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Articles 2971 - 3000 of 3365
Full-Text Articles in Law
Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole
Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole
Washington Law Review
Bills of Rights are like New Year's Resolutions. The discipline they impose is self-imposed. It is also usually imposed in a period of sobriety in the fond hope that the conditions which brought forth excesses in the past will not do so in the future. And, more often than not, the history of nations like that of individuals teaches that while the spirit may be willing the flesh is weak. The flesh is weak because solemn declarations of good intention may have no roots in past performance—the history of the people may have developed no institutions providing an earnest that …
Desiderata Pertaining To Selected Legal Materials Of Washington, Arthur S. Beardsley
Desiderata Pertaining To Selected Legal Materials Of Washington, Arthur S. Beardsley
Washington Law Review
Of particular importance to a law librarian, but not without interest to the lawyer and student alike, are the bibliographical data and desiderata which pertain to the legal publications of their immediate locale. Through such desiderata, facts, which frequently may be quite unknown or which may have been overlooked, are brought to light and preserved for future interpretative research. Oftentimes, the circumstances surrounding these publications may be unknown or may not have attracted attention because of their common character and daily use. Oftentimes, also, the user may have been too close to them to perceive any peculiarities of imprint, pagination …
Future Advances On Mortgages In Washington, John B. Krilich
Future Advances On Mortgages In Washington, John B. Krilich
Washington Law Review
When Elnmendorf-Anthony Co. v. Dunn was decided in August, 1941, it completed the law of future advances on mortgages in this jurisdiction. The case dealt with the problem of optional advances by the mortgagee, and the effect of intervening encumbrances upon such advances. Perhaps it will be well to show the fact situation in order to see the problem more clearly.
Recovery Of Damages For Private Nuisance, Lucile Lomen
Recovery Of Damages For Private Nuisance, Lucile Lomen
Washington Law Review
With a reversal of position amounting almost to defiance of precedent, the majority opinion in Powell v. Superior Portland Cement, Inc. denies damages for injury caused to respondent's premises by dust from appellant's plant at Concrete, Washington. The plant, in operation since 1908, is the main industry of the town, at least half of its residents being economically dependent upon the plant. Respondent, who had resided in Concrete since 1907, in 1934 purchased a home within three blocks of the cement plant, and lived therein until August 1938, when he left Concrete. The home, partially furnished, has been rented since …
The Collective Bargaining Agreement And Its Legal Effects [Part 2], Nona B. Fumerton
The Collective Bargaining Agreement And Its Legal Effects [Part 2], Nona B. Fumerton
Washington Law Review
A continuation of the article, beginning with the section on Provisions of the Collective Bargaining Agreement.
Military Commissions: Trial Of The Eight Saboteurs, Myron C. Cramer
Military Commissions: Trial Of The Eight Saboteurs, Myron C. Cramer
Washington Law Review
When your President asked me to talk about something and gave me the choice of subjects, I really didn't know just what to select. I much would have preferred that he would have told me what he would like to have me talk about, but being this is a lawyers' meeting and being that we have been through the trial of the eight saboteurs in Washington, I thought that probably you ladies and gentlemen would be interested in the legal aspects of that trial. Now, I have got to say at the outset that so far as the facts are …
Labor Activities And Anti-Monopoly Legislation, Robert A. Purdue
Labor Activities And Anti-Monopoly Legislation, Robert A. Purdue
Washington Law Review
The uproar of the ancient market place was the symbol of competition until contemporary times. Each purchase or barter was a thing of its own; each buyer was to be treated according to "what this part of the traffic will bear"; each seller was to be heckled until the price would be cut no lower. Although "survival of the fittest" was the keyword, by and large the majority survived. Contrary to popular opinion, however, history has numerous examples of ancient and semi-modern attempts to control some of the unwanted effects of the competitive system. Furthermore, while early civilizations may have …
The Collective Bargaining Agreement And Its Legal Effects [Part 1], Nona B. Fumerton
The Collective Bargaining Agreement And Its Legal Effects [Part 1], Nona B. Fumerton
Washington Law Review
The significance of the collective labor agreement is naturally of importance to employers and their workers, but the public as a whole has an equally vital interest in the matter. The strike and its picket line, the lockout and the blacklist all create economic waste ultimately borne by the public. The concurrent disruption of industrial life and the imminence of violence and bloodshed suggest the value of industrial peace to the community, ind this is particularly true in wartime, when the utmost possible elimination of interruptions in production becomes a matter of urgent iational concern. The collective agreement, representing the …
Report Of Advisory Committee On New Code, O. D. Anderson
Report Of Advisory Committee On New Code, O. D. Anderson
Washington Law Review
Washington Laws 1941, Chapter 149, provided for the appointment of a Statutory Code Committee consisting of the State Law Librarian, Mr. Mark H. Wight, the Law Librarian of the University of Washington, Dr. Arthur S. Beardsley, and the Executive Secretary of the Judicial Council, Mr. Alfred J. Schweppe, in collaboration with the publishers of the existing codes, (a) to determine upon and adopt a complete recompilation of the Laws of Washington, and (b) to adopt a uniform and perpetual system for the numbering of the sections thereof. Shortly after this Act was passed, and at the suggestion of the above …
State Courts Ponder Free Speech, Robert A. Purdue
State Courts Ponder Free Speech, Robert A. Purdue
Washington Law Review
This article will deal particularly with the control exercised by the United States Supreme Court over various state policies toward picketing, and will examine the coupling of that labor activity with freedom of speech. The recent Supreme Court holdings on this subject may have ramifications throughout the field of labor law. Some of these impacts will be suggested, and reference will be made to legal writings discussing particular phases in detail. Washington cases will be examined in the light of federal judicial pronouncements, and the effect of the specific cases decided by the United States Supreme Court upon analagous fact …
Property Tax Collection Procedure In Washington, Douglas H. Eldridge
Property Tax Collection Procedure In Washington, Douglas H. Eldridge
Washington Law Review
Because of the severity of the situation resulting from delayed and partial property tax collections in recent years, various tax commissions, federal agencies, civic leagues, tax associations, and private bureaus instituted investigations seeking a remedy. One of the conclusions generally reached by investigators of property tax delinquency throughout the country has been that much of tax arrears can be attributed to "the methods that are ordinarily employed in collection." Specifically the phases of property tax collection methods which have been impugned as being conducive to delinquency are: a legal procedure neither carefully devised with the purpose of requiring prompt payment …
The Federal Trade Commission And The Courts [Part 2], Vern Countryman
The Federal Trade Commission And The Courts [Part 2], Vern Countryman
Washington Law Review
Continuation of the article from volume 17, no 1.
Listen To The Drums—The Compulsory Joint Return, Robert A. Purdue
Listen To The Drums—The Compulsory Joint Return, Robert A. Purdue
Washington Law Review
That taxation will continue and increase is an obvious truism. This accentuation will, however, have a peculiar interest to Washington taxpayers. A pronounced inequality exists in the application of the income tax to married persons similarly circumstanced but living in community property and non-community property states. The former much more frequently enjoy the privilege of the separate return, thereby avoiding higher surtax brackets, because their state has declared that the income of either, unless from separate property, belongs to both. Since the salary of the husband, for example, is community property, the Supreme Court has held that the spouses could …
The Courts And Early Bar Of The Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald
The Courts And Early Bar Of The Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald
Washington Law Review
Territorial justice in Washington had its roots in the judicial system of Oregon Territory, where the need for the administration of law and order was the motivating force which initiated the formation of civil authority The adnmnstration of justice, like the civil authority, must expand as the population grows and as the territorial area becomes larger and better organized. Strong men are always needed in the administration of justice; but in the frontier settlement where law and order are often flouted with impunity, even stronger men are needed if the courts are to command the respect which is their due. …
The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King
The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King
Washington Law Review
A owns Blackacre in fee. B loans money to A and takes a mortgage on Blackacre as security for the debt. Subsequent to the execution of the mortgage A leases the land to C. A then defaults on his debt and B takes steps to realize on his security. What are the rights and obligations of B, the mortgagee, C, the lessee and A, the mortgagor-lessor?
The Federal Trade Commission And The Courts [Part 1], Vern Countryman
The Federal Trade Commission And The Courts [Part 1], Vern Countryman
Washington Law Review
But a majority of Congress had a still different idea as to what was needed. In their view, the Federal Trade Commission was to have positive powers for the enforcement of new legislation designed to supplement the existing law, in addition to the powers of investigation and publicity contemplated by the President. Accordingly, the plans of the industrial leaders were rejected, as apparently was Mr. William Howard Taft's assurance that the courts were quite capable of handling the entire matter under the Sherman Act, and in 1914 Congress enacted the Federal Trade Commission Act," creating a five-man commission with power …
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Tort Liability Of Charitable Corporations, Nona B. Fumerton
Washington Law Review
The protective and friendly attitude with which the courts and legislatures have viewed charities is reflected in the rule of nonliability for torts committed by such eleemosynary institutions. The rationales for this exemption may be briefly classified into five main groups. The first and most all inclusive, is the trust fund doctrine based on an early English case and exemplified by the Massachusetts decisions. Under this theory a charitable institution can not be held liable for the negligence of servants and employees or administrative officials.Nor is the court concerned with the status of the plaintiff as beneficiary, employee or stranger. …
Conditional Remainderman—Beware!, Maryhelen Wigle
Conditional Remainderman—Beware!, Maryhelen Wigle
Washington Law Review
If the tax on transfer at death of anticipatory estates levied by the Sovereign State of Washington is imposed upon their inheritance, and is payable by the beneficiary on his future as distinguished from his possessory interest, a legatee or devisee of a conditional remainder may find himself paying handsomely for the mere privilege of having been remembered by the testator in his wilp—a somewhat ephemeral consideration, to put it mildly. The purpose of this article is to examine our Inheritance Tax laws with the object of determining (a) whether the tax is imposed upon the remainderman's legacy, and, if …
The Rights Of Corporate Creditors Upon Unpaid And Watered Stock Subscriptions, Jane Sue Abernethy
The Rights Of Corporate Creditors Upon Unpaid And Watered Stock Subscriptions, Jane Sue Abernethy
Washington Law Review
There is a marked distinction between the purpose of an action instituted by a corporation while it is a going concern to recover unpaid subscriptions, and such an action instituted by a creditor or receiver after insolvency. In the former, the primary object is to collect money to further the business and purposes of the corporation and to continue it as a going concern. The corporation, but not a creditor, may proceed against any shareholder who has not paid for his stock in full, to recover the balance, whether or not such balance is necessary to pay the obligations of …
Washington Legislation—1941 (Continued), Breck P. Mcallister, Judson F. Falknor, Eugene C. Luccock, John W. Richards, Alfred Harsch, O. B. Thorgrimson, John B. Sholley
Washington Legislation—1941 (Continued), Breck P. Mcallister, Judson F. Falknor, Eugene C. Luccock, John W. Richards, Alfred Harsch, O. B. Thorgrimson, John B. Sholley
Washington Law Review
The survey of selected important enactments of the Twenty-Seventh Legislature of the State of Washington, first installment of which appeared in the April issue of the REVww, is continued and concluded in this issue.
Regulation Of Small Loans In Washington, Warren L. Shattuck
Regulation Of Small Loans In Washington, Warren L. Shattuck
Washington Law Review
During the past 40 years legislative attempts to solve the small loan problem have taken various forms. Fairly typical are the Washington statutes which are the main subject matter of this paper.
Washington Legislation—1941, J. Grattan O'Bryan, Leslie J. Ayer, Judson F. Falknor, Warren L. Shattuck, John B. Sholley, John W. Richards
Washington Legislation—1941, J. Grattan O'Bryan, Leslie J. Ayer, Judson F. Falknor, Warren L. Shattuck, John B. Sholley, John W. Richards
Washington Law Review
In undertaking to survey the work of the 1941 legislature the aim has not been to attain complete coverage. Space limitations and the time factor have dictated that only certain phases be considered and that brevity rather than complete analysis be the guide. In selecting topics for discussion the aim has been to give attention to those statutes which are likely to be of greatest concern to practicing lawyers. At the outset this meant that virtually all of the largest group of statutes, those dealing with the powers of governmental units, be eliminated. Of the remaining statutes all could not …
Old Age Assistance In Washington, Vern Countryman
Old Age Assistance In Washington, Vern Countryman
Washington Law Review
Two decades ago, recognition of a governmental duty to care for the aged who had no means of support had gone no further than to provide for their maintenance in almshouses and poor farms. But in 1922 the American Association for Labor Legislation and the Fraternal Order of Eagles began a campaign to abolish the poorhouse system and to substitute for it a proposed Old Age Pension Act providing for monthly grants to needy aged persons from funds to be raised by county governments. Washington adopted this act in 1933 and by the end of the following year 28 states …
Survivorship In Joint Bank Accouns, And Wilson V. Ivers, M. Bayard Crutcher
Survivorship In Joint Bank Accouns, And Wilson V. Ivers, M. Bayard Crutcher
Washington Law Review
Joint bank accounts have given rise to considerable litigation, concerning a number of questions. A deposits money in a bank, payable in any part to himself or to B, or to the survivor. If A draws upon the account, may B assert an interest in the money taken, or in property purchased with it? If B withdraws money, can A reclaim it? If A dies must the bank pay B because the account is "payable to the survivor," though B has no claim of ownership? If B is permitted to keep what remains at A's death, is the account subject …
The Assessment And Taxation Of Easements, Snyder Jed King
The Assessment And Taxation Of Easements, Snyder Jed King
Washington Law Review
A sells a plot of ground to B, reserving in the grant an easement of way across B's property. B becomes delinquent in the payment of his taxes on the property and allows it to go by tax foreclosure. C purchases the property at the tax foreclosure sale and now attempts to keep A from using the right of way, asserting that the title he derived from the tax sale has cut off A's right of easement. The resulting problem has received varied treatment in the different jurisdictions of this country. The apparent conflict in the decisions can be partially …
The Doctrine Of Foakes V. Beer In Washington, Robert A. Purdue
The Doctrine Of Foakes V. Beer In Washington, Robert A. Purdue
Washington Law Review
Application of the rule to defeat discharge of a money debt by payment of a part, received by the creditor as full satisfaction, has been severely criticized. In this situation, two jurisdictions have abandoned the rule by decision, others by statute. The Washington decisions on the problem are not harmonious. 10 Although our court has followed Foakes v. Beer in a variety of situations, there are a number of money debt cases which circumvent the rule.
Trust Receipts, Philip W. Thayer
Trust Receipts, Philip W. Thayer
Washington Law Review
A note published in 1927 expressed the hope that the course of legal development in the state of Washington would result in recognition of the trust receipt as "an' instrument sui generis, perfectly effective within its limits." Recent doubts as to the fulfilment of this hope make it desirable to examine the question more closely. The purpose of the present paper therefore is to inquire into the function of the trust receipt as an instrument of the law merchant, and to determine if possible how that function may be most satisfactorily exercised under existing conditions.
The Determination Of Property Taxes In Washington, Douglas H. Eldridge
The Determination Of Property Taxes In Washington, Douglas H. Eldridge
Washington Law Review
Probably no phase of state and local government more immediately concerns the average citizen than the administration of taxes. In order that interested persons may become acquainted with the practical and complex problems involved, this discussion describes the machinery by which property is assessed for taxation, assessed values are equalized, and levies are made against those valuations. Better understanding may lead to legislative and administrative action that will result in more efficient and equitable operation of the property tax, which is still the largest single-source of tax revenue in this state.
Recording Chattel Mortgages On Fixtures, Ross Reid
Recording Chattel Mortgages On Fixtures, Ross Reid
Washington Law Review
The scope of this comment is limited to the problem of the chattel mortgagee in assuring notice of his lien to those who subsequently purchase or encumber the realty. The situation of the conditional vendor has been simplified by a 1933 amendment to the conditional sales contract filing statutes which provide that where the chattel is to be attached to a building, in addition to being filed, the contract also must be indexed and recorded with real estate mortgages. However, since there are several factors which may make the use of a chattel mortgage more desirable than a conditional sales …
Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley
Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley
Washington Law Review
It is indeed rather surprising to discover that there is a strong possibility that all three of these taxes are unconstitutional in their present statutory forms. But this appears to be the effect of a recent decision of the state supreme court. The case referred to, State v. Inland Empire Refineries, involved the validity of a 1939 statute imposing an excise tax of one-fourth cent per gallon upon the distribution of petroleum products other than motor fuel, lubricants, and medicants. The statute was held unconstitutional in its entirety upon three independent grounds. First, the discrimination against vendors and users of …