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Address By Arthur B. Langlie, Governor Of The State Of Washington, Arthur B. Langlie Nov 1951

Address By Arthur B. Langlie, Governor Of The State Of Washington, Arthur B. Langlie

Washington Law Review

Today I hope to take a little of your time, rather than try to extend some complimentary greeting of some kind or another, I would like to take this opportunity to talk a little bit about our government, our state government, some of its problems, primarily its tax problems, because some of you may have noted already that while the law has not become effective as yet, that there is going to be a slight tap on your personal income in the way of an increase in the business and occupational tax, and I want to talk to you about …


Soviet Socialism And Embezzlement, John N. Hazard Nov 1951

Soviet Socialism And Embezzlement, John N. Hazard

Washington Law Review

Socialism has been heralded as the cure for crime. To the Marxist the claim seems reasonable. He believes that crime springs from poverty coupled with despair. Reorganization of the economic and socal structure of society under socialism is promised as the route to hope and wealth. In consequence, socialism should create conditions under which the citizen will have no need to steal and no desire to kill. To examine the effect of the thesis upon the writings of Soviet authors and the policy of the Soviet leaders this paper will review what has happened to the crime of embezzlement over …


Report Of The Committee On Administrative Law, Frederick J. Lordan Nov 1951

Report Of The Committee On Administrative Law, Frederick J. Lordan

Washington Law Review

Your committee on administrative law, which was reorganized and appointed in the fall of 1950, held a series of preliminary meetings to outline the objectives of the committee and its policy with a view to correcting the obvious defects in the administrative practice and procedure in the state of Washington. Our preliminary survey revealed the startling fact that there are some forty agencies, boards, commissions, or administrators in the state of Washington authorized to make rules, hold hearings, adjudicate rights and issue orders. No uniformity exists with relation to the procedure before these agencies, and in some instances, the only …


Dean Judson F. Falknor, Anon Aug 1951

Dean Judson F. Falknor, Anon

Washington Law Review

The resignation of Judson F. Falknor as Dean of the University of Washington Law School became effective July 31, 1951. Immediately thereafter he joined the faculty of the University of California Law School at Berkeley, California, where he will teach courses in Evidence and Procedure. Dean Falknor's departure, after fifteen years as head of the Law School, constitutes a real loss to both the school and the state of Washington. While we regret our loss, our regret is tempered by the fact that in leaving us Dean Falknor is following a carefully considered course of action. After so many years …


Another Look At Picketing In Washington, Donald H. Wollett Aug 1951

Another Look At Picketing In Washington, Donald H. Wollett

Washington Law Review

The purpose of this comment is threefold: (1) to reformulate the Washington rules in re peaceful picketing in light of Ostroff v. Laundry and Dye Works Drivers' Local No. 566; (2) to suggest, using the metaphor employed by Judge Hamley in his dissenting opinion, that the rule of the Ostroff case embarks the court on a voyage into uncharted seas; and (3) to suggest further the wisdom of the court's returning to port and recharting a course over better marked and more frequently traveled waters.


A New Tribunal Of The State Of Washington, Ivan C. Rutledge Aug 1951

A New Tribunal Of The State Of Washington, Ivan C. Rutledge

Washington Law Review

An important part of the business of the state of Washington is the insurance of employees against industrial accident and disease. The premiums paid by employers covered by the industrial insurance laws now support awards for disability and death amounting to some eleven million dollars a year. The attorney general employs ten or twelve attorneys full time to represent the state in cases involving the Department of Labor and Industries. Not counting the expense borne by the courts, the 1951 legislature appropriated approximately $868,000 for litigation costs for the biennium. A new state agency has been created to review the …


Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon Aug 1951

Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon

Washington Law Review

In line with the policy of the Supreme Commander for the Allied Powers to democratize the mining industry of Japan, a study of existing mining law was undertaken in 1946 by a National Mining Law Revision Committee appointed by the Minister of Commerce and Industry (now Minister of International Trade and Industry). After four years of investigation, drafting, and redrafting of a revised Mining Bill, with technical assistance from a visiting mineral law expert from the United States and from lawyers and agricultural and forest economists employed in the Japanese government and in the Headquarters of SCAP, as well as …


Continuances In Washington, Phyllis A. Kemp Aug 1951

Continuances In Washington, Phyllis A. Kemp

Washington Law Review

The granting or denying of a continuance is a matter within the sound discretion of the trial court, to be reversed only for a manifest abuse of discretion. This does not mean, of course, that the trial judge can decide by the toss of a coin whether to grant or deny a motion for continuance. He is under a positive duty to exercise his discretion wisely, keeping in mind the relative considerations of speedy justice as against the right to present all of the evidence available in support of one's case. A study of the cases will disclose some of …


The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker May 1951

The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker

Washington Law Review

The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. There are two general fact patterns: (1) prior to severance of land there exists a quasi-easement for the benefit of one part of the land to the detriment of the other; (2) after conveyance of part of a tract of land, the grantor or grantee has no access to land respectively retained or conveyed. The easement arising from the former will be termed an "implied easement" while the latter will be referred to as a "way of necessity." Though …


Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge May 1951

Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge

Washington Law Review

What is this statutory creature, the deposit owned in joint tenancy with right of survivorship?


Alimony In Washington: A Note To The Legislature, Ramón E. Brown May 1951

Alimony In Washington: A Note To The Legislature, Ramón E. Brown

Washington Law Review

The award of permanent alimony upon a divorce a vinculo, though involving the judicial process, is historically and theoretically dependent upon such power as the legislature of the particular jurisdiction deems fit to confer upon the courts. The Washington court has necessarily recognized this since in every case where the point was raised the court looked to the statutes for its authority. The divorce act now in effect, however, does not confer such power upon the courts! Undoubtedly there have been many awards of alimony since the passage of the present divorce act in 1949, but not under it. Unless …


Procedural Progress In Washington, Milton D. Green May 1951

Procedural Progress In Washington, Milton D. Green

Washington Law Review

In writing the present article the author has in mind no more ambitious purpose than to indicate exactly what changes have been made by the new court rules in the hope that by so doing he may save the members of the bar some time, energy, and temper.


Respondent's Brief Apr 1951

Respondent's Brief

Makah Indian Tribe v. Schoettler, Docket No. 12751, 192 F.2d 224 (9th Cir. 1951)

No abstract provided.


Appellants' Opening Brief Mar 1951

Appellants' Opening Brief

Makah Indian Tribe v. Schoettler, Docket No. 12751, 192 F.2d 224 (9th Cir. 1951)

No abstract provided.


Transcript Of Record Mar 1951

Transcript Of Record

Makah Indian Tribe v. Schoettler, Docket No. 12751, 192 F.2d 224 (9th Cir. 1951)

No abstract provided.


New Concepts In Trade-Mark Legislation, Orland M. Christensen Feb 1951

New Concepts In Trade-Mark Legislation, Orland M. Christensen

Washington Law Review

The widely favored Lanham Act makes important changes in the former picture, chief of which perhaps is the unprecedented effect now given trade-mark registration. The new act does not alter the common law concept that trade-mark rights must arise first out of actual use of the mark in trade. However, the owner of a valid interstate mark can now strengthen and even expand his rights substantively by registration, and, conversely, his failure to register promptly can result in serious losses.


The Legal Nature Of Soviet Collective Farms, George C. Guins Feb 1951

The Legal Nature Of Soviet Collective Farms, George C. Guins

Washington Law Review

Soviet legislation concerning collective farms (kolkhozes) reveals in an exceptionally clear manner all the peculiarities of the centralized economy. As a legal entity a kolkhoz owns its "socialist property," but this does not include the most valuable element of agricultural economy, that is, the land. Members of collective farms work on land which belongs to the state. Even the house and garden plots which are placed at the disposal of individual farmers and their families do not belong to them. Actually, only the surplus production belongs to the kolkhozes and they may dispose of it as they see fit, selling …


Contributory Negligence Of The Disfavored Driver Under The Right Of Way Statute, John Huston Feb 1951

Contributory Negligence Of The Disfavored Driver Under The Right Of Way Statute, John Huston

Washington Law Review

The automobile collision at intersections of two streets, neither of which is arterial, is perhaps one of the most common subjects of litigation. For the past twenty-three years such litigation has been governed in part by the statute entitled "Look out approaching intersection—Vehicles to right,"' which provides as follows: "It shall be the duty of every operator of any vehicle on approaching public highway intersections to look out for and give way to-vehicles on their [sic] right, simultaneously approaching a given point within the intersection, and whether such vehicle first reach and enter the intersection or not: Provided, This section …


The Special Verdict—Theory And Practice, Samuel M. Driver Feb 1951

The Special Verdict—Theory And Practice, Samuel M. Driver

Washington Law Review

At the 1949 Conference of Federal Judges of the Ninth Circuit I discussed the special verdict, and my address was published in the Washington Law Review. My treatment of the subject necessarily was largely theoretical as I had made very little use of the special verdict practice up to that time. Drawing upon abundant published material,I assembled and summarized the common criticisms of the general verdict and the claimed advantages of the special verdict, and expressed the conclusion that the latter, as prescribed in Rule 49 of the Federal Civil Rules, was entitled to much more extensive use. Having sold …


The Holy State, The Second Book, Chapter 1, The Good Advocate, Thomas Fuller Feb 1951

The Holy State, The Second Book, Chapter 1, The Good Advocate, Thomas Fuller

Washington Law Review

The following is an excerpt from The Holy State and the Profane State written by Thomas Fuller in 1642. It seemed to us a thoroughly charming piece of work and amazingly pertinent to "modern" practice. It is herewith offered for your pleasure and instruction.


Agency And Escrow, Roger K. Garrison Feb 1951

Agency And Escrow, Roger K. Garrison

Washington Law Review

There are myriad instances in the law where courts or legislatures of various states have given precise definition to a certain legal status. Such words as "trustee," "guardian," and "mortgagor" have come to have fixed meanings and definite legal incidents attached to them. Not so fortunate, however, has been the term "escrow holder," or sometimes "escrowee." While courts are generally in accord as to what circumstances will create an escrow transaction, statements of the precise legal status of the escrow holder are noteworthy for their discord rather than their harmony. As yet no court has seen fit to regard the …


The Washington Constitutional Convention Of 1889, James Leonard Fitts Jan 1951

The Washington Constitutional Convention Of 1889, James Leonard Fitts

Selected Books and Theses

Chapters cover Prologue, Framework of Government, the Framework of County Government, Pertaining to the Ballot, the Corporation Article, a Busy Week, Lands and Waters, and an Epilogue. Includes an appendix and bibliography. A thesis submitted in partial fulfillment for the degree of Master of Arts at the University of Washington.


The Washington Constitutional Convention Of 1889, James L. Fitts Jan 1951

The Washington Constitutional Convention Of 1889, James L. Fitts

Selected Articles on Washington State Constitution History

No abstract provided.