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Full-Text Articles in Law
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 …
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 …
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 …
Superior Court Judges Promulgate New Rules, Anon
Superior Court Judges Promulgate New Rules, Anon
Washington Law Review
No abstract provided.
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 …
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 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 …
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.
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 …
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 …
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.
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 …
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 …
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 …
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.
The Hearsay Rule, Edmund M. Morgan
The Hearsay Rule, Edmund M. Morgan
Washington Law Review
Any attempt to define a legal concept makes advisable an inquiry into its origin and evolution. If it be a substantive law concept, the social purpose that is designed to serve—whether the avoidance of evils or the creation or furtherance of positive benefits—must be considered. If it be a concept of procedural law, the functions it is, or is thought to be, designed to perform in the process of reaching the factual and legal bases for satisfactory determination of disputes between litigants must be examined. It is proposed, therefore, first to look briefly at the causes which brought the hearsay …
State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams
State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams
Washington Law Review
In view of the clear acknowledgment by the Supreme Court of the United States that state courts cannot be required to take jurisdiction of actions by the Federal Government for the enforcement of its penal and revenue laws, it seems proper to give further attention to the subject matter of a recent Comment in this Law Review written for the purpose of demonstrating that a state court must take jurisdiction of civil actions for the enforcement by the Federal Government of its penal and revenue laws, unless the jurisdiction of the federal courts is made exclusive by statute.
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 …
The Theory Of Field Warehousing, Anthony Kane
The Theory Of Field Warehousing, Anthony Kane
Washington Law Review
The system of "field storage warehousing" has been developed to provide a simple but safe means whereby the owner, manufacturer, producer or extractor can obtain credit on goods which cannot be readily moved or mortgaged. Field storage warehousing is fundamentally the same transaction as the pledge discussed above, except that now a bona fide warehouse company takes the place of the pledgee's agent and the pledgee has constructive possession of the goods by virtue of a warehouse receipt instead of actual possession as in an ordinary pledge. Warehouse companies specializing in "field storage warehousing" have developed this security device to …
Accountability Of Promoters To The Corporation For Profits, Maurice Gershon
Accountability Of Promoters To The Corporation For Profits, Maurice Gershon
Washington Law Review
The Washington cases involving the question of the corporation's right of action against promoters who reap secret profits, do not yet cover the complete scope of legal principles developed on this subject. The cases state general conclusions and are inadequately discussed. In order that the Washington cases may be better evaluated, a brief summary of the general rules as applied in other jurisdictions, will first be presented.
Conduct Of The State Bar Examinations, S. H. Kelleran
Conduct Of The State Bar Examinations, S. H. Kelleran
Washington Law Review
The State Bar Act, adopted in 1933, vests in the Board of Governors the power to adopt rules, subject to the approval of the Supreme Court, fixing the qualifications, requirements and procedure for admission to the practice of law, and vests in it also the power to appoint boards or committees to examine applicants for admission. Under the authority of that act, the Board of Governors has adopted such rules, which have been duly approved. Except as they provide for admission in Washington upon a showing of admission and practice in another state, these rules require an examination, under direction …