Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (7)
- Constitutional Law (3)
- Family Law (3)
- Administrative Law (2)
- Fourteenth Amendment (2)
-
- Jurisdiction (2)
- Labor and Employment Law (2)
- Medical Jurisprudence (2)
- Admiralty (1)
- Business Organizations Law (1)
- Contracts (1)
- Criminal Law (1)
- Election Law (1)
- Evidence (1)
- First Amendment (1)
- Housing Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Judges (1)
- Law and Philosophy (1)
- Legal Profession (1)
- Natural Resources Law (1)
- Secured Transactions (1)
- Torts (1)
- Water Law (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
Long-Arm Jurisdiction And Quasi In Rem Jurisdiction In Washington, Philip A. Trautman
Long-Arm Jurisdiction And Quasi In Rem Jurisdiction In Washington, Philip A. Trautman
Washington Law Review
During the past decade and a half considerable change has occurred on a national basis in the areas of choice of law and judicial jurisdiction. In Washington, while there has been some change in choice of law principles, it has been relatively modest. On the other hand, Washington has been in the forefront of the development of jurisdiction concepts. There has been an unusual amount of significant litigation under the Washington long-arm statute. That litigation and its meaning will constitute the major topic of discussion in this article. In addition, recently there has been an important curtailment of quasi in …
Indian Treaty Analysis And Off-Reservation Fishing Rights: A Case Study, Richard A. Finnigan
Indian Treaty Analysis And Off-Reservation Fishing Rights: A Case Study, Richard A. Finnigan
Washington Law Review
In United States v. Washington, Federal District Court Judge Boldt held that treaties negotiated in the 1850's by Territorial Governor Isaac Stevens, on behalf of the federal government, reserved to the Indians of western Washington the right to fish off reservation for salmon and steelhead in their "usual and accustomed places." These treaties stated that the right is to be exercised "in common with" non-Indian fishermen. In a critical examination of precedent which clarified much of the prior uncertainty concerning Indian treaty analysis, Judge Boldt interpreted this treaty language to require that the Indians be given an opportunity to harvest …
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Washington Law Review
In 1970, Harry Lehman, a candidate for election to the Ohio state legislature, attempted to purchase advertising space on local buses belonging to the city of Shaker Heights' rapid transit system. Although space was available, the advertising agent for the transit company rejected Lehman's request because its contract with the city proscribed political advertising on buses. Lehman sought a declaratory judgment and an injunction, alleging violation of the first and fourteenth amendments. The trial court denied relief, and the state supreme court affirmed. In a 5-4 decision, the United States Supreme Court affirmed. In the plurality opinion, Justice Blackmun concluded …
Labor Law—Educational Employment Relations Act—Legislative Silence And The Function Of Courts In Teachers' Strike Injunction Suits—Ch. 288, [1975] Wash. Laws, 1st Ex. Sess. 1227, Richard Alcorn
Washington Law Review
Although the Washington State Legislature has enacted several statutes providing for collective bargaining in public employment, until recently it avoided the complex issues arising out of breakdowns in negotiations between local school boards and certificated teachers' representatives. In 1975, after considerable debate and a number of unsuccessful attempts, the legislature adopted the Educational Employment Relations Act (EERA) defining the rights and duties of parties to collective bargaining in the education sector. The measure is a response to the increasing militancy of teachers as a professional employee group, the apparent ineffectiveness of anti-strike injunctions, and the lack of inducements to bargain …
Federal Courts—Rx For Federal Anticipatory Relief In State Criminal Proceedings—Steffel V. Thompson, 415 U.S. 452 (1974), Bobbe Jean Ellis
Federal Courts—Rx For Federal Anticipatory Relief In State Criminal Proceedings—Steffel V. Thompson, 415 U.S. 452 (1974), Bobbe Jean Ellis
Washington Law Review
In the fall of 1970, plaintiff Richard Steffel participated in the distribution of anti-war leaflets at a shopping center in De Kalb, Georgia. Under threat of arrest from police officers who had been summoned by the shopping center management, he and his companions dispersed. Two days later, however, Steffel and Sandra Lee Becker, another member of the group, returned to the center and resumed handbilling. Police again threatened them with arrest. Although Steffel departed, his companion Becker remained. The police arrested her for criminal trespass. Steffel subsequently invoked the Civil Rights Act and sought a declaratory judgment and injunctive relief …
Physicians And Surgeons—Malpractice—Court Disregard For The Standard Of The Profession—The Legislative Response—Helling V. Carey, 83 Wn. 2d 514, 519 P.2d 981 (1974); Wash. Rev. Code § 4.24.290 (Supp. 1975), Alan J. Peizer
Washington Law Review
This note will examine the relationship between the standard of care and the role of expert medical testimony in medical malpractice actions, discuss various interpretations of the Helling decision, and suggest the most practical of those interpretations, particularly in light of the subsequent enactment of R.C.W. § 4.24.290.5 The purpose of this statute was to nullify the Helling decision and re-establish the pre-Helling standards of negligence in medical malpractice cases. As will be demonstrated, although the statute in large part succeeds in allaying the fears of medical practitioners and defense attorneys which were induced by Helling v. Carey, the case …
Autonomy And The Legal Control Of Self-Regarding Conduct, William C. Powers, Jr.
Autonomy And The Legal Control Of Self-Regarding Conduct, William C. Powers, Jr.
Washington Law Review
My purpose in this essay is to criticize Mill's principle of liberty as a limit on the legitimate scope of legal coercion. I shall do so not by focusing on previously examined justifications for frustrating individually chosen lifestyles, but rather by examining the arguments in favor of the principle of liberty itself. I shall argue that at least two of its principal bases do not support its conclusion that communally determined elements of lifestyle cannot be legitimately imposed on unwilling individuals except to prevent harm to others. Indeed, these bases are fully consistent with the imposition of communally rather than …
A Jurisdictional Basis Of Nonstatutory Judicial Review In Suits Against Federal Officers—Jurisdictional Amount, The Administrative Procedure Act And Mandamus, Mark William Pennak
A Jurisdictional Basis Of Nonstatutory Judicial Review In Suits Against Federal Officers—Jurisdictional Amount, The Administrative Procedure Act And Mandamus, Mark William Pennak
Washington Law Review
This comment examines the possible sources of subject matter jurisdiction for the federal district courts in nonstatutory judicial review suits. Specifically, the comment will explore the limits of the general federal question jurisdiction provision of 28 U.S.C. § 1331 (Section 1331) and then focus on the mounting confusion and conflict among the circuits as to the jurisdictional nature of the judicial review provisions of the APA. The proper scope of review under the 1962 mandamus statute, 28 U.S.C. § 1361 (Section 1361), will also be scrutinized. The comment concludes that despite the growing acceptance of the APA as an independent …
Employment Discrimination—Nlrb Certification Of Discriminatory Unions As Governmental Action—Bekins Moving & Storage Co., 211 N.L.R.B. No. 7, 86 L.R.R.M 1323 (1974), Diane Rees Stokke
Employment Discrimination—Nlrb Certification Of Discriminatory Unions As Governmental Action—Bekins Moving & Storage Co., 211 N.L.R.B. No. 7, 86 L.R.R.M 1323 (1974), Diane Rees Stokke
Washington Law Review
A local labor union, an affiliate of the Teamsters Union, filed a petition with the National Labor Relations Board (the Board) pursuant to Section 9(c) of the National Labor Relations Act (NLRA) seeking to represent the employees of a moving and storage company. At a preelection hearing conducted pursuant to Section 9(c)(1) of the NLRA, the employer argued that the union should be disqualified from seeking certification because it engaged in "invidious discrimination" against women and Spanish-speaking and Spanish-surnamed persons. The Board held that it will entertain the employer's motion at a post-election hearing, and then only if the allegedly …
Political Battles For Judicial Independence, William H. Rehnquist
Political Battles For Judicial Independence, William H. Rehnquist
Washington Law Review
There is a tendency among present and former law students to think that the development of the nature and extent of the authority of the federal judiciary, and of the Supreme Court of the United States in particular, may be found in the celebrated cases decided by that Court. To an extent this is undoubtedly true. However, at least two major political struggles in this nation have had as much to do with defining the nature of the judicial power in the federal system as anybut a handful of the major decisions of the Supreme Court. No reported judicial decision …
School Finance In Washington—The Northshore Litigation And Beyond, William R. Andersen
School Finance In Washington—The Northshore Litigation And Beyond, William R. Andersen
Washington Law Review
This article will examine the dispute as it has arisen in Washington, a state which, while an early leader in the fair provision of education, has fallen into the same patterns of inequity as most other states. Unfortunately, the magnitude of these inequities has yet to penetrate the legislative perception, and the character of the problem has yet to be fully understood by the state supreme court—as demonstrated by Northshore. It is hoped that the data and discussion presented here will contribute to a better comprehension of the problem.
Contracts—Modification Agreements: Need For New Consideration; Economic Duress—Rosellini V. Banchero, 83 Wn. 2d 268, 517 P.2d 955 (1974), Curtis L. Crocker
Contracts—Modification Agreements: Need For New Consideration; Economic Duress—Rosellini V. Banchero, 83 Wn. 2d 268, 517 P.2d 955 (1974), Curtis L. Crocker
Washington Law Review
Plaintiff, a contractor, and defendant, a property owner, orally contracted for the construction of defendant's building. The work was to be done on a time and materials basis with a ceiling price of $56,146, plus extras ordered by defendant and sales tax. Payments were to be made to plaintiff in installments' upon presentation of invoices for costs incurred. When construction was approximately 90 percent completed and the subcontractors were demanding payment from him, plaintiff submitted an invoice for $16,720. Defendant at that point manifested a vague dissatisfaction with the "whole job," withheld payment and proposed a written modification agreement lowering …
Apportionment Of Damages In Collisions At Sea, Charles M. Davis
Apportionment Of Damages In Collisions At Sea, Charles M. Davis
Washington Law Review
This comment will consider the problems which must be faced by the courts and the bar in establishing standards for apportionment of blame and will evaluate the effects of the new rule on other rules and doctrines of substantive maritime law. Although the Court's decision in Reliable Transfer abrogates the equal division of damages rule, it leaves undisturbed several anomalous doctrines developed in response to the rule.
Evidence—Credibility Impeachment And The Drug-Using Witness—State V. Renneberg, 83 Wn. 2d 735, 522 P.2d 835 (1974), Randall A. Peterman
Evidence—Credibility Impeachment And The Drug-Using Witness—State V. Renneberg, 83 Wn. 2d 735, 522 P.2d 835 (1974), Randall A. Peterman
Washington Law Review
In chambers before the grand larceny trial of Milton and Virginia LaVanway, the court apparently ruled that testimony about the defendants' prior drug use' was inadmissible in the state's case. When the defendants subsequently testified to their good character, however, the trial court admitted such evidence for purposes of impeachment. On appeal of their convictions defendants challenged the admission of the evidence. The Washington Supreme Court affirmed the convictions, holding that once a defendant's character has been placed in issue, evidence of drug use is admissible to attack his or her character on cross-examination. The plurality opinion also stated in …
Partnership—Disclosure, Fairness And Substantive Administrative Regulation Of A General Partner's Fiduciary Duty In A Real Estate Limited Partnership—Bassan V. Investment Exchange Corp., 83 Wn. 2d 922, 524 P.2d 233 (1974); Wash. Ad. Code §§ 460-32a-010 Et Seq. (1975), Linda Kelley Ebberson
Washington Law Review
Bassan is the first case in Washington to be decided under Section 9 of the Washington Uniform Limited Partnership Act (WULPA) since its adoption in this jurisdiction in 1945. The court's decision is unique not only in its statement that the general partner is precluded from retaining undisclosed profits in its dealings with and on behalf of the limited partnership without the express consent of all limited partners, but also in its implication that the court will look beyond the form of the transaction to examine the substantive fairness of the bargain to the limited partners. This note will discuss …
Justice White's Chemistry: The Mitchellization Of Fuentes, Janis A. Cunningham
Justice White's Chemistry: The Mitchellization Of Fuentes, Janis A. Cunningham
Washington Law Review
This comment will explore the interaction of these four major cases, and interpret their composite message to the secured creditor. It initially will analyze the various opinions of Justice White, concentrating particularly on the roles of stare decisis and supremacy in Di- Chem, and of Justice Powell, particularly his emphasis upon distinguishing secured from unsecured transactions. Second, the comment will discuss the three basic remedies available to the secured creditor: the adversary hearing under Fuentes, self-help repossession, and the ex parte procedure under Mitchell. Mitchell's due process balancing analysis is favored as an appropriate compromise between self-help on the one …
Equal Educational Opportunity, Constitutional Uniformity And The Defunis Remand, Arval A. Morris
Equal Educational Opportunity, Constitutional Uniformity And The Defunis Remand, Arval A. Morris
Washington Law Review
The purpose of this article is to set forth competing notions of equal educational opportunity, indicating which may be appropriate at the state and federal levels, and to review and comment on the inconclusive history of one case that involved the crucial question whether a state's racially conditioned law school admissions program is consistent with a state's constitutional duty to afford equal educational opportunity—DeFunis v. Odegaard.
Parental Rights And State Education, Joel S. Moskowitz
Parental Rights And State Education, Joel S. Moskowitz
Washington Law Review
Wisconsin v. Yoder has injected new vitality into a complaint that has been smouldering for decades, that the balance between state control and parental control over the education of children has tipped too far in favor of the state. The thesis of this article is that this control is being returned to parents, but with one crucial difference: While the older cases found parental prerogatives in the interstices of statutes or in their purposeful interpretation, the re-establishment of these same prerogatives is being manifested on a constitutional basis, in the face of clearly drawn statutes. The article will examine several …
Education—Due Process For Washington Public School Students—Wash. Ad. Code Ch. 180-40 (1972), Philip Talmadge
Education—Due Process For Washington Public School Students—Wash. Ad. Code Ch. 180-40 (1972), Philip Talmadge
Washington Law Review
The extension of fourteenth amendment due process rights to students in the public schools is a relatively recent phenomenon in educational law. In contrast to the earlier emphasis upon student responsibilities, there is now an increasing recognition of student constitutional rights. In Washington, legislation and administrative rules promulgated by the State Board of Education have conferred the basic protections of constitutional due process upon pupils from kindergarten through high school. This note will discuss the effect of these enactments on the rights of students and on the educational environment in Washington. Following an examination of the Washington regulatory framework, three …
State Law—Uniform Alcoholism And Intoxication Treatment Act, Wash. Rev. Code Ch. 70.96a (1974)—Decriminalization Of Alcoholism—Alcoholism As A Defense To Criminal Liability, Fred A. Johnson
Washington Law Review
On January 1, 1975, the Washington State Uniform Alcoholism and Intoxication Treatment Act (the Act) became effective. It directs that treatment replace punishment as the appropriate mechanism for dealing with alcoholics and intoxicated persons. The Act repeals or amends all criminal law provisions relating to public drunkenness and mandates a comprehensive treatment program for persons with alcohol problems. This note examines the mechanics of the Washington Act and the legislative determination that alcoholism is a disease and that the drinking it induces is beyond the control of the alcoholic. Consideration is given to whether Washington law can consistently treat chronic …
Election Law—Initiative 276—The Constitutionality And Feasibility Of Political Campaign Expenditure Limitations In Washington—Bare V. Gorton, 84 Wn. 2d 380, 526 P.2d 379 (1974), Parry Grover
Washington Law Review
Until it was declared unconstitutional by the Washington Supreme Court in Bare v. Gorton, Section 14 of Initiative 276 further regulated the political process by setting campaign expenditure limits for candidates and for organizations supporting or opposing candidates or ballot propositions." This note will focus upon the vagueness and first amendment problems raised by campaign expenditure limitations generally and the bases upon which these limitations may be constitutionally justified. The discussion will be directed primarily at Initiative 276 and the prospects for future expenditure limitation legislation in Washington; criteria for drafting a new expenditure limitation law will be suggested.
Judicial Enforcement Of Academic Tenure: An Examination, Alan A. Matheson
Judicial Enforcement Of Academic Tenure: An Examination, Alan A. Matheson
Washington Law Review
This article will examine the existing judicial authority on the legal status of academic tenure at the college level. The article begins with a discussion of acquisition of tenure and proceeds to analyze obstacles to its enforcement and grounds for dismissal from a tenured position, together with the procedural protections which must accompany dismissal.
The University And Education About Law, Charles E. Odegaard
The University And Education About Law, Charles E. Odegaard
Washington Law Review
The thesis of this article is that law is too large and too important a subject to be left by the university to the law school. To say this is not to fault the law school which already carries a substantial segment of instructional responsibility, but rather to fault the university's total approach to the study of law and all its ramifications, both as a matter of rational study and as preparation for careers—note, I say careers—related to the study of law.
Constitutional Law—Establishment Clause: No Tuition Grants, No Tax Benefits For Parents Of Nonpublic School Children—Committee For Public Education & Religious Liberty V. Nyquist, 413 U.S. 756 (1973), E. Michele Moquin
Washington Law Review
This note considers the Court's treatment of New York's tuition reimbursement (Section 2) and tax exemption (Sections 3 through 5) provisions. Since the tuition and tax provisions were expected to equalize the educational choice afforded to all parents and children of the state, regardless of financial capabilities, it is submitted that the Court's decision invalidating the provisions is an unwarranted application of the constitutional prohibition against an establishment of religion. To support this proposition, this note will trace the development in the establishment clause cases of the tripartite test of constitutionality, examine the concept of benevolent neutrality as an underlying …
Regulating The Multistate Practice Of Law, Samuel J. Brakel, Wallace D. Loh
Regulating The Multistate Practice Of Law, Samuel J. Brakel, Wallace D. Loh
Washington Law Review
This article will present some conclusions on theoretical grounds about the existing rules and the public protection rationale. There will be some discussion about the application of these rules to various multistate practice situations. Finally, the article will suggest directions for future empirical research in this area.
Administrative Law—Judicial Review—"Mental Process" Privilege Prevents Discovery Of Existence Of Agency Head's Statutorily-Required Personal Decision—National Nutritional Foods Association V. Food & Drug Administration, 491 F. 2d 1141 (2d Cir. 1974), Robert O'Callahan
Washington Law Review
Within 13 days of being named Commissioner of the Food and Drug Administration (FDA), Commissioner Schmidt issued "14 final regulations, 13 proposed regulations and six notices stretching over many pages of the Federal Register. Schmidt was authorized to make the requisite final review of the National Nutritional Foods Association's objections prior to issuing final FDA regulations. The final regulations, which govern the public sale of dietary supplements, were preceded by a recital that the Commissioner had considered the evidence from public hearings, the hearing examiner's report and all the later exceptions and written arguments filed against the regulations. Petitioners argued …
Water And Watercourses—Federal Jurisdiction—Federal Common Law Determines Ownership Of Re-Exposed Navigable River Beds—Bonelli Cattle Co. V. Arizona, 414 U.S. 313 (1973), Richard A. Hopp
Washington Law Review
Plaintiff Bonelli Cattle Company (Bonelli) brought a quiet title action against the State of Arizona to determine ownership of newly reemerged land purchased by Bonelli in 1955 from a federal grantee, the Santa Fe Railroad. When the Santa Fe obtained the parcel in 1910, it comprised 280 acres of dry land. In that year the Colorado River, a navigable stream, formed the boundary between Arizona and Nevada and flowed more than one-quarter mile to the west. However, the Colorado moved slowly eastward so that in 1955 it covered all but 60 acres of the parcel. The submerged portion was re-exposed …
Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth
Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth
Washington Law Review
This article is an attempt to deal with the "larger whole" of community property divisions. It concludes with a proposal that, inasmuch as marriages in community property states are similar to partnerships, the dissolution of marriages should be treated for tax purposes in a manner similar to the dissolution of partnerships.
The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price
The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price
Washington Law Review
This article reports the results of an empirical study of the distribution, disposition and taxation of wealth at death in a community property state—Washington. The study was undertaken in order to extend the existing data base regarding the transmission of property at death to two new areas: (1) the community property states; and (2) transfers by way of probate avoidance devices. The existing data base is derived primarily from three relatively recent studies of the transmission of wealth at death through the estate administration process in common law property states. They provided answers to a host of very important and …
Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein
Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein
Washington Law Review
In recent years the Government's efforts in promoting health, safety and welfare have necessitated an increased number of administrative inspections of commercial and noncommercial premises. Although such inspections were previously held to be excluded from the fourth amendment's ban on unreasonable searches and seizures, the Supreme Court held in Camara v. Municipal Court and See v. Seattle that administrative inspections must comply with the warrant provision of the fourth amendment. Since those decisions, the Court has emphasized the exceptions to, rather than the strictures of, the warrant requirement. This article analyzes developments in the law concerning administrative searches and seizures …