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Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White

Articles

Aloha Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-585)

Hawaiian Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-566)

Argued October 4. 1983. Decided November 1, 1983

Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth

Washington Law Review

Actions alleging municipal tort liability for negligent administration of building and zoning codes are part of the current judicial and legislative trend to abolish municipal tort immunity. In surveying how such actions are treated, this Comment briefly examines the historical background of governmental immunity. It then categorizes the states according to the scope of governmental tort immunity currently recognized. After establishing these categories, this Comment applies the law under each category to the facts of Preston v. City of Daniellville, the hypothetical case. It then analyzes the public duty defense raised by the municipality, focusing on the origin of the …

Construction, Mechanics' And Materialmen's Liens, The Law In Arkansas, Isaac A. Scott Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Unconscionability In A Commercial Setting: The Assessment Of Risk In A Contract To Build Nuclear Reactors, Steven Goldberg

Washington Law Review

Eighty-eight Pacific Northwest public utilities in 1976 contracted with the Washington Public Power Supply System ("WPPSS") for the construction of two nuclear power plants. The contract, or Participants' Agreement, contained a so-called "hell-or-high-water" clause which obligated the utilities to pay for the construction of the nuclear plants whether or not any electricity was ever produced. This article explores the possibility that such a clause might be unenforceable because of its unconscionability. The article demonstrates that, contrary to popular belief, unconscionability has often been found in non-consumer commercial settings. It considers several common avenues to finding substantive and procedural unconscionability and …