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Articles 3061 - 3090 of 3365
Full-Text Articles in Law
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
Washington Law Review
The Journal expects to establish "The Lookout" as a regular department to keep the Bar advised as to interesting and important questions pending in the Supreme Court of this state. The information is not furnished by the Court but is compiled from the briefs now on file with the clerk. The Journal suggests that attorneys desiring more complete information should communicate with counsel. This does not purport to be a complete survey of all questions now pending, but if the Bar evidences sufficient interest in this service it will be extended to include, as far as possible, all questions pending …
Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher
Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher
Washington Law Review
In a recent Washington case, Paulsen Estate, Inc. v. Naches-Selah Irrigation District, the Supreme Court was called upon to decide whether the payment of the liquidated portion of a debt was a sufficient consideration for the discharge of the remaining part which was disputed by the parties. The court's decision that the debtor was thereby discharged presents a phase of accord and satisfaction which has had a peculiar history in this state.
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Washington Law Review
It is fifty years, almost to a day, since the problem of liability for physical injuries to the plaintiff, caused not by impact but by fright or shock induced by defendant's negligent conduct, made its nearly simultaneous appearance in England and the United States. Both the House of Lords and the Supreme Court of New York disposed of it by denying liability; both stressed the lack of precedent as the basis for decision. Since then, precedents have come in plenty, and while many of the states still deny an action, the majority in which the question has arisen, supported by …
Supplemental Washington Annotations, Restatement Of Contracts, Warren Shattuck
Supplemental Washington Annotations, Restatement Of Contracts, Warren Shattuck
Washington Law Review
It is now nearly three years since the Washington Annotations to the Restatement of Contracts was published. During this interval several developments have taken place. The Contracts Restatement has received an ever-increasing recognition from both courts and practitioners throughout the country. Such recognition was perhaps inevitable in view of the eminence and ability of the men who formulated the propositions set out in the Restatement. It is the product of much labor, by Professor Williston and his fellow reporters, and by the distinguished judges, attorneys and teachers who constitute the American Law Institute. More particularly, recognition has progressed in Washington. …
Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer
Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer
Washington Law Review
It is a well recognized principle of the common law that as between the vendor and vendee in a transaction involving property, they may by agreement fix the incidents which shall attach. The law is replete, however, with cases where a party in possession using the property creates a more or less deceptive appearance as to the ownership of the property so far as third parties are concerned. As between the vendor and a third party who has been misled, the law has taken into consideration not merely the objective incidents such as use and possession, but in addition the …
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Washington Law Review
With a view to facilitating the most adequate and detailed consideration, in the State Supreme Court, of each case from the standpoint of the litigants, their counsel, and the public, the Judicial Council has under consideration a proposal to recommend to the State Supreme Court a rule of appellate practice requiring the appellant at the very commencement of his brief to make a "statement of questions involved." This practice has been found in the State of Pennsylvania to give most excellent results. It has been referred to in numerous cases. In order to show how this practice actually works, there …
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
Washington Law Review
The doctrine of judicial review is as much a principle of the Constitution as the principle of federalism or the doctrine of separation of powers and checks and balances. It is a far more definite power than the powers of Congress or those of the President. It should be remembered that the Constitution nowhere mentions federalism, separation of powers, checks and balances, national supremacy or concurrent powers, taxation for only a public purpose, business affected with a public interest is subject to regulation, contracts involving governmental powers are null and void, neither the national government nor the states can tax …
The Four-Year Course—A Brief Statement Concerning Its Content And The Reasons For The Change, Judson Falknor
The Four-Year Course—A Brief Statement Concerning Its Content And The Reasons For The Change, Judson Falknor
Washington Law Review
Effective with the class entering the University of Washington Law School in the autumn quarter of 1938, the law course has been lengthened from three to four years. The plan was approved by the Board of Regents at their meeting on Saturday, January 15th, 1938. It is has been obvious for a long time that a lengthening of the standard law course was inevitable, and we have concluded that it is not wise to defer it longer. Our purpose is to bring the standards and requirements of the school into line with the necessities of present day conditions. For approximately …
Report Of The Committee On Federal Rules, Charles S. Albert
Report Of The Committee On Federal Rules, Charles S. Albert
Washington Law Review
Since the report on the November, 1937, draft of the Federal Rules was written, the Supreme Court, through the Attorney General, submitted to Congress on January 3, 1938, that draft with two important changes advocated by the Washington State Bar Association.
Legal Ethics, James B. Kinne
Legal Ethics, James B. Kinne
Washington Law Review
Address by Judge James B. Kinne, to class in Legal Ethics, University of Washington Law School, December 4, 1937.
Superior Court Judges Promulgate New Rules, Anon
Superior Court Judges Promulgate New Rules, Anon
Washington Law Review
No abstract provided.
Presumptions, Edmund M. Morgan
Presumptions, Edmund M. Morgan
Washington Law Review
Every writer of sufficient intelligence to appreciate the difficulties of the subject-matter has approached the topic of presumptions with a sense of hopelessness and has left it with a feeling of despair. The great Thayer attempted to bring order out of chaos by reducing the entire doctrine to a simple formula, for which he had very little authority in the judicial decisions, and which for a long time received no real judicial sanction but which later received much lip-service and recently has been rigorously applied in a few cases. Wigmore has been content to accept Thayer almost without qualification. Both …
Defamation And Radio, Donald G. Graham
Defamation And Radio, Donald G. Graham
Washington Law Review
Radio has opened up a new and larger opportunity for defamation than has ever existed before. There are licensed today in the United States 683 broadcasting stations scattered throughout the country. Newspapers are fairly closely owned and do not open their columns generally to the public. Radio stations, on the other hand, broadcast the message not only of those who lease their facilities, but they also carry the messages of men of public affairs and public officials, for which unsponsored broadcasting they receive no commercial return. Speeches of a timely and informative nature delivered before an audience are frequently broadcast …
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Physicians' And Hospitals' Liens On Tort Claims For Services Rendered Injurred Party, Anon
Washington Law Review
The 1937 session of the Washington Legislature added the medical and allied services to the selective groups whose compensation is protected in part by statutory liens. Chapter 69 of the laws of that session awards a lien to operators of hospitals, licensed nurses, practitioners, physicians and surgeons rendering service "for any person who has received a traumatic injury." The lien is upon "any claim, right of action and/or money to which such person is entitled against any tort feasor and/or insurer of such tort feasor". The amount of the lien is the "value" of the services, plus costs and such …
President's Address, W. G. Mclaren
President's Address, W. G. Mclaren
Washington Law Review
Delivered at the Bellingham meeting, August, 1937.
The Functions Of A Trial Committee Under The State Bar Act, De Wolfe Emory
The Functions Of A Trial Committee Under The State Bar Act, De Wolfe Emory
Washington Law Review
I have been asked to talk today upon the functions of Trial Committees as they exist under the State Bar Act. The act, as you know, was enacted in 1933 and created a body corporate therein designated as "an agency of the state" to be known as the Washington State Bar Association, vesting in it the right to sue and be sued, hold property and to do those other things which are ordinarily incidental to the existence of a corporate entity. The members of the Association are the lawyers of this state, and the Association is governed by a Board …
The Doctrine Of Constructive Fraud In The Washington Law Of Taxation, John N. Rupp
The Doctrine Of Constructive Fraud In The Washington Law Of Taxation, John N. Rupp
Washington Law Review
Two recent Washington decisions, Bellingham Development Co. v. Whatcom County and Grays Harbor Pac. R. Co. v. Grays Harbor County present separate phases of a problem which has been frequently considered by the Supreme Court of Washington and concerning which that court has formulated a general rule: namely, that the court will relieve a taxpayer from the burden of an excessive tax where the conduct of the taxing officers has been so improper that it can be called "constructively fraudulent", even though the officers acted in good faith. The rule is clearly a proper one, but, like so many "general …
Admissions, Edmund M. Morgan
Admissions, Edmund M. Morgan
Washington Law Review
In Greenleaf's first edition, he adopted the dictum of Mascardus that an admission is not evidence but a substitute for proof. This was repeated in the first fourteen editions following, was copied by Taylor, was accepted by Wharton, apparently acquiesced in by Thayer, and later strenuously insisted upon by Professor Gifford at Columbia. Unless the dictum be given the interpretation put upon it by Gifford, that it takes the place of proof so long as the jury does not disbelieve it, it would seem to mean that an extra-judicial admission stands on the same basis as an admission made in …
The American Bar And The Supreme Court Proposal, F. H. Stinchfield
The American Bar And The Supreme Court Proposal, F. H. Stinchfield
Washington Law Review
The issue regarded most seriously was, of course, the proposed increase of the Supreme Court, and, a bit more incidentally, the changes of the lower Federal Courts. Against such an increase the American Bar Association was emphatic. Thirteen out of every fifteen members said no such result can be permitted. This issue is the only one which gets much attention from the public. However serious the other considerations may be, the lay citizens of the United States can think only of the necessity of protection to their Supreme Court. Our influence in this situation must of necessity be great. Whatever …
What Lawyers Think Of The President's Court Proposal, Anon
What Lawyers Think Of The President's Court Proposal, Anon
Washington Law Review
The American Bar Association has announced that in every one of the forty-eight States and the District of Columbia, the members of the Association participating in its recent poll voted disapproval of an increase in the number of Justices of the Supreme Court of the United States on the basis recommended by the President of the United States in his message of February 5, 1937. Members of the Association throughout the United States voted by secret ballot by mail, upon the various proposals affecting the Federal Judiciary, four of which were approved by a majority of the members voting; but …
Report Of Committee On Unauthorized Practice, Ewing D. Colvin
Report Of Committee On Unauthorized Practice, Ewing D. Colvin
Washington Law Review
We again urge all members of the Bar who are interested in curbing the unauthorized practice of the law to submit to the local committee or to the general committee all competent evidence that they might have showing any instance of unauthorized practice. We merely urge that the lawyer submitting the instances be sure that he gives us evidence or facts and not merely rumors, upon which we can at least open communication with the parties in question. If for any reason a lawyer would be embarrassed if it became known that he was making such reports, the committee gives …
Res Gestae, Edmund M. Morgan
Res Gestae, Edmund M. Morgan
Washington Law Review
A multitude of cases creates chaos in this subject. Even so great a scholar and lawyer as Simon Greenleaf was unable to clarify the topic when the decisions were fewer and simpler. Mr. (afterwards Mr. Justice) Pitt Taylor, the author of Taylor on Evidence, copied Greenleaf word for word; but when in controversy with Mr. Chief Justice Cockburn over Bedinglield's case, had to confess that his text consisted of words "full of sound, signifying nothing". He insisted, however, that the definition which the Chief Justice had framed left him "enveloped in a fog, dense as that by which I am …
An Evaluation Of Washington Marriage Laws, Richard T. Young
An Evaluation Of Washington Marriage Laws, Richard T. Young
Washington Law Review
Today the attitude of the public, as well as that of most lawmaking bodies, is still one of laissez faire towards this question of marriage laws. It is only when we realize that the problem is inherently involved with that of divorce, juvenile delinquency, pauperism and public health that the need for more scientific marriage legislation is made apparent. The appalling rate at which divorce and crime have increased in the United States in the last few years discloses serious deficiencies in those laws under which the family originates.
The Board Of Governors Wants You To Know That—, Anon
The Board Of Governors Wants You To Know That—, Anon
Washington Law Review
Announcing that 33 applicants who took the January bar examination passed; information on admissions on motion; prospective meetings of the Board of Governors and annual convention; publication of the lawyers' directory; district governor elections; state referendum on the President's proposal regarding the U.S. Supreme Court; and an outsider's view of the Bar Association's accomplishments.
Some Practical Aspects Of Section 77-B Of The Bankruptcy Act, Roger L. Shidler
Some Practical Aspects Of Section 77-B Of The Bankruptcy Act, Roger L. Shidler
Washington Law Review
Generally speaking, 77-B provides that a corporation which is insolvent or unable to meet its debts as they mature, may file a petition for reorganization under the provisions of the Amendment, and may propose a Plan of Reorganization. The Plan must include provisions modifying or altering the rights of creditors generally, or of any class of them, and may include provisions modifying or altering the rights of stockholders generally. To make the Plan effective, 66 2/3% of each class of creditors affected by the Plan must file acceptances of the Plan, and if the corporation is not insolvent, 51% of …
Acts Of Congress Declared Unconstitutional By The Supreme Court, Anon
Acts Of Congress Declared Unconstitutional By The Supreme Court, Anon
Washington Law Review
With the spotlight of public attention centered upon the Supreme Court controversy, it is of interest to the bar to be apprised of the number and nature of the decisions of the Court declaring Acts of Congress unconstitutional. The following list has therefore been compiled, with the cooperation of the West Publishing Company. The list includes decisions down to the end of the year 1936.
The Meaning Of A Lawyer's Oath Of Office, Hugh C. Todd
The Meaning Of A Lawyer's Oath Of Office, Hugh C. Todd
Washington Law Review
Delivered by Judge Hugh C. Todd of the Superior Court for King County to the Newly Admitted Lawyers, January 1937.
Should The Bar Advertise?, William Devin
Should The Bar Advertise?, William Devin
Washington Law Review
The day has arrived when the legal profession, if it is to retain its rightful place in society, and preserve its very life, must inform and educate the public concerning the truth of its cause. Public opinion today is being molded by the crime headlines and comic strips of the daily press, and by the radio programs which come into the homes of the nation, no one of which truthfully depicts the services or duties of 98 per cent. of our profession. We are judged as a whole by the acts of a very small minority, and what do we …
Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor
Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor
Washington Law Review
It is no doubt accurate to say that the bar of this state has heretofore assumed (and justifiably so, in view of prior decisions of the court) that, generally speaking, a specific charge of negligence (e.g. excessive speed) may not be established by proof of prior or similar acts of negligence, nor even by proof of customary or habitual negligence of the same sort. Consequently, the opinion of the Washington Supreme Court in Sheddy v. Inland Motor Freight, is of more than passing interest.
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt
Washington Law Review
This article, written by the Chairman of the New Jersey Judicial Council, was first published in the sixth annual report of that body and later reprinted in the October, 1936, Issue of the Journal of the American Judicature Society. So much has been written in non-legal publications in this country concerning the efficiency of the English administration of criminal law and procedure that It will undoubtedly be of interest to the bar to be informed more exactly on the subject by the more detailed and exact research and comment of a member of the legal profession. With that idea in …