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- Federal Rules of Evidence (3)
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- Breach of promise to marry (1)
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- Fishery Conservation and Management Act of 1976 (1)
- Joint tenancy (1)
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- Limited partnerships (1)
- Longshoremen's and Harbor Workers' Compensation Act (1)
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Articles 1 - 30 of 36
Full-Text Articles in Law
The Referendum: Democracy's Barrier To Racial Equality, Derrick A. Bell, Jr.
The Referendum: Democracy's Barrier To Racial Equality, Derrick A. Bell, Jr.
Washington Law Review
To criticize the trend toward direct democracy appears reactionary, if not un-American. Yet, as suggested earlier, the growing reliance on the referendum and initiative poses a threat to individual rights in general and in particular creates a crisis for the rights of racial and other discrete minorities. This article seeks to explain why this is so and how courts might use existing constitutional principles to recognize legitimate interests in direct legislation, yet protect minority rights against majoritarian abuse.
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson
Washington Law Review
This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.
Elimination Of The Agency Fiction In The Vicarious Admissions Exception, Norman B. Page
Elimination Of The Agency Fiction In The Vicarious Admissions Exception, Norman B. Page
Washington Law Review
This note will compare the Washington courts' application of the common law vicarious admissions exception to the broad rule embodied in Federal Rule 801(d)(2)(D). Furthermore, it will identify and analyze the policies upon which the vicarious admissions rule is grounded and will compare the effectiveness of the common law rule and the federal or "broad" rule in fulfilling those policies. It will demonstrate how, in focusing on the substantive law of agency rather than directly on those circumstances which tend to assure a statement's trustworthiness, both rules share a fundamental flaw and, as a result, accomplish only imprecisely the basic …
The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow
The Marital Privileges In Washington Law: Spouse Testimony And Marital Communications, Teresa Virginia Bigelow
Washington Law Review
This comment is an attempt to analyze and clarify Washington marital privilege law. Each privilege is presented against the backdrop of policy rationales. This overview of the privileges is designed to facilitate their use and also to point out the great need for revision of the Washington law. In conclusion, two alternative approaches are presented as models for a revised set of Washington marital privileges.
Proposed Rule Of Evidence 609: Impeachment Of Criminal Defendants By Prior Convictions, D. Joseph Hurson
Proposed Rule Of Evidence 609: Impeachment Of Criminal Defendants By Prior Convictions, D. Joseph Hurson
Washington Law Review
This comment describes current Washington law on the use of criminal convictions to impeach the testimony of criminal defendants and examines the factors which are relevant to the formation of a more acceptable rule. Adoption of the proposed rule would also affect the rules for impeaching nondefendant witnesses. Only a criminal defendant, however, is in jeopardy of actually being convicted as a result of a jury's misuse of evidence of prior convictions. Because the interests of the criminal defendant witness will be so drastically affected by the prior conviction rule which the Washington Supreme Court ultimately adopts, this comment will …
Environmental Law: Progress Toward A Coherent Standard For The "Threshold Determination", John C. Hammar
Environmental Law: Progress Toward A Coherent Standard For The "Threshold Determination", John C. Hammar
Washington Law Review
Washington enacted the State Environmental Policy Act (SEPA) in 1971, which required that consideration be given to environmental factors for all developments proposed by either private or public entities. The legislature delegated authority to promulgate rules for SEPA's interpretation and implementation to a specially created state agency, the Council on Environmental Policy (CEP).9 The CEP was specifically directed to detail the procedures for completion of the "threshold determination," the test to determine whether an environmental impact statement (EIS) must be prepared. Responding to this task, it issued the SEPA Guidelines in December 1975, the culmination of two years of extensive …
Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh
Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh
Washington Law Review
The Washington Supreme Court, in State v. Wanrow, examined the issue of self-defense for women under Washington law and held that the application of traditional self-defense rules resulted in prejudicial treatment of women defendants. This note will examine the meaning of the Wanrow decision and offer support for its holding in light of available psychological and sociological data. Additionally, this note will suggest a special analytical framework utilizing social science data to test accepted legal doctrines for latent sex discrimination. The importance of these data in exposing such discrimination will be shown by examining related cases in the area of …
Washington's New Home Implied Warranty Of Habitability—Explanation And Model Statute, Holly Keesling Towle
Washington's New Home Implied Warranty Of Habitability—Explanation And Model Statute, Holly Keesling Towle
Washington Law Review
This comment examines the status in Washington of the implied warranty of habitability as applied to the sale of new houses. The comment will explore the identity of the builder-vendor, the general nature of the warranty, and its specific elements. The Washington warranty is contrasted to those of other jurisdictions, suggestions are made for its modification, and a model statutory warranty is proposed.
Antenuptial And Postnuptial Contracts In Washington, Nancy C. Phelps
Antenuptial And Postnuptial Contracts In Washington, Nancy C. Phelps
Washington Law Review
Each state has developed its own standards for deciding when an antenuptial or postnuptial contract is "fairly" made. This comment analyzes the current requirements for validity imposed by the decisional and statutory law of the State of Washington.
Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss
Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss
Washington Law Review
This comment will examine one of the most critical aspects of the civil jurisdiction issue—tribal jurisdiction to exercise land use planning and zoning control. With such jurisdiction, a tribe may regulate or prohibit the development of reservation lands, and thus exercise a measure of control over the future of its reservation. Without zoning jurisdiction, most tribes would be forced to submit to the judgments of non-Indians about the uses of reservation lands. An introduction to the history and patterns of land ownership on Indian reservations is important to an understanding of the clashes between Indian and non-Indian reservation residents. Equally …
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Domestic Relations—Breach Of Promise To Marry: Relic Revisited To Exclude Expectation Damages—Stanard V. Bolin, 88 Wn. 2d 614, 565 P.2d 94 (1977), D. Joseph Hurson
Washington Law Review
Plaintiff, relying on defendant's proposal of marriage, trained a replacement for her job, placed her home for sale, sold her furniture, and incurred normal expenses incidental to a future union. One month before the date of marriage, defendant informed plaintiff he would not fulfill his promise of marriage; she subsequently became ill, repurchased her home furnishings, and cancelled all wedding plans. Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. The superior court dismissed the complaint …
Limited Partnership—Limited Control Through A Corporate General Partner—Frigidaire Sales Corp. V. Union Properties, Inc., 88 Wn. 2d 400, 562 P.2d 244 (1977), Lawrence Repeta
Washington Law Review
Plaintiff entered into a contract to sell appliances to a limited partnership. The contract was signed on behalf of the limited partnership by two officers of its corporate general partner. The officers each owned fifty percent of the outstanding shares of the corporation. In addition, they each held a limited partner's unit in the limited partnership. When the partnership failed to pay installments due, plaintiff brought an action against the corporate general partner and against its two officers as individuals. The assertion of personal liability was based on a provision of the limited partnership statute under which limited partners may …
Special Estate Tax Valuation Of Farmland And The Emergence Of A Landholding Elite Class, Roland L. Hjorth
Special Estate Tax Valuation Of Farmland And The Emergence Of A Landholding Elite Class, Roland L. Hjorth
Washington Law Review
Examines Internal Revenue Code provisions on farmland as an inheritable asset, including those provisions that offer substantial tax savings.
The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy
The Interaction Of Federal Equitable Remedies With State Sovereignty—Puget Sound Gillnetters Association V. Moos, 88 Wn. 2d 677, 565 P.2d 1151 (1977), Bennet A. Mcconaughy
Washington Law Review
The Washington Supreme Court held in Puget Sound Gillnetters Association v. Moos that the State Director of Fisheries did not have authority to issue regulations required by a federal court order guaranteeing treaty Indians the opportunity to catch specific percentages of various salmon runs. After attempting to act in the face of conflicting interpretations of his powers, the Director eventually bowed to the state court's determination and refused to promulgate the regulations. To implement its order, the federal court assumed control of the Washington salmon fisheries. This conflict between the federal and state court decisions raises two general questions. The …
Malicious Prosecution Counterclaims Now Allowable In The Principal Action—Implicit Abandonement Of The Doctrine Of Strict Limitation—Wash. Rev. Code § 4.24.350 (Supp. 1977), Richard D. Vogt
Washington Law Review
With the enactment of R.C.W. § 4.24.350,however, the Washington State Legislature has made the malicious plaintiff an endangered species in this state. The statute eliminates two major common law roadblocks—one procedural, the other substantive—to successful assertion of an action for malicious prosecution of an ordinary civil suit. Unfortunately, because the new law is so intimidatingly expansive in its apparent scope, potential plaintiffs with arguably valid claims may also be deterred from seeking legal redress.
Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris
Washington's Public Law 280, Jurisdiction On Indian Reservations, Allan Baris
Washington Law Review
In April 1977 a Ninth Circuit panel in Yakima I 5 ruled that R.C.W. ch. 37.12 violates the equal protection clause of the fourteenth amendment. The Supreme Court, in accepting review, has instructed the parties to prepare briefs on both the equal protection challenge and the issue of Washington's compliance with PL-280.17 Several Washington tribes have contended that R.C.W. ch. 37.12 fails to comply with PL-280 because (1) Washington failed to amend its constitution in order to remove a disclaimer of jurisdiction on Indian lands 18 and (2) PL-280 does not permit the assumption of partial jurisdiction by a state. …
Domestic Relations—Tentative Requirement Of Disclosure And Independent Counsel For Marital Agreements—In Re Marriage Of Hadley, 88 Wn. 2d 649, 569 P.2d 790 (1977), Bruce Judd
Washington Law Review
Plaintiff husband and defendant wife executed three property status agreements during their marriage after discovering that the wife had multiple sclerosis. The couple's personal and business counsel drafted the agreements to minimize the wife's death and estate taxes. Before signing the agreements, the wife received advice from the family counsel and travelled to her husband's properties. In addition, the wife engaged another attorney to examine the agreements, but he declined to give her advice because she failed to provide him with necessary information. The husband obtained a dissolution decree embodying the agreements. On appeal, the Washington Supreme Court held (5-3) …
Herring, Sardines, And Foreign Affairs: Determination Of Optimum Yield Under The Fishery Conservation And Management Act Of 1976—Maine V. Kreps, 563 F.2d 1043 (1st Cir.), Remanded, No. 77-45-Sd (S.D. Me. Aug. 26, 1977), Aff'd, 563 F.2d 1052 (1st Cir. 1977), William H. Beaver, Jr
Washington Law Review
This note will analyze the major issue of Maine v. Kreps, whether Secretary Kreps fulfilled the FCMA's requirements in her determination of optimum yield. This issue is discussed in two parts. First, the criteria expressed in the preliminary management plan are analyzed in light of the relevant provisions of the FCMA. Second, the inclusion of foreign policy considerations in the optimum yield calculations (a factor not discussed in the preliminary management plan) is analyzed by (1) inferring from the Maine opinion the proper use of foreign policy in management decisions, and (2) suggesting criteria which may affect the role of …
The Longshoremen's And Harbor Workers' Compensation Act And The Invitee Standard: Maritime Law Gone Aground?, Thomas W. Burt
The Longshoremen's And Harbor Workers' Compensation Act And The Invitee Standard: Maritime Law Gone Aground?, Thomas W. Burt
Washington Law Review
Considers the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act, especially circumvention of the exclusive benefits provision and "redistributing the liability for longshoring accidents so as to promote safety in the industry."
Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen
Protection Of Recreation And Scenic Beauty Under The Washington Forest Practices Act, Brian L. Hansen
Washington Law Review
This comment examines Washington's failure to adequately protect recreation and scenic beauty from the adverse effects of forest practices. It first describes the Forest Practices Act, then discusses the absence of Forest Practices Board regulations protecting scenic beauty and recreation. It then analyzes the preemptive effect of the Forest Practices Act and its interrelationship with other laws and regulations such as the State Environmental Protection Act (SEPA) and SEPA guidelines, the Shoreline Management Act, and local regulations. The comment concludes that further administrative and legislative action is necessary to protect recreation and scenic beauty in Washington's forests.
God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen
God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen
Washington Law Review
This article examines the applicability of existing constitutional doctrine to state action which prohibits, burdens, or declines to fund scientific research, not because of deficiencies in its research design, the credentials of the investigator, safety or health hazards, or projected cost-benefit balance of the results, but because the state considers the area of inquiry itself inappropriate or suspect. This article tenders and examines the thesis that governmental decisions to regulate scientific inquiry because of the nature of the knowledge likely to result implicate highly protected constitutional values, particularly those of the first amendment, thereby invoking the stringent model of judicial …
"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles
"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles
Washington Law Review
This comment concludes that "no damage" clauses should not be enforced because they are generally imposed without genuine bargaining and they tend to work oppressive results on a contractor by subjecting it to a risk of substantial and unforeseeable liability for damages arising from delays attributable to the owner. An analogy to the law of liquidated damages provides a useful illustration of the type of inequity which is promoted by enforcing "no damage" provisions, as well as a doctrinal basis for holding such clauses invalid.
Civil Rights—Homosexual Teacher Dismissal: A Deviant Decision—Gaylord V. Tacoma School District No. 10, 88 Wn. 2d 286, 559 P.2d 1340, Cert. Denied, 98 S. Ct. 234 (1977), James H. Lowe
Washington Law Review
The facts culminating in James Gaylord's dismissal were undisputed. Gaylord had been a highly regarded public high school teacher for nearly twelve years when a student sought his counsel on several topics, including homosexuality. During their conversation the student formed the belief, not predicated upon any admission by Gaylord, that the teacher was homosexual. A year later he reported this belief to the vice-principal, who elicited Gaylord's confirmation of its accuracy. The school board promptly dismissed Gaylord on the ground of "immorality,"' because he had become a publicly known homosexual. There was no criticism of Gaylord's conduct toward any student …
Uniform Commercial Code—Accounts Receivable Financing: Secured Parties' New Doubts Under The "Casual And Isolated" Test—Architectural Woods, Inc. V. State, 88 Wn. 2d 406, 562 P.2d 248 (1977), Norman B. Page
Washington Law Review
The Washington Supreme Court held, in Architectural Woods, Inc. v. State, that the assignment fell within section 9-302(1)(e) and that since plaintiffs security interest was thus automatically perfected, the bank's interest was subordinate." In deciding that Didco's assignment to plaintiff fell within the section 9-302(1)(e) exemption from filing, the court was required to construe the language of that subsection and its accompanying official comment. More particularly, the court considered the appropriate test for determining whether the assignment constituted a "significant part" of Didco's outstanding accounts and contract rights. This note will analyze the court's reasoning in adopting the "casual and …
Torts—Misapplication Of The Tort Of Interference With Business Relations—Cherberg V. Peoples National Bank, 88 Wn. 2d 595, 564 P.2d 1137 (1977), Craig Gannett
Washington Law Review
Lessor, the Joshua Green Corporation, breached the covenant of quiet enjoyment by refusing to repair the outside wall of the building in which the Cherbergs were leasing space for their restaurant and by threatening to post the building as unsafe. The Cherbergs sued the Green Corporation for breach of contract and for interference with business relations. The trial court sustained both causes of action. The jury awarded $3,100 as contract damages and $38,900 as tort damages for mental anguish. The Washington Court of Appeals upheld the damage award for breach of contract but concluded that the tort of interference with …
Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka
Washington Law Review
This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …
Application Of The Antilapse Statutes To Appointments Made By Will, Susan F. French
Application Of The Antilapse Statutes To Appointments Made By Will, Susan F. French
Washington Law Review
Although litigation involving powers of appointment has been relatively infrequent, the increasing use of powers over the last few decades forebodes increasing litigation in this field. Anticipating this development, several states have enacted fairly comprehensive statutes which attempt to set forth in accessible form certain aspects of the common law of powers, make certain revisions in the common law, and replace outmoded statutes on powers. One area in which both the common law and the recent statutes are inadequate is in the application of antilapse statutes to appointments made by will. This article examines the development of the common law …
Criminal Procedure—Preservation Of Due Process When Evidence Is Destroyed Or Tested—State V. Wright, 87 Wn. 2d 783, 557 P.2d 1 (1976), Maxine Stansell
Criminal Procedure—Preservation Of Due Process When Evidence Is Destroyed Or Tested—State V. Wright, 87 Wn. 2d 783, 557 P.2d 1 (1976), Maxine Stansell
Washington Law Review
The purpose of this note is to identify uncertainties in the future application of the Wright rule and to predict their probable resolution. Analysis of Wright and the cases on which it relies leads to the conclusion that failure to use the notice-petition procedure before disposition or testing of evidence will result in sanctions only if the defense can show that evidence destroyed, or chemically changed in testing, was potentially material, and only if the state is unable to show that the failure to preserve was reasonable. In addition, the Wright rule implies a defense right to observe or participate …
Jurisdiction—A Methodological Analysis: Implications For Presence And Domicile As Jurisdictional Bases—Shaffer V. Heitner, 433 U.S. 186 (1977), Steven E. Cummings
Jurisdiction—A Methodological Analysis: Implications For Presence And Domicile As Jurisdictional Bases—Shaffer V. Heitner, 433 U.S. 186 (1977), Steven E. Cummings
Washington Law Review
A shareholder in Greyhound Corporation, a Delaware corporation, brought a derivative action against corporate officers and directors alleging that certain actions by the defendants in Oregon had caused substantial harm to the corporation. The suit was initiated in a Delaware state court with jurisdiction based only on the statutory presence of property in that state. The defendants contested this attempt to assert quasi in rem jurisdiction on due process and other grounds, but their arguments were rejected by the trial court and the Delaware Supreme Court. The United States Supreme Court reversed. Held: The minimum contacts test developed in International …
Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley
Balancing Private Loss Against Public Gain To Test For A Violation Of Due Process Or A Taking Without Just Compensation, Jeffrey T. Haley
Washington Law Review
The first part of this comment examines the test of balancing private loss against public gain to establish the conceptual basis for analyzing its proper uses. The test is shown to require that land use regulations serve the general welfare and that the public benefits alone, without consideration of incidental private benefits, be sufficient to justify the burdens placed on private property. Part II presents the essential characteristics of the due process and taking without compensation limitations as they have been construed by the United States Supreme Court and developed by other courts and commentators. It is shown that the …