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Articles 1 - 30 of 38
Full-Text Articles in Law
The Migratory Divorce, George W. Stumberg
The Migratory Divorce, George W. Stumberg
Washington Law Review
If, no matter what the reason for the migration, the spouse who has obtained the foreign decree returns to his usual abode, a court there may be confronted with the problem of the local effect of the decree. The problem is one which has been with us with varying degrees of intensity since almost the very formation of the American Union.
The Use Of Survey Evidence In Antitrust Proceedings, William N. Early
The Use Of Survey Evidence In Antitrust Proceedings, William N. Early
Washington Law Review
However, the enforcement agencies have discovered an evidentiary shortcut about which the average antitrust practitioner knows little or nothing. It is with this evidentiary shortcut—survey evidence—that this article deals.
Former Jeopardy On Retrial, Lawrence M. Ross
Former Jeopardy On Retrial, Lawrence M. Ross
Washington Law Review
The Supreme Court of the United States, in Green v. United States, was for the first time squarely presented with a much-debated and much-litigated question involving former jeopardy. Defendant Green was indicted on two counts, the first alleging arson and the second, the death of a woman resulting from that arson. If the defendant were guilty of arson and the arson caused the death of the woman, it would clearly amount to murder in the first degree under the felony-murder doctrine, as provided in Washington, D.C., Code 22-2401. The trial court, mistakenly believing that second degree murder was a lesser-included …
The Privilege Against Self-Incrimination As Applied To Custodians Of Organizational Records, William H. Fraser
The Privilege Against Self-Incrimination As Applied To Custodians Of Organizational Records, William H. Fraser
Washington Law Review
One of the most critical areas of the courts' inquisitorial power involves organizational documents—books and records of the business, social, and political combines so much a part of the modern American scene. The development of the "organization man," and the diverse associations to which he belongs, has focused government attention—and regulation—upon the activities of large numbers of combinations, associations, and organizations. Perhaps it is pertinent to ask what areas of organization activity remain immune from the government subpoena. When may an officer or member rely upon the privileges he could assert with regard to his private affairs?
State Power To Regulate Labor Unions—Major Developments During The Supreme Court's 1957-58 Term, Donald H. Wollett
State Power To Regulate Labor Unions—Major Developments During The Supreme Court's 1957-58 Term, Donald H. Wollett
Washington Law Review
Covers federal pre-emption and state power.
Heart Attack Cases Under The Washington Workmen's Compensation Act, Floyd L. Newland
Heart Attack Cases Under The Washington Workmen's Compensation Act, Floyd L. Newland
Washington Law Review
The recent case of Windust v. Department of Labor and Industries brought an important change in Washington workmen's compensation law with the overruling of a long-standing rule relating to recovery under workmen's compensation for heart failure. The Windust case apparently means there can be recovery for heart failure resulting from strain only when the strain is "unusual." It appears that if the worker is doing only a routine act there can be no recovery. Though the new rule is not definitively articulated at this point, this inquiry will attempt to assess what the Washington Supreme Court has done and indicate …
The Supreme Court And National Security, Osmond K. Fraenkel
The Supreme Court And National Security, Osmond K. Fraenkel
Washington Law Review
The framers of the Constitution well understood that fear for the safety of the state might result in tyranny and injustice. In the 17th Century, England had had a spate of treason trials, many of them spurred by the notorious informer Titus Oates. In the 18th, John Wilkes' fight against general warrants had had its echoes in Massachusetts. The speech of James Otis on similar abuses was described by John Adams as the birth of the "child Independence." And France had yielded many instances by its use of the infamous lettres de cachet. No doubt these examples contributed to the …
A Study Of State Income Taxation In Washington, James V. O'Conner, Robert E. Schillberg
A Study Of State Income Taxation In Washington, James V. O'Conner, Robert E. Schillberg
Washington Law Review
Attempts to enact a net income tax in the State of Washington have been numerous and unsuccessful. Several statutes have been passed which would have levied net income taxes on individuals, and several other statutes have been passed which would have levied such taxes on corporations. However, all these enactments have been held unconstitutional, either under the United States Constitution or the Washington state constitution. As might be expected, there have been attempts to amend the state constituion to make it permissible to levy a net income tax. These attempts have all met with failure, either in the legislature or …
Jurisdictional Problems Between Washington's Workmen's Compensation Act And Federal Law, John D. Lawson
Jurisdictional Problems Between Washington's Workmen's Compensation Act And Federal Law, John D. Lawson
Washington Law Review
In this comment, the principal concern will be with the conflict between the federal law and the state act in respect to the railway worker and the shoreline worker whose activity takes him upon navigable waters of the United States. It is in these areas that the confusion as to jurisdictional matters becomes the most difficult to resolve. The applicable federal statutes are the Federal Employers' Liability Act covering railroad employees, and the Longshoremen and Harbor Worker's Act covering shoreline employees. The discussion in this paper will be devoted to ascertaining the extent of federal pre-emption and the area left …
The Constitutional Aspects Of Washington's Fiscal Crisis, Alfred E. Harsch, George A. Shipman
The Constitutional Aspects Of Washington's Fiscal Crisis, Alfred E. Harsch, George A. Shipman
Washington Law Review
The aim of this paper is to sketch the scope and nature of the current problem, to explore the legal rigidities that dominate it, and to suggest the apparent steps prerequisite to realistic, durable and workable solutions.
Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson
Extent Of Washington Criminal Jurisdiction Over Indians, Allen Lane Carr, Stanley M. Johanson
Washington Law Review
The case of In re Andy, a 1956 decision of the Washington Supreme Court, demonstrated that there are approximately 15,000 persons in the state of Washington who are not amenable to criminal prosecution under state law in certain situations, and in many instances are not amenable to either state or federal prosecution. These 15,000 persons are the Indians who live in our state but who reside in "Indian country" and have retained their status as wards of the federal government. The problem of investigating and prosecuting crimes committed by these Indians has confronted and frustrated both state and federal law …
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Federal Habeas Corpus And Incompetence Of Counsel In State Prosecutions, Mary Ellen Hanley
Washington Law Review
The purpose of this comment is to examine and analyze a group of recent decisions wherein persons convicted by state courts have sought writs of habeas corpus in federal district courts on the ground that the incompetence of counsel representing them at trial worked a deprivation of rights secured by the United States Constitution.
Wills And Probate, William Roetcisoender
Wills And Probate, William Roetcisoender
Washington Law Review
Covers cases on objection to probate of will at time of original application for probate and on executors and administrators—mortgagee's right to a deficiency judgment against other assets of the estate or against the executor.
Contracts, Allan D. Loucks
Contracts, Allan D. Loucks
Washington Law Review
Covers cases on insurance contracts—breach by anticipatory repudiation and on third-party beneficiary contracts.
Corporations, John Hoover
Corporations, John Hoover
Washington Law Review
Covers cases on the right to repurchase shares.
Criminal Law, Victor V. Hoff
Criminal Law, Victor V. Hoff
Washington Law Review
Covers cases on an indigent's right to a free transcript for use on appeal.
Evidence, Douglas M. Fryer
Evidence, Douglas M. Fryer
Washington Law Review
Covers cases on the physician-patient privilege—waiver and on hearsay—business records exception—hospital records—scope of admissible matter.
Labor Relations, Fred Bruhn
Labor Relations, Fred Bruhn
Washington Law Review
Covers cases on federal pre-emption under Taft-Hartley—interference with employment as an unfair labor practice as a common law tort.
Washington Case Law—1957; Administrative Law, Stephen C. Watson
Washington Case Law—1957; Administrative Law, Stephen C. Watson
Washington Law Review
Presented below is the fifth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by third-year students on the staff of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1957. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute …
Community Property, James V. O'Conner
Community Property, James V. O'Conner
Washington Law Review
Covers cases on mutual observance by spouses of separate property agreements.
Sales, James M. Hilton
Sales, James M. Hilton
Washington Law Review
Covers cases on recovery on breach of implied warranty of fitness—necessity of contractual privity.
Security Transactions, Anon
Security Transactions, Anon
Washington Law Review
Summarizes a case on mortgages—obligation requirement and another on chattel mortgages executed in foreign jurisdictions—their validity—rights of creditors with regard thereto.
Trusts, Fred Bruhn
Trusts, Fred Bruhn
Washington Law Review
Covers cases on resulting trusts—purchase money paid by resulting trustee as loan to beneficiary.
Workmen's Compensation, Theordore O. Torve
Workmen's Compensation, Theordore O. Torve
Washington Law Review
Covers cases on the longshoremen's act—right to sue fellow employees and on third-party tort action by a workman under the Industrial Insurance Act against a physician for malpractice.
Local Government Law, Anon
Local Government Law, Anon
Washington Law Review
Summarizes a case on declaratory judgment—municipal corporations and another on discharge of Seattle city employees—civil service—Seattle City Service Commission.
Domestic Relations, Philip Austin
Domestic Relations, Philip Austin
Washington Law Review
Covers cases on direct support by a father as a defense to his liabiity for nonpayment of child support money and on enforcement of a foreign separate support judgment.
Real Property, Floyd L. Newland
Real Property, Floyd L. Newland
Washington Law Review
Covers cases on limited-access higway condemnation—compensation for loss of easement of access—measure of compensation and on adverse user—necessity of claim of right.
Tax, William F. Lenihan, Robert D. Green
Tax, William F. Lenihan, Robert D. Green
Washington Law Review
Covers cases on the retail sales tax—construciton of home by speculative builder not a retail sale; on retail sales tax as tax on gross sales of vendor; on use tax—consumer and exceptions thereto defined—taxation of property consumed during manufacturing process (Lenihan); and on state taxation of exports (Green).
Attorney And Client, Anon
Attorney And Client, Anon
Washington Law Review
Contains a summary of one case on the wilful failure to pay income taxes as grounds for disbarment.
Constitutional Law, William B. Stoebuck, Robert D. Green
Constitutional Law, William B. Stoebuck, Robert D. Green
Washington Law Review
Covers cases on dams and waterpower—eminent domain—interstate commerce—municipal corporations—res judicata—state officers—the Cowlitz Dam Case (Stoebuck) and on treaties with Indians—fishing rights (Green).