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Articles 3031 - 3060 of 3365
Full-Text Articles in Law
Control Of Fisheries Beyond Three Miles, Edward W. Allen
Control Of Fisheries Beyond Three Miles, Edward W. Allen
Washington Law Review
Our Pacific Northwest has attained worldwide recognition from the fact that here a successful system was initiated by two independent nations for the conservation of a deep sea fishery. Now it appears probable that the threatened disruption of this system may in turn give birth to new conceptions of international law. Strictly legal phases of this situation are so interwoven with the economic and the diplomatic that a factual as well as a legal background is essential to their complete appreciation.
A Constitution For An Indefinite And Expanding Future, Thomas Reed Powell
A Constitution For An Indefinite And Expanding Future, Thomas Reed Powell
Washington Law Review
It was my thought, when I mis-picked my title, to go with you back a hundred and fifty years to the framing and adoption of the Constitution and assess the wisdom of the Fathers in the light of what has since come to pass. In this thought there was the wisdom that in my barrel there were a number of unpublished papers that might be dusted off for the new occasion if pressure of other duties left no time for more than dusting. These various papers contained much local color that could find no counterpart in the State of Washington. …
Changes Suggested In Washington Practice And Procedure: Comparative Analysis Of State Rules And Statutes With New Federal Rules Points To Desirable Amendments, George Donworth, Laurence B. Hamblen, Elwood Hutcheson, John S. Robinson
Changes Suggested In Washington Practice And Procedure: Comparative Analysis Of State Rules And Statutes With New Federal Rules Points To Desirable Amendments, George Donworth, Laurence B. Hamblen, Elwood Hutcheson, John S. Robinson
Washington Law Review
In accordance with action taken at the July Convention of the Washington State Bar Association, the Board of Governors appointed a committee (Paul P. Ashley of Seattle, chairman) on Judicial Administration to concern itself with the matters considered and reported upon by the section on Judicial Administration of the American Bar Association. This committee divided itself into sections, and to each was assigned one of the subjects under consideration, including Pre-trial Procedure, Improvement in the Law of Evidence, Trial Practice and Administrative Agencies and Tribunals. Among other things the American Bar Association recommended that the State Bar Associations undertake to …
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Washington Law Review
In eminent domain proceedings where the state or a repository of state power seeks to use land within a restricted residence area for a purpose not consistent with the restrictive covenants, recovery of compensation by adjacent owners in the subdivision for this violation seems dependent upon whether the interest created by the covenants in the adjacent owners is a "property right". If it is a property right it can not under most state and the federal constitutions be taken by eminent domain unless compensation is made.' On the other hand, if the interest be not "property" no compensation need be …
Early Washington Marital Property Statutes, Cyril Hill
Early Washington Marital Property Statutes, Cyril Hill
Washington Law Review
Twenty years prior to statehood, the legislature of the Territory of Washington adopted the Community Property System. For nearly seventy years the courts have struggled with its provisions. Although the original act was copied largely from a statute adopted in California in 1850, such changes have been made, that the system in Washington may be regarded as unique. The adoption of the system in its present form was not accomplished by one stroke of the pen. Rather, it has had a checkered career. The original statute passed in 1869 was followed by a marital partnership property act approved November 29, …
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Washington Law Review
The following bibliography lists the familiar titles on the subject of Community Property but adds items from the periodical literature and annotations together with many unpublished theses contained in the collection of the University of Washington Law Library. The classification plan is very general as a detailed one is not required.
Meet The Average Lawyer: How Many Prospective Clients Has A Lawyer Practicing In The State Of Washington?, Anon
Washington Law Review
According to the law of averages, each of 2,575 lawyers admitted to practice in the state of Washington has 607 of the state's 1,563,393 inhabitants as a potential clientele. But if he restricts his activities to a particular locality, this theoretical "average" lawyer may have anywhere from 357 to 2,012 prospective clients, for if he makes his headquarters in King County he will share 463,517 inhabitants with 1,297 other lawyers, his quota being 357, while if he chooses to practice in Mason County he will be one of five lawyers in a county of 10,060 population, 2,012 of whom are …
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Washington Law Review
Among the unique characteristics of our federal system of government is the concept of the dual sovereignty of the national and state governments over land, things, and persons located within the boundaries of the states. In addition to its position and rights as ultimate sovereign over all territory within its borders, the United States is also a corporate body politic and as such can make contracts, and can hold property, both real and personal. Under this power to own property in its own right the United States has become a great landed proprietor, owning many tracts of land within the …
Contracts To Devise Real Property, Willard J. Wright
Contracts To Devise Real Property, Willard J. Wright
Washington Law Review
Contracts to devise real property are frequently entered into and are generally held to be a valid mode of transferring realty. Very properly the courts view such contracts with suspicion, especially when orally made. In order to prove the contract to devise real property some states require that it be in writing, otherwise it will be deemed void. But the majority of courts are not so strict and an oral contract if adequately proven is satisfactory. However, in proving oral contracts some states require that the contract be proven "independent of the performance" while other courts including Washington are more …
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Washington Law Review
Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that "The findings of the Commission as to facts, if supported by testimony, shall be conclusive." This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified …
Fair Labor Standards Act Of 1938: The Recent Congressional Enactment Pertaining To Wages, Hours And Child Labor, S. Harold Shefelman
Fair Labor Standards Act Of 1938: The Recent Congressional Enactment Pertaining To Wages, Hours And Child Labor, S. Harold Shefelman
Washington Law Review
Space will not permit of a comprehensive enumeration of the provisions of the Act or of the problems which have already arisen in its application, but an attempt will be made to briefly state and discuss its salient features and the more important problems which have arisen to date, and in conclusion reference will be made to the problem of constitutionality which is ever present in pioneering social and economic legislation.
Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern
Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern
Washington Law Review
In 1938 Congress enacted the Chandler Bill, which became effective September 22, 1938. Its purpose, among other things, as explained by the House Judiciary Committee report, was to clarify certain of the definitions and to add desirable new definitions, to straighten out certain overlapping provisions, to increase efficiency in administration, to make clearer certain ambiguous provisions, to improve the procedural sections of the act, and in general to modernize and bring up to date the bankruptcy law of our country. Congress went somewhat further than a mere modernization of the existing statute. It expanded the law by adding chapters on …
Briefs Improved Under New Rule: "Statements Of Questions Involved" Effectively Used During September Term, Although Some Misunderstanding Remains, Anon
Washington Law Review
A survey by this journal of briefs filed in the September term of court under this new subsection of Rule 16 indicates that while the purpose and effect of this rule are well understood and properly applied by the majority of appellants presenting briefs during the current term of the Supreme Court, a considerable number of brief writers did not employ this rule as properly and usefully in the interest of their clients and of the understanding of the court as might have been hoped. Some lawyers apparently did not make use of their opportunity to study the preliminary explanation …
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Washington Law Review
By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state's admission in open …
Statute And Judge In Roman Criminal Law, Ernst Levy
Statute And Judge In Roman Criminal Law, Ernst Levy
Washington Law Review
This article is essentially an abbreviated version of a detailed investigation published in 4 Bulletino del Instituto di Diritto Romano "Vittorio Scialoja", 57-166 (1938, Milan) under the title: Gesetz und Richter im kaiserlichen Strafrecht. That paper may be consulted for source material and references. I wish to express my sincerest thanks to the John Simon Guggenheim Memorial Foundation which by the grant of a fellowship has enabled me to undertake this research.
The New Federal Rules Of Civil Procedure [Part 2], Elwood Hutcheson
The New Federal Rules Of Civil Procedure [Part 2], Elwood Hutcheson
Washington Law Review
Continuing with Depositions and Discovery.
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Washington Law Review
The past year has witnessed the closing by judicial decision of two important gaps in the Washington community property law, both relating to life insurance proceeds. The first case in point of time, Occidental Life Insurance Company v. Powers, announced the rule that where the husband changes the beneficiary of a life insurance policy which is the property of the community because issued on the life of the husband during marriage and paid for with community funds, without the consent or knowledge of the wife, the former beneficiary, the attempted gift by the husband is ineffective and the wife may …
Reorganization Under The Chandler Act: Features Of The New Revised Bankruptcy Law That Pertain To Corporate Reorganization, Roger L. Shidler
Reorganization Under The Chandler Act: Features Of The New Revised Bankruptcy Law That Pertain To Corporate Reorganization, Roger L. Shidler
Washington Law Review
The Chandler Act, which makes a complete revision of the bankruptcy laws, became effective on September 22, 1938. In this act there are incorporated some very substantial changes in the law relating to corporate reorganizations. The corporate reorganization provisions in former Section 77-B of the Bankruptcy Act have been changed and revised, and have been incorporated in the new bankruptcy act as Chapter X. Most of the changes were made as a result of the recommendations of the Securities and Exchange Commission, after a study of corporate reorganizations made by direction of Congress. While many of the changes are purely …
The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson
Washington Law Review
This Is the concluding portion of Mr. Patterson's continued article. The first portion, in the Journal for January, 1938, covered the background of the theory of judicial review in the Federal Constitution. In the April issue he indicated the manner of incorporating the principle in the Constitution, and in the current installment he shows the wide use of judicial review and discusses its significance.
Reports Of Committees, William F. Devin, Clifford Newton, O. B. Thorgrimson, Elmer M. Hayden
Reports Of Committees, William F. Devin, Clifford Newton, O. B. Thorgrimson, Elmer M. Hayden
Washington Law Review
Contains reports of the following committees: Annotations to the Restatement of Law, Cooperation with the American Bar Association, Discipline and Disbarment, Federal Legislation, Law Enforcement, Law Examiners, Legal Educaton, Legal Ethics, Legislative, Public Relations, Selection of Judges, and Unauthorized Practice of Law. Also includes the auditor's report.
Judicial Salaries In Washington: The Chart On The Opposite Page Contains Some Interesting Facts And Figures, S. Harold Shefelman
Judicial Salaries In Washington: The Chart On The Opposite Page Contains Some Interesting Facts And Figures, S. Harold Shefelman
Washington Law Review
The compensation paid the judges of both the Supreme Court and the Superior Courts of the State of Washington has remained unchanged since it was set by the Legislature of 1919 (Laws of Washington 1919, Ch. 77, See. 1, page 154) except for a slight adjustment upward with respect to the salaries of Superior Court judges in Class A counties by the Legislature of 1923 (Laws of Washington 1923, Ch. 169, page 545). The many changes that have transpired since 1919, all bearing directly on the question of the adequacy or inadequacy of the judges' salaries as, for example, the …
What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick
What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick
Washington Law Review
I have been asked to add a comment upon the subject of presumptions, comprehensively dealt with in a recent article in this review. My discussion will be summary and selective, and will be devoted to certain practical questions suggested by a late decision of the Supreme Court of the United States, and by some recent cases in the Supreme Court of Washington. These questions relate to the manner in which the trial judge shall deal in his instructions with such presumptions as may have arisen from the evidence in the case.
The New Federal Rules Of Civil Procedure [Part 1], Elwood Hutcheson
The New Federal Rules Of Civil Procedure [Part 1], Elwood Hutcheson
Washington Law Review
It is impossible, without unduly extending the length of this article, to discuss in detail each paragraph of the new rules, but it is our purpose: (1) briefly to survey the historical background; (2) to discuss the principal changes effected in federal procedure through adoption of these rules, and the principal points of similarity and difference between the new federal procedure and our state procedure in Washington; and (3) to consider possible improvements in our state practice which might be adopted therefrom.
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
Washington Law Review
Under the doctrine of res ipsa loquitur, where proof is made that an injury occurred under certain circumstances, negligence will be presumed from those circumstances. It is the purpose of this comment to discuss the doctrine as it exists in Washington from the standpoint of: (1) Under what circumstances will the doctrine be applied; (2) What effect will be given to the doctrine when it is applied; and (3) Will the applicability of the doctrine be affected by the plaintiff's pleading and attempting to prove specific acts of negligence.
Steps That Have Been Taken: A Survey Of Past Activities Looking Toward Provision For Free Legal Aid, Lane Summers
Steps That Have Been Taken: A Survey Of Past Activities Looking Toward Provision For Free Legal Aid, Lane Summers
Washington Law Review
Apparently the first recognition of the necessity of organization in free legal aid by the Washington State Bar Association came just before its statutory integration, when a special committee was appointed in February, 1933, to cooperate with the State Relief Commission. The membership of this committee included one attorney from each of the eight largest cities of the state.
Taxpayers' Remedies—Washington Property Taxes, Breck P. Mcallister
Taxpayers' Remedies—Washington Property Taxes, Breck P. Mcallister
Washington Law Review
The purpose of the discussion that follows is to consider the great variety of procedural devices that were developed largely by the courts prior to the anti-injunction statute of 1931, and to consider them in their setting in the tax machinery of the state. That statute represented an important shift in policy but until it is considered against the background of earlier available remedies it is difficult to understand the part that it will play in the future. Some consideration will also be given to the scope of judicial review as developed by the courts and the relation of this …
Supreme Court Changes Rules: Various Rules To Be Collected And Published In Comprehensive Form In Near Future, Anon
Washington Law Review
The Supreme Court, in collaboration with the Judicial Council, has been working on a new edition of its rules to be shortly published in one of the advance sheets and later in a bound volume of Washington Reports. It is contemplated that there shall be published in one advance sheet, the following: (a) Rules of the Supreme Court (revised); (b) Rules of Pleading, Procedure and Practice, including the new rules announced in Washington Decisions for March 9, 1938; (c) Rules relating to admission and disbarment; (d) General rules of the Superior Court.
Revised Program, Washington State Bar Association, Rainier National Park, July 29 And 30, 1938; Two New Governors: The Second And Fourth Congressional Districts Will Select New Board Members In June, Anon
Washington Law Review
No abstract provided.
Survey Of The New Federal Rules: The New Practice In The Federal Courts In Civil Cases Cognizable At Law Or In Equity, Alfred J. Schweppe
Survey Of The New Federal Rules: The New Practice In The Federal Courts In Civil Cases Cognizable At Law Or In Equity, Alfred J. Schweppe
Washington Law Review
A new era in federal practice, in suits of a civil nature whether cognizable as cases at law or in equity, has been ushered in by the act of Congress of June 19, 19341. Acting under the authority of this statute the Supreme Court of the United States, with the aid of a distinguished advisory committee, undertook the preparation of a "unified system of general rules for cases in equity and actions at law in the District Courts of the United States and in the Supreme Court of the District of Columbia, so as to secure one form of civil …
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
Washington Law Review
In the previous portion of this article, Mr. Patterson attributed the American Revolution to the tyrannies resulting from the failure of the British government to provide for judicial review of acts of the central government as well as of the acts of the local governments. After noting a resulting desire among the former colonists to substitute constitutional supremacy for legislative supremacy, Mr. Patterson observed the use of judicial review in the courts of several of the states prior to the Convention of 1787, pointed out the embodiment of its principles in the enactments of the Congress of the Confederation in …