democratization Of The Family Relation In Japan, Sakae Wagatsuma
Washington Law Review
After the war, that part of the Japanese Civil Code which relates to family relationships, i.e., Book IV, Relatives, and Book V, Succession, underwent a thorough-going amendment, the chief objective of which was to democratize the legal relations among Japanese family members. As the main features of this amendment of the Japanese Civil Code have been explained in detail by Mr. Kurt Steiner in "Postwar Changes in the Japanese Civil Code" in the August issue of this Review, it appears advisable for the present writer to lay stress on the following two points: (1) public opinion on the amendment of …
The New Interstate Conspiracy Doctrine, Warren Chan
The New Interstate Conspiracy Doctrine, Warren Chan
Washington Law Review
In F.T.C. v. Cement Institute the United States Supreme Court, reversing the Court of Appeals for the Seventh Circuit, upheld a Federal Trade Commission cease and desist order against the maintenance of an industry-wide multiple basing point system for fixing the delivered price of cement.' The grounds. for the order and the holding were (1) that the use of the system was an unfair method of competition in violation of section 5 of the Federal Trade Commission Act, and (2) that the method of pricing resulted in systematic price discriminations between different purchasers of cement of like quality and grade, …
The Law Against Discrimination In Employment, Frank P. Helsell
The Law Against Discrimination In Employment, Frank P. Helsell
Washington Law Review
During its 1949 session, the legislature of the state of Washington enacted Chapter 183, a law known as "The Law against Discrimination in Employment." That law follows in a general way the form and the substance of the New York law entitled, "Law against Discrimination," enacted in 1945, but the authors of the Washington Act adopted some of the provisions of the Connecticut Act relating to procedure. Note will be taken of differences between the Washington law and the law of other states having similar legislation. The Washington law declares that practices of discrimnation because of race, creed, color, or …
The Reception Of Highly Developed Legal Systems By Peoples Of Different Cultures, Ernst Levy
The Reception Of Highly Developed Legal Systems By Peoples Of Different Cultures, Ernst Levy
Washington Law Review
The reception of legal ideas of one people by another is a universal phenomenon in world history Wherever the civilization of a tribe or nation reaches a stage enabling it to build up a legal system, the conditions of a reception are at hand. The march of ideas, legal as well as cultural, often follows in the path of material goods. Already the Code of Hammurabi of about 1750 B.C., which long was held to be the oldest code of mankind, displays strong Sumerian influences along with the native Semitic elements. Receptions permeate the following thousands of years; they have …
The Unwelcome Involuntary Guest, John W. Williams, Robert Venable
The Unwelcome Involuntary Guest, John W. Williams, Robert Venable
Washington Law Review
The facts of the case are as spare and clean cut as though invented to raise its issue. Joyce Akins, sixteen, was invited by Robbie Hemphill to ride with him in his car; it was not until they had proceeded some way on their journey that she discovered he was intoxicated and driving in an incressingly reckless manner. Frightened, she demanded repeatedly to be let out; he heard, refused, increased his speed, and presently collided with the rear of another car to Joyce's severe and permanent injury. A general demurrer to her complaint was sustained and upon her refusal to …
Resale Price Maintenance In Washington, Dale M. Green
Resale Price Maintenance In Washington, Dale M. Green
Washington Law Review
The social and economic desirability of resale price maintenance contracts or agreements has been debated pro and con. Today most of the states, including Washington, have adopted fair trade laws recognizing and conditioning the legality of such agreements. The purpose of this article is not to analyze the economic aspects and effects of these agreements but rather to present: (1) a brief survey of the early judicial attitudes toward resale price agreements as developed in the federal and state courts; (2) the effect of the Miller-Tydings Amendment to the Sherman Anti-Trust Act on such agreements; (3) the content of the …
Postwar Changes In The Japanese Civil Code, Kurt Steiner
Postwar Changes In The Japanese Civil Code, Kurt Steiner
Washington Law Review
The developments of law in Japan since the beginning of the Occupation have been marked by an increased influence of Anglo-Saxon legal ideas. For example, future legal historians concerning themselves with the Japanese Code of Criminal Procedure may wel find that a new period, the Anglo-American period, began during the Occupation. The revision of the Civil Code in 1947, however, would more properly be considered as the second step of the reform of civil law which began in the Meiji Era. It completes the transition of Japanese civil law to the continental European family of law
Penalties And Rewards In Soviet Law, George C. Guins
Penalties And Rewards In Soviet Law, George C. Guins
Washington Law Review
The Soviet system and practice of penalties and rewards have several peculiarities which are undoubtedly bound up with Soviet socialism.
The Substantial Evidence Rule And The Administrative Procedure Act, Bernard Schwartz
The Substantial Evidence Rule And The Administrative Procedure Act, Bernard Schwartz
Washington Law Review
The question of the scope of judicial review of administrative determinations has been a pivotal one in American administrative law Since review is generally available over administrative determinations, the extent of review in particular cases may determine whether or not full effect is given to the legislative purpose in creating administrative agencies. "One of the principal reasons for the creation of such [agencies] is to secure the benefit of special knowledge acquired through continuous experience in a difficult and complicated field."' If the review of administrative determinations is to be very broad, with the reviewing court deciding the case de …
The Growing-Up Stick (A Book Review For Washington Lawyers). Miniumum Standards Of Judicial Administration, Edited By Arthur T. Vanderbilt (1949), John N. Rupp
Washington Law Review
The book at hand goes a considerable way to fill this need for a set of standards, although the editor, Hon. Arthur T. Vanderbilt, Chief Justice of the Supreme Court of New Jersey, and a former eminent President of the American Bar Association, vigorously emphasizes the fact that these are "the minimum standards needed in a practical way to make our court procedure work in the twentieth century." These standards have the firm support of the American Bar Association and the National Conference of Judicial Councils. In the introduction to the volume Judge Vanderbilt tells how and why these standards …
The Community Property Agreement Statute, Sidney R. Buckley
The Community Property Agreement Statute, Sidney R. Buckley
Washington Law Review
What is the meaning of our community property agreement statute, Rem. Rev. Stat. § 6894 [P.P.C. § 434-39]? Now might be a proper time to examine it and to attempt to determine its purpose, how it has been interpreted, and how well it carries out the purpose for which it was enacted. Though it was enacted by the territorial legislature in 1879, there have been few cases involving community property agreements.
Caveat Emptor Or Justifiable Reliance?, Serge S. Gorny
Caveat Emptor Or Justifiable Reliance?, Serge S. Gorny
Washington Law Review
In the recent case of Haugen v. Netswonger the respondent, whose sawmill was encumbered and who was in danger of having to cease operations, induced the appellant to enter into a partnership for the operation of the mill. During the preliminary negotiations he told the appellant that he would get back, in a short time, everything that he put into the venture. The partnership agreement, which was signed on May 9, 1947, contained a covenant of the respondent, that he had good title to the sawmill free of all encumbrances. At the time, there was an outstanding chattel mortgage of …
Summary Judgment, Joann R. Locke
Summary Judgment, Joann R. Locke
Washington Law Review
Washington procedure is noticeably defective in the lack of a device which will dispose quickly and easily of all those actions where no material issue of fact actually exists although issues are formally set up in the pleadings. The urgent need for some such device was shown recently in the case of Weyerhaeuser Sales Co. v. Holden. Plaintiff desired to end the case summarily, as he felt sure there was no defense to his action. However, his attempt to make existing procedure serve this purpose failed. All of defendant's answer except a cross-complaint had been stricken, and plaintiff had filed …
Security Of Tax Foreclosure Titles, Chapter 2, Priscilla A. Townsend, Harry M. Cross
Security Of Tax Foreclosure Titles, Chapter 2, Priscilla A. Townsend, Harry M. Cross
Washington Law Review
In dissenting in Berry v. Pond, Hill, J., said, "By this decision, we not only add a new exception to those enumerated in Rem. Rev. Stat. § 11288 [P.P.C. § 979-313], but write a new chapter on How Secure Is Your Tax Foreclosure Title?" It is the purpose of this comment to indicate the nature of the new chapter and to suggest that it is inadvisedly if not erroneously written.
Unemployment Compensation In Labor Disputes, Stimson Bullitt
Unemployment Compensation In Labor Disputes, Stimson Bullitt
Washington Law Review
This article will discuss the labor dispute section of the Washington State Unemployment Compensation Act1 and especially the advantages of an insurance coverage test as the most satisfactory approach by which this section may be applied.
Preferences As Affected By Section 60c And Section 67b Of The Bankruptcy Act, John Hanna
Preferences As Affected By Section 60c And Section 67b Of The Bankruptcy Act, John Hanna
Washington Law Review
The general problem of preferences in bankruptcy in the recent past has been more frequently and more comprehensively discussed in legal periodicals than any other bankruptcy topic. It is not the purpose of this article to supplement what has been written elsewhere on the subject of Section 60a and b. The proper concern of many members of Congress for the lamentable uncertainties of the position of many secured creditors under the present law gives some reason to hope that before this article appears an amendment to Section 60a will have been adopted, which as to personal property transfers will substitute …
Some Confusing Matters Relating To Arbitration In Washington, Wesley A. Sturges, William W. Sturges
Some Confusing Matters Relating To Arbitration In Washington, Wesley A. Sturges, William W. Sturges
Washington Law Review
A review of the case law and statutes of the state of Washington relating to arbitration points up several issues which are of importance to those who may become concerned with arbitrations in the state of either commercial or labor controversies. Some of these issues result from the views which were advanced by the supreme court relating to the arbitration statute of 1881. These issues are still open, although that statute was repealed by the present act, which was originally enacted in 1943. Other uncertainties inhere in the views which have been advanced by the court since the enactment of …
A Consideration Of The More Extended Use Of The Special Verdict, Samuel A. Driver
A Consideration Of The More Extended Use Of The Special Verdict, Samuel A. Driver
Washington Law Review
This discussion will cover only subdivision (a) of Rule 49 of the Federal Rules of Civil Procedure, but I feel that I should briefly distinguish it from subdivision (b), the other subdivision of the rule, since the cases reveal a surprising amount of confusion regarding them. Subdivision (a) provides that the court may require the jury to return only a special verdict in the form of special findings on each issue of fact formulated by the pleadings and the evidence. The special verdict may be in the form of either written findings or written questions, susceptible of categorical or other …