Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Michigan Law Review
A Review of Chiesa e State: Church-State Relations in Italy Within the Contemporary
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba
Michigan Law Review
Political Laws have been the subject of a much disputed doctrine. It has been stated by Dicey, and by other authoritative writers in various countries, that a court has no jurisdiction to entertain an action for the enforcement of a "political law" of a foreign state. The term "political law" is not limited to the field of public law. It is, of course, only exceptionally that rules governing the relations between a state and its citizens are given extraterritorial effect. The doctrine goes further. It holds that rules which are technically a part of private law, but which are designed …
Italian Administrative Courts Under Fascism, Paul B. Rava
Italian Administrative Courts Under Fascism, Paul B. Rava
Michigan Law Review
Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
Michigan Law Review
That every judicial judgment, whatever its character, consists of premises and conclusion is a fact sufficiently obvious. In our system, especially, expression of the premises must very often be sought outside the actual judgment-order and collected from other parts of the judicial record or even from evidence aliunde of what took place at the hearing. But the legal nature of the relation between premises and conclusion is independent of the particular structure of the record and the mode of ascertaining what those premises were. Given satisfaction of the requirements of the law with respect to identity of parties, it is …
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
The Investigating Magistrate (Juge D'Instruction) In European Criminal Procedure, Morris Ploscowe
Michigan Law Review
For nearly five centuries the distinctive figure in the preliminary stages of European criminal proceedings has been the investigating magistrate, known in France as the juge d'instruction. Although temporarily eclipsed by the revolutionary reforms in France in 1791, he was soon re-established. In other European countries the juge d'instruction continued to be the central figure in the preliminary procedure through all the reforms achieved by the liberal movements of the nineteenth century. The investigating magistrate has remained a purely Continental institution. In theory and in practice he embodies the essential difference between Continental and Anglo-American criminal procedure preliminary to trial.