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Full-Text Articles in Law
Bibliographic Notes, Anon
Bibliographic Notes, Anon
Washington Law Review
The legal literature of the Far East and Russia, on the average lawyer's bookshelf, is not crowding out the Reporter system. Yet it may be available to him in a nearby law library In cooperation with some of those libraries, and with the Far Eastern Law Committee of the American Bar Association's Section of International and Comparative Law, the Review here initiates, for the lawyer interested, a listing of basic law books, with indication of their location.
Reforms In Japanese Criminal Procedure Under Allied Occupation, Richard B. Appleton
Reforms In Japanese Criminal Procedure Under Allied Occupation, Richard B. Appleton
Washington Law Review
In the past, reforms in Japanese criminal procedure would have been of little interest to most Americans, who have never felt it important to understand foreign legal systems. Fortunately, this attitude is beginning to change. Moreover, the United States has been officially committed to encourage a desire for individual liberties and democratic processes on the part of the Japanese people since the Potsdam Declaration of July 26, 1945. Consequently, Americans will be interested in the postwar reforms in Japanese criminal procedure, if only to be fully informed of progress toward fulfillment of the objectives of the Allied Occupation, in which …
The Reform Of Japan's Legal And Judicial System Under Allied Occupation, Alfred C. Oppler
The Reform Of Japan's Legal And Judicial System Under Allied Occupation, Alfred C. Oppler
Washington Law Review
No abstract provided.
The Function Of The Lawyer In Estate Planning, Charles I. Stone
The Function Of The Lawyer In Estate Planning, Charles I. Stone
Washington Law Review
Inflation and an unprecedented increase in employment and national income have multiplied the number of individuals having at least a modest net worth and therefore the groundwork for an estate. Our staggering national debt has been accompanied by an expanding and intricate pattern of taxation winch takes increasingly more from an increasingly greater group. From the individual's point of view, the only interruption in this trend has been the Revenue Act of 1948. It is probable, if not certain, that the future will bring greater tax demands. The many who have recently acquired actual or potential estates are finding themselves …
The Function Of The Corporate Trustee In The Planning Of Estates, Henry H. Judson
The Function Of The Corporate Trustee In The Planning Of Estates, Henry H. Judson
Washington Law Review
With the advent of diversified types of wealth, the increasing complexities of the economic structure, development of legal devices and statutory enactments, changing trends and theories of governmental emphasis on the social fabric through the power of taxation, estate plannmg has become a complex and involved problem, meriting the most careful consideration and best advice obtainable. The basic purpose of any plan for an individual's estate is to provide for the economic settlement of the estate and for its orderly and practical distribution in a manner commensurate with the personal requirements and economic needs of the beneficiaries. There can be …
Participation By The Certified Public Accountant In Estate Planning, John G. Larson
Participation By The Certified Public Accountant In Estate Planning, John G. Larson
Washington Law Review
Since estate taxes and administration costs do not weigh heavily on smaller estates, the accountant generally will not be concerned with planning for persons whose estates consist primarily of life insurance or with community estates of husband and wife with a value under $120,000. It would be appropriate, however, even in those cases, to inquire whether wills have been prepared, how recently, the plan of disposition, and whether the insurance program has been co-ordinated with the testamentary disposition. It is desirable that the clients of every accountant be made more conscious of the importance of estate planning.
The Role Of The Advanced Life Underwriter In The Field Of Estate Planning, Sanford M. Bernbaum
The Role Of The Advanced Life Underwriter In The Field Of Estate Planning, Sanford M. Bernbaum
Washington Law Review
Estate planning is a continuing process, never completed, always subject to review and change to reflect altered personal, family, legal, or economic circumstances. The estate plan is fluid and affected by many factors, including the daily business and investment operations of the estate owner. Many kinds of specialized knowledge and experience must be utilized in its original formulation and brought to bear upon a periodic review The professional status of the lawyer, certified public accountant, and trust officer of a recognized bank has been established for many years. Each designation carries with it considerable prestige. In recent years another professional …
The Uniform Divorce Recognition Act, Sections 20 And 31 Of The Divorce Act Of 1949, Harold Marsh Jr.
The Uniform Divorce Recognition Act, Sections 20 And 31 Of The Divorce Act Of 1949, Harold Marsh Jr.
Washington Law Review
How can a state prevent its domiciliaries from obtaining migratory divorce decrees? What effect should be given to such a decree if, despite attempts to prevent the practice, some citizens nevertheless persist in obtaining such divorces? What effect must be given to it under the full faith and credit clause of the federal Constitution? No answer has been given to these questions which has not aroused vocal and widespread dissent. The Commissioners on Uniform State Laws have recently promulgated a proposed Uniform Divorce Recognition Act to deal with this problem, and the state of Washington has become the first state …
The Washington Fisheries Code Of 1949: Constitutionality Of Discriminatory Provisions, Edward H. Mckinlay
The Washington Fisheries Code Of 1949: Constitutionality Of Discriminatory Provisions, Edward H. Mckinlay
Washington Law Review
One of the most important statutes enacted in the 1949 session of the Washington legislature is Chapter 112 of the 1949 Session Laws, which, with its complement, Chapter 107, forms the new Fisheries Code of the state, replacing the old provisions which had been in effect with variations since 1915. The new Code is singular, not only in the very broad administrative powers given to the Director of Fisheries, an office created by the Act, but also by virtue of the fact that certain of its licensing provisions were inserted in apparent defiance of three recent United States Supreme Court …
The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross
The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross
Washington Law Review
It is impossible to appraise the whole of this treatise, which will include five volumes, with only the first being published, but there are sufficient clues in the published volume to indicate the quality of the whole work. This is a modern book: witness, for example, the discussion of Oyama v. California, 332 U.S. 633 (1948) in paragraph 106 on page 393. In the preface Professor Powell states the three guiding stresses in his study to be upon (1) integration of the whole subject, (2) current problems in the perspective of the trends of evolution, and (3) the tremendous importance …
Another Decade Under The Guest Statute, John W. Richards
Another Decade Under The Guest Statute, John W. Richards
Washington Law Review
In the nine years which have passed since the writer ventured to express in these pages his views on the Guest Statute, sixteen cases have been decided which deal either with the statute, with joint adventure, or with both. Some of these cases represent major changes in the field, and while no one would for a moment suggest that they have not been carefully noted by the profession there is nevertheless some hope, based not only on reading the opinions, but in some instances on the briefs which led to them, that it might be useful to revisit the topic …
Trust Fund Doctrine Revisited, Part Ii, James R. Ellis, Charles L. Sayre
Trust Fund Doctrine Revisited, Part Ii, James R. Ellis, Charles L. Sayre
Washington Law Review
We have chosen the problem of recovery of unpaid subscriptions to illustrate the influence of the trust fund doctrine in our jurisdiction upon actions by creditors against shareholders.
Effect Of Lessee's "Covenant To Leave Improvements" On The Doctrine Of Trade Fixtures, Norbert F. Knecht
Effect Of Lessee's "Covenant To Leave Improvements" On The Doctrine Of Trade Fixtures, Norbert F. Knecht
Washington Law Review
Although the common law rules regarding ownership and removability of trade fixtures are too well known and too often employed to necessitate comment, the application of these rules has caused some courts substantial difficulty in cases where the lease in question contains a covenant by the lessee during the term to become the property of the lessor. The Supreme Court of Washington has considered leases containing this type of clause in two cases involving contests between landlords and tenants over the ownership of chattels installed on the premises by the tenant and has laid down the rule that when such …
Some Observations On China's National Assembly, Chi-Yu Wu
Some Observations On China's National Assembly, Chi-Yu Wu
Washington Law Review
China's new Constitution was passed in the Constituent National Assembly on December 25, 1946, and formally promulgated on January 1, 1947 According to the attached Procedural Articles, the first step in enforcing the Constitution is the amending and revision of the existing laws and decrees which are in conflict with the Constitution. The second step consists of drafting and promulgating within a period of three months after the promulgation of the Constitution certain new laws such as (1) the law governing the organization of the National Assembly, (2) the law governing the election and recall of the representatives of the …
Judicial Draftmanship, Charles A. Beardsley
Judicial Draftmanship, Charles A. Beardsley
Washington Law Review
Nine years ago, when I was president of the American Bar Association, I said out loud what members of the bar had long been whispering throughout the country—I said that the judges of our appellate courts were casting an all but unbearable financial burden upon the lawyers, by steadily and unnecessarily increasing the length of their opinions—printed copies of which opinions the lawyers must buy and store, if they are to continue to practice law I did not then refer to any specific opinion, but I did point out that, on the average, the opinions are about six times as …
Soviet Civil Law, By Vladimir Gsovski (1948), Ivar Spector
Soviet Civil Law, By Vladimir Gsovski (1948), Ivar Spector
Washington Law Review
Soviet Civil Law, included in the Michigan Legal Studies, is the product of many years of painstaking research. In 1940 the University of Michigan Law School took over from the U.S. Department of Commerce an English translation of the Judiciary Law of the U.S.S.R. and of the Civil Code and the Code of Civil Procedure of the R.S.F.S.R. prepared by Morton E. Kent, and assigned the work of revision to Dr. Vladinur Gsovski, Chief of the Foreign Law Section of the Library of Congress. Dr. Gsovski has not only revised and increased the basic documentary materials on Soviet civil law, …
The Divorce Law Of 1949, Roberta Kaiser
The Divorce Law Of 1949, Roberta Kaiser
Washington Law Review
A subcommittee of the state bar's Legislative Committee was appointed to study all sections of our divorce law, with a view to recommending changes to the state legislature if such study should show that amendments were desirable. The results of that study have been twice reported in this journal. The committee's work resulted in a number of specific recommendations, and later a bill was drafted and submitted to the 1949 legislature, where it was passed without substantial amendment. Approved by the Governor March I9, it will become effective June 9, 1949. Chapter 215, Laws of 1949, is a complete recodification, …
The Federal Discovery Practice Should Be Adopted By All States, Philip S. Van Cise
The Federal Discovery Practice Should Be Adopted By All States, Philip S. Van Cise
Washington Law Review
In September, 1938 new rules of procedure were adopted in the federal courts. Since then many of the states have abandoned their old codes and in the main followed the new federal procedure. If the only advantages were that lawyers, in the states which have adopted the new rules, can practice confidently in both courts, that would be sufficient justification for the change. But when we add to that the results that pleadings have been simplified, motion days largely dispensed with, trial dates expedited, facts laid on the table and not concealed until trial, contested cases shortened, and a large …
Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang
Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang
Washington Law Review
On May 3, 1948 the Supreme Court of the United States handed down two decisions prohibiting judicial enforcement of racial restrictive covenants on real property. It has been a peculiar feature of American life that residential segregation of designated minority groups from certain prescribed areas is a common practice in all major cities. This policy of racial discrimination at first was enforced by municipal ordinance, beginmng with that of Baltimore in 1910, and quickly followed by Atlanta, Richmond, Louisville, and other cities, until it was held unconstitutional by the Supreme Court in 1917. Thereafter restrictive covenants became the principal weapon …
Estate Plannning And Estate Tax Savings, By Edward N. Polisher (1948) And Estate Planner's Handbook, By Mayo Adams Shattuck (1948), Charles Horowitz
Estate Plannning And Estate Tax Savings, By Edward N. Polisher (1948) And Estate Planner's Handbook, By Mayo Adams Shattuck (1948), Charles Horowitz
Washington Law Review
The volumes under review are written primarily for attorneys dealing in the subject of estate planning. Mr. Polisher's emphasis is on the tax consequences of estate planning, accompanied, however, with numerous practical suggestions on the merits of various substantive provisions in the estate plan, looking to the minimization of tax liabilities. He discusses in readable detail the provisions of the federal estate and gift tax law (with incidental reference to income tax liability) as it affects both common law and community property. However, his discussion of community property in relation to federal taxes is rather brief. Mr. Shattuck's discussion is …
The Parliamentary System Of Government In India, Benegal Narsing Rau
The Parliamentary System Of Government In India, Benegal Narsing Rau
Washington Law Review
In a few weeks India will be actively engaged in framing the details of her new Constitution, which will be federal in structure and will embody the British parliamentary system of government both at the centre and in the units or states. At some of the earlier sessions of the Constituent Assembly, when the main principles of the new Constitution were being laid down, there was a fairly strong current of feeling in favour of the American presidential system and this found expression in certain decisions of the Assembly not only to the mode of election of the head of …
The Soviet Court As A Source Of Law, John N. Hazard
The Soviet Court As A Source Of Law, John N. Hazard
Washington Law Review
Common law lawyers feel themselves to be on unfamiliar ground when they try to understand the law of the Continent. They have learned to look at judicial decisions and to be sceptical of statutes until they see how they are applied by the courts. Civil law lawyers have not aided their common law colleagues. Civil law lawyers belittle the importance of court decisions and present their codes alone for examination. Soviet law, as one of the civil law family, has likewise been presented usually in terms of statutes, both to Soviet law students and to outsiders seeking to understand. There …
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Washington Law Review
Reviews and comments, direct and indirect, upon this new casebook, developed in furtherance of Professor McDougal's views on the proper functions of law schools, have appeared in print in several places. From some comments a seriously distorted picture of the book and its possible use is almost unavoidable-a circumstance that has persuaded me that the experience of one professor in its use can be helpful.
Trust-Fund Doctrine Revisited [Part I], James R. Ellis, Charles L. Sayer
Trust-Fund Doctrine Revisited [Part I], James R. Ellis, Charles L. Sayer
Washington Law Review
The foundation case in Amenca was an action to restore dividends paid out to shareholders by an insolvent bank, but from limited beginnings the trust-fund doctrine expanded to become a major legal weapon for corporate creditors under a wide variety of conditions. In this discussion we propose to treat separately three major aspects of the trust-fund problem: (1) the status of corporate insolvency, which was a condition precedent to the operation of the rule; (2) the rights of creditors against creditors; and (3) the rights of creditors against shareholders. Our analysis will be confined chiefly to the statutory and case …
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Washington Law Review
As a general proposition, anything that a party to an action has voluntarily said at any time, if relevant, will be admissible against him. In the case of two types of such statements, ordinary direct admissions and voluntary confessions, the legal principles and rationales underlying their admissibility are so well-recognized and self-evident as to occasion little confusion and less need for comment. However, in cases where a person is sought to be charged with a statement made by someone else (the so-called implied or adoptive admissions and the various types of vicarious admissions), the underlying rationalizations and applications of the …