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Articles 1 - 30 of 35
Full-Text Articles in Law
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Washington Law Review
No abstract provided.
The Death Penalty Cases: A Preliminary Comment, John M. Junker
The Death Penalty Cases: A Preliminary Comment, John M. Junker
Washington Law Review
The next to last step down the long road to total abolition of capital punishment consists of a period during which the death penalty is retained as an official symbol but repealed in practice. When the proposed Revised Washington Criminal Code was published in 1970, this schizophrenic phase was already well under way, dating from at least 1967, the year of the last execution in this country. The political message suggested by this state of affairs is that while the death penalty ought to be retained in the crime-prevention arsenal, it should be used only rarely. In attempting to legitimize …
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
Washington Law Review
Those who work with Washington's criminal law generally concede that it is in need of substantial overhaul. Consequently, members of the bench, law enforcement agencies, the state legislature, the public, prosecutors and defense attorneys undertook to draft a new criminal code for Washington. Input came from varied sources—from law enforcement personnel to a former inmate of the Washington prison system. The Proposed Code reflects the input of each contributor; it cannot be labelled the Code of any single group. This article attempts to analyze those sections of the Proposed Code that are important from a defense attorney's standpoint. No attempt …
The Draftman's View Of The Revised Code, Richard H. Holmquist
The Draftman's View Of The Revised Code, Richard H. Holmquist
Washington Law Review
In this article, the author seeks to review the Code with the advantage of hindsight afforded by the passage of time since the completion of his activities as Reporter for the Judiciary Committee. Beyond this general review of the Code, the author will offer general observations concerning the process of code revision and the philosophy of the Code. Finally, the author will consider, in the context of the students' Notes appearing in this issue of the Washington Law Review, the effect adoption of the Code will have on criminal law in Washington.
A Hornbook To The Code, Anon
A Hornbook To The Code, Anon
Washington Law Review
This comment is designed to acquaint the reader with the major sections of the Revised Washington Criminal Code. In addition to analyzing the language and operative effect of each section, the student authors have compared each section with its counterpart under the present law and with the different positions taken by other modern revised criminal codes. This comment is intended to supplement, not replace, the official comments to the Code; therefore, the student authors have concentrated on raising a number of issues not dealt with in the official comments.
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
Washington Law Review
I have chosen to discuss three areas of the Proposed Code: the proof requirement (with primary emphasis upon the affirmative defenses), justification, and felony murder. These sections are vital underpinnings of the Proposed Code. The Code makes substantial changes in each of these provisions, all of which deserve and demand critical review.
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
Washington Law Review
Basically, I am dissatisfied with the Proposed Code for three reasons: (1) the Code is incomplete; (2) the Code has in many cases imposed an unrealistic burden of proof on the state which will be impractical or impossible to sustain; and (3) the Code has too narrowly defined and too leniently graded many offenses.
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Washington Law Review
The Proposed Code is comprehensive, and when one adds the criminal provisions in other chapters of the Revised Code of Washington that will not be affected by the Proposed Code, it becomes obvious that Washington's criminal law does not suffer from the defect of failing to embrace and protect vital human concerns. These vital concerns are not denuded of the protection of the criminal law. To the contrary, the comprehensiveness of the Code raises opposite sorts of questions. Thus, the chief purpose of this article is to render a service of constructive criticism. It will focus on several areas of …
Eminent Domain—Taking And Damaging: Injunction Against Taking Prior To Payment Of Damages—Wandermere Corp. V. State, 79 Wn.2d 688, 488 P.2d 1088 (1971), Anon
Washington Law Review
The Wandermere Corporation owned one mile of frontage along an open-access highway. The state planned to build a drainage facility along the highway, wholly on state-owned property. Wandermere claimed that the proposed facility, an open ditch, would lower the underground water table on its land and interfere with access rights to its property. Wandermere further alleged that the Washington constitution prohibited such state interference with property rights until there was both a judicial determination that the project would be for a public use and until damages to the property had been ascertained and paid in the manner provided by law. …
A General Theory Of Eminent Domain, William B. Stoebuck
A General Theory Of Eminent Domain, William B. Stoebuck
Washington Law Review
In perspective, then, the constitutional eminent domain clauses are not ends in themselves, nor are they beginnings. They are formal, concise statements of principles recognized and enshrined, but not invented, by the constitution maker. The real significance and meaning of these principles, therefore, depends on the discovery of their historical and theoretical development, rather than solely on the interpretations of the constitutions. The purpose of this article is to develop a framework, based on that discovery, for analyzing the principles of eminent domain. It will impose order upon our inquiry if we organize it under the following heads: the act …
Federal Common Law Remedies Under The Occupational Safety And Health Act Of 1970, Robert G. Mullendore
Federal Common Law Remedies Under The Occupational Safety And Health Act Of 1970, Robert G. Mullendore
Washington Law Review
The purpose of this comment is to determine the extent to which section 5 is enforceable by private suit in federal court. Of particular concern is whether compensatory damages are available as a matter of federal law to persons injured as a result of violations of the section. The conclusion reached is that compensatory relief for violations of subsection 5(a) is available under federal common law when recovery is inadequate or unavailable under local law and the plaintiff's injuries exceed $10,000 in value. In this way, the 1970 Act provides a needed supplement to state workmen's compensation systems.
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Washington Law Review
This comment examines the application of section 1359 to assignments and transfers which affect federal diversity jurisdiction. Throughout the following discussion, the focus is directed toward the determination of more uniform standards for the interpretation of the statute. The purpose of section 1359, from which general guidelines may be drawn, is examined in part I. Part II includes a survey of cases which have dealt with assignments and transfers to invoke or defeat federal diversity jurisdiction. Certain factors the courts have relied on, and certain rules they have developed, in attempting to answer the questions posed above will be explained, …
Administrative Law—Scope Of Review: Review Court May Not Examine The Wisdom Of Local School Board Decision, But May Determine Whether Fundamental Rights Have Been Violated—Citizens Against Mandatory Bussing V. Palmason, 80 Wn.2d 445, 495 P.2d 657 (1972), Anon
Washington Law Review
Defendant, the Seattle School Board, attempted to implement a plan to desegregate the Seattle school system. The plan included the restructuring of school grade classifications in accordance with a "middle school" concept,' and mandatory reassignment of approximately 850 black and white sixth, seventh and eighth grade children from their "neighborhood schools"' to schools in other areas of the city. Mandatory bussing was not required, but bus transportation was to be available for those students who desired it. Plaintiffs, Citizens Against Mandatory Bussing (CAMB), obtained an injunction restraining implementation of the plan for one year. The basis for the injunction was …
Inter Vivos Trusts—The Washington Testamentary Anti-Lapse Statute Applied To An Inter Vivos Trust. In Re Estate Of Button, 79 Wn.2d 849, 490 P.2d 731 (1971), Anon
Washington Law Review
Robert H. Button died in 1966, leaving two inter vivos trusts. A revocable trust executed in 1940 gave to Button a life estate with the remainder to his mother, Audrey A. Burg. There was no provision in the trust for disposition of the corpus in the event that Button's mother predeceased him. A second trust instrument, executed in 1964, was sent to Button's attorney with somewhat ambiguous instructions with regard to the revocation of the 1940 trust. To resolve the confusion created when Mrs. Burg predeceased Button by thirteen days, the trustee brought an action to determine its obligation under …
Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon
Washington Law Review
In separate accidents, plaintiffs were injured when they fell due to the defective conditions of the stairways outside their apartments. Both plaintiffs had signed a form lease with the defendant landlord which contained a broadly worded exculpatory clause. The trial court granted the defendant's request for summary judgment on the ground that the exculpatory clause precluded plaintiffs' suit, and the Washington Court of Appeals affirmed. The Washington Supreme Court reversed and remanded the case for trial. Held: An exculpatory clause in a lease of residential housing within a multi-unit apartment complex which totally relieves a landlord from his affirmative duty …
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Washington Law Review
Warner arose out of the death of a twenty-one year old college student. Alleging that the death was caused by improper diagnosis and care and by administration of unsafe drugs, her parents, individually, and her father, as administrator of her estate, brought suit for damages against the doctor, hospital, and pharmaceutical company on the grounds of negligence and breach of warranty. The parents' individual claims were dismissed because the parents were not dependents of the decedent, but the estate's claim was entertained. One of the items of damage claimed by the estate was "disability in consequence of a medical condition" …
Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom
Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom
Washington Law Review
Society punishes criminal conduct by incarceration and moral condemnation. Prior to imposing sanctions for the commission of criminal acts, the accused must be proven guilty beyond a reasonable doubt in accordance with adequate procedural safeguards. Yet each year thousands of unconvicted arrestees are subjected to the same stigma which society imposes on those who are convicted because the records of all arrestees, whether convicted or not, are retained and disseminated by law enforcement agencies. This comment will first present the arrest record debate. The traditional justifications for the present system will be compared with those underlying the new approach to …
Workmen's Compensation—Washington's Recent Amendments: Universal Mandatory Coverage, Liberalized Benefits, And A Controversial Two-Way Plan—Ch. 289, Washington Laws Of 1971; Ch. 43, Washington Laws Of 1972, Anon
Washington Law Review
In the closing hours of the 1971 First Extraordinary Session, the Washington Legislature enacted legislation substantially amending Washington's Workmen's Compensation Act. The major provisions of the amendments provide for extension of mandatory coverage to virtually all workers, substantial increases in benefits in most areas of compensation, and an option allowing employers to self-insure under limited and highly restricted conditions. The Act was further amended by the 1972 legislature. The liberalization of coverage and benefits generally met with the approval of both industry and labor, but industry was disappointed with the failure of the legislature to adopt the "three-way plan" proposed …
Community Property Law, Harry M. Cross
Community Property Law, Harry M. Cross
Washington Law Review
A book review essay considering Principles of Community Property, 2d ed., by William Q. deFuniak and Michael J. Vaughn (1971).
Discovery In Washington, Philip A. Trautman
Discovery In Washington, Philip A. Trautman
Washington Law Review
The purpose of this article is to review the developments in Washington under the discovery rules and to point up particularly some of the more common problem areas. This is appropriate not only because of the passage of time and accumulation of experience under the rules, but also because of the recent adoption of new federal discovery rules on July 1, 1970. The new federal rules are intended to remedy defects and clarify ambiguities existing under the 1938 federal discovery rules, the ones now basically controlling in Washington. One may anticipate growing discussion and eventual promulgation of part or all …
Insurance—Disability Insurer's Refusal To Pay Gives Rise To Action In Tort—Fletcher V. Western National Life Insurance Co., 10 Cal. App. 3d 376, 89 Cal. Rptr. 78 (1970), Anon
Washington Law Review
Plaintiff suffered a totally disabling back injury in an industrial accident. His insurance policy with the defendant company provided for benefits of $150 per month for thirty years for total disability due to injury. But if the disability were due to sickness, the benefits were to continue for only two years. The defendant had received extensive medical information confirming the accidental cause of the disablement. To avoid full payment, however, it attempted to pay under the limited two-year sickness provision, then stopped payments altogether, fabricated a story about a previously existing condition and demanded return of the payments it had …
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
Washington Law Review
With little fanfare the United States in 1970 revolutionized its treatment of private international arbitration by acceding to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and by amending the federal arbitration statutes to give extremely broad effect to the arbitral remedy in most international transactions. As a result, a party with an agreement to arbitrate an international commercial dispute to which the new enactments apply can look to the federal courts and federal law for enforcement of the agreement to arbitrate and for recognition of the award of the arbitrators, regardless of whether the …
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Washington Law Review
In 1970, the Washington Legislature enacted a campus disorder statute which makes it unlawful for any person to "intimidate by any threat of force or violence," or "interfere by force or violence" with any university, college, community college, or public school administrator, teacher or student who is peacefully discharging his duties. A conviction of the crime carries a maximum penalty of six months imprisonment and a fine of five hundred dollars. This note examines the scope of the new statute, its constitutionality and its potential for furthering the purposes of the criminal law. It is submitted that while the Washington …
Criminal Procedure—Right To Counsel In Investigative Grand Jury Proceedings: Washington Criminal Investigatory Act Of 1971—R.C.W. §§ 10.27.120-.140 (1971), Anon
Washington Law Review
The Criminal Investigatory Act's provision for counsel appears justified when one considers the witness' delicate position and recent extensions of the right to counsel at other stages of the criminal process. Washington's statute, however, is a significant departure from grand jury protections provided in other jurisdictions because it provides for the presence of counsel as a matter of right. This note examines the policy basis for Washington's statute and the effect this additional protection for the witness may have on the investigative efficiency of the grand jury.
Contracts—Statue Of Frauds: Part Performance As A Basis For Money Damages—Miller V. Mccamish, 78 Wn.2d 821, 479 P.2d 919 (1971), Anon
Washington Law Review
Plaintiff entered into an oral agreement to work defendant's farm for three years with an option to buy at the end of the term. The agreement specified that plaintiff would receive an annual salary, one-half of which would be retained and applied to the purchase price should plaintiff choose to buy the farm. On election to buy, plaintiff was to receive, as a credit towards the purchase price, one-third of the farm's increased value over $40,000. In addition, the agreement provided for a board of appraisers to settle potential disputes about the farm's value. Plaintiff took possession, made valuable improvements, …
Original Jurisidiction—Interstate Water Pollution: Alternatives To The Original Jurisdiction Of The United States Supreme Court—Ohio V. Wyandotte Chemicals Corp., 401 U.S. 493 (1971), Anon
Washington Law Review
Ohio, alleging that foreign corporations were polluting Lake Erie's waters by discharging mercury into tributaries of Lake Erie, sought to invoke the original jurisdiction of the United States Supreme Court by moving for leave to file a bill of complaint. Ohio desired a decree declaring the alleged pollution a public nuisance, granting injunctive relief, ordering removal of the mercury, and requiring payment of damages. The Court denied the motion for leave to file the bill of complaint. Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971).
Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon
Washington Law Review
Defendants, members of the Old Order Amish religion and of the Conservative Amish Mennonite Church, refused to enroll their children, eighth-grade public school graduates, in public high school and were subsequently convicted of violating the Wisconsin Compulsory School Attendance Law. The trial court held the attendance law to be a reasonable exercise of a governmental function of the state even though the law interfered with the defendants' sincere religious beliefs. The convictions and assessments of fines were affirmed by the circuit court. On appeal, the Wisconsin Supreme Court reversed. Held: The Wisconsin Compulsory School Attendance Law, as applied to the …
Bankruptcy—Financial Responsibility Laws—Effect Of Discharge Of Automobile Judgment Upon Driver's License Suspensions—Perez V. Campbell, 402 U.S. 637 (1971), Anon
Washington Law Review
Adolfo Perez, driving a car registered in his name, was involved in an automobile collision in Arizona. Mr. Perez was not carrying automobile liability insurance at the time of the accident. The minor who was driving the second car and her parents sued Mr. and Mrs. Perez in an Arizona state court for personal injuries and property damage. Judgment was entered against them. Mr. and Mrs. Perez filed petitions in bankruptcy and were discharged from all their provable debts, including the judgment arising from Mr. Perez's driving mishap. During the pendency of the bankruptcy proceedings, their driver's licenses and automobile …
Federal Jurisdiction—Civil Rights: A Federal Remedy Against Private Class Discrimination Under 42 U.S.C. § 1985(3) (1970)—Griffin V. Breckenridge, 403 U.S. 88 (1971), Anon
Washington Law Review
Plaintiffs, black citizens of Mississippi, sued in federal court under 42 U.S.C. § 1985(3) alleging that defendants, white citizens of Mississippi, had conspired to deprive them of the equal protection of the laws and equal privileges and immunities under the law. Plaintiffs' claim arose out of an incident during which defendants, under the mistaken belief that a person in the company of plaintiffs was a civil rights worker, stopped plaintiffs' car on a public highway, forced them from the car and physically assaulted them. The district court dismissed the suit on the ground that section 1985(3) reached only conspiracies under …
Citizenship For Eighteen Year Olds—Age Of Majority In Washington—Ch. 292, Washington Laws Of 1971, Anon
Citizenship For Eighteen Year Olds—Age Of Majority In Washington—Ch. 292, Washington Laws Of 1971, Anon
Washington Law Review
The 1971 Washington Legislature helped bridge the generation gap by lowering the age of majority to eighteen years for almost all purposes. The statute manifests a confidence in the maturity of persons between eighteeen and twenty-one years of age and recognizes their readiness to accept the responsibilities of citizenship. Although Congress brought this issue to the center of national awareness with the passage of the Voting Rights Act Amendments of 1970, the task of extending to eighteeen year olds the full measure of legal rights remains with the states. The purpose of this note is to summarize by topic the …