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Full-Text Articles in Law

International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed. Jun 1951

International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed.

Michigan Law Review

The mandate system represented an attempt to cope with the problem of nonself-governing territories as an international responsibility and, for the most part, was an advancement over former methods of treatment. The system was not perfect and its operation pointed up a number of its defects. The framers of the United Nations Charter formulated the trusteeship system to take the place of the mandate system, correcting its defects and adding certain innovations. The purpose of this comment is to present a brief comparison of the two systems and to consider a few of the major problems presented.


International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed. Jun 1951

International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed.

Michigan Law Review

Plaintiff, a Hawaiian corporation, brought suit under section 9 of the Trading with the Enemy Act for the return of real and personal property vested in 1948 under authority of section S(b). Evidence was introduced to show that plaintiff's members were largely alien Japanese; that, prior to December 7, 1941, plaintiff operated what purported to be a Shinto shrine in Honolulu where three Japanese gods were worshiped; that the shrine looked like a Shinto shrine and was in some respects operated like one. It was further shown that plaintiff's members had no real understanding of the tenets of Shintoism as …


International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef Jun 1951

International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef

Michigan Law Review

A landlord's summary proceeding for recovery of possession was brought in a New York municipal court against a secretary of the Argentine delegation to the United Nations. The defendant appeared specially and moved to vacate the service of the precept, claiming immunity from suit by virtue of the grant of diplomatic privileges and immunities to official employees of member delegations under Article V of the Headquarters Agreement between the United States and the United Nations. Held, motion denied. Realty not directly pertaining to a delegation's employee's official position is not removed from the jurisdiction of the local courts by …


Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden Apr 1951

Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden

Michigan Law Review

The study of the problem of extraterritorial effects of confiscations and expropriations from the point of view of Comparative Law has special practical importance. There are hardly any codified rules applicable to foreign confiscations and expropriations, either in statutory law countries or in common law countries. Hence, decisions have to be based largely on generally accepted rules of public and private international law. Such general acceptance can only be proved by a comparative analysis of foreign as well as of domestic precedents.


Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden Apr 1951

Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden

Michigan Law Review

The study of the problem of extraterritorial effects of confiscations and expropriations from the point of view of Comparative Law has special practical importance. There are hardly any codified rules applicable to foreign confiscations and expropriations, either in statutory law countries or in common law countries. Hence, decisions have to be based largely on generally accepted rules of public and private international law. Such general acceptance can only be proved by a comparative analysis of foreign as well as of domestic precedents.


International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed. Feb 1951

International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed.

Michigan Law Review

Petitioner, an American citizen living in Germany, voted in the January 27, 1946 election of local officials in Rodach, Germany, American Zone of Occupation, held under the direction and with the approval of the Office of Military Government for Bavaria. Petitioner was issued a certificate of loss of nationality, based on section 801(e) of the Nationality Act of 1940, which provides that American nationality is lost through "voting in a political election in a foreign state." Held, petitioner had not lost her citizenship. The Rodach election was held in "territory then ruled and governed by the United States and …