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Full-Text Articles in Law

Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed. Dec 1962

Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed.

Michigan Law Review

The Consul General of Venezuela filed a complaint in a federal district court, pursuant to treaty and statute, seeking the extradition of former President Perez Jimenez for the crimes of murder and embezzlement. While the required extradition hearings were pending, Venezuela sought to use the civil deposition and subpoena procedure8 to compel several New York banks to produce records of deposits and to give depositions concerning the accounts of Jimenez and his alleged confederates. Jimenez moved for a protective order' to prevent Venezuela from obtaining and using these records as evidence against him in the extradition hearings. On appeal from …


Conflict Of Laws-Full Faith And Credit-Extraterritorial Enforcement Of State Revenue Law, Edwin A. Howe Jr. Dec 1962

Conflict Of Laws-Full Faith And Credit-Extraterritorial Enforcement Of State Revenue Law, Edwin A. Howe Jr.

Michigan Law Review

As the operator of a parking lot within plaintiffs city limits, defendant was subject to a ten percent city tax on his gross receipts. He failed to report the whole of his receipts on his monthly tax returns, and plaintiff, the City of Philadelphia, duly notified him of a five thousand dollar deficiency. Defendant had a statutory right to petition for administrative review of the assessment within sixty days, failing which the liability would become fixed and no longer subject to review or appeal. Rather than appealing, defendant removed himself and his assets to New York, thus preventing plaintiff from …


International Law-Sovereign Immunity-State Court Authority To Determine Title To Property Under Its Jurisdiction Despite A Department Of State Suggestion Of Immunity, John A. Krsul Jr., S.Ed. Dec 1962

International Law-Sovereign Immunity-State Court Authority To Determine Title To Property Under Its Jurisdiction Despite A Department Of State Suggestion Of Immunity, John A. Krsul Jr., S.Ed.

Michigan Law Review

In 1952 plaintiff brought a creditor's action for the appointment of a permanent receiver for the assets of the defendant located in New York. Defendant, Zivnostenska Banka, was a Czechoslovak corporation that had at one time been engaged in banking activities in New York. Plaintiff succeeded in having a receiver appointed upon proving that defendant had been nationalized, contrary to New York policy and law, by a 1950 decree of the Czechoslovak Government which had merged the defendant and its assets with the State Bank of Czechoslovakia. The instant controversy arose when the receiver attempted to set aside, as a …


The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re Jun 1962

The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re

Michigan Law Review

Even the casual student of nationalizations and confiscations must be aware of the fact that whereas nationalizations were formerly isolated occurrences, they have today become matters of almost common practice. The Mexican expropriations, the Soviet nationalizations, and the Iranian nationalization of the Anglo-Iranian Oil Company are in modern times merely landmarks of an apparently ever-widening path. A reading of the daily newspapers has offered adequate warning to the American investor abroad that no part of the world has been immune from this phenomenon. Whether under the label of "agrarian reform" or "socialization," these nationalizations are of the greatest importance, and, …


International Law-Soverign Immunity-The First Decade Of The Tate Letter Policy, John M. Niehuss S.Ed. Jun 1962

International Law-Soverign Immunity-The First Decade Of The Tate Letter Policy, John M. Niehuss S.Ed.

Michigan Law Review

On May 19, 1952, the State Department announced in the Tate Letter a new policy with regard to the filing of suggestions of immunity in suits against foreign sovereigns. The letter indicated that the Department would begin to follow a restrictive theory of sovereign immunity. This meant that it would file a suggestion of immunity if the case arose from acts of the foreign government or its agents which were of a purely governmental character (jure imperii), but would deny immunity in instances where the acts engaged in were of a commercial or proprietary nature which could be …


Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse May 1962

Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse

Michigan Law Review

During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …


International Claims: Their Adjudication By National Commissions. By Richard B. Lillich., William L. Griffin Apr 1962

International Claims: Their Adjudication By National Commissions. By Richard B. Lillich., William L. Griffin

Buffalo Law Review

No abstract provided.


The Importance Of Pre-Trial Procedure In International Courts, Roger M. Johnson Mar 1962

The Importance Of Pre-Trial Procedure In International Courts, Roger M. Johnson

William & Mary Law Review

No abstract provided.


Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston Mar 1962

Kirchheimer: Political Justice: The Use Of Legal Procedure For Political Ends, Kenneth S. Carlston

Michigan Law Review

A Review of Political Justice: The Use of Legal Procedure for Political Ends. By Otto Kirchheimer.


Mcdougal & Feliciano: Law And Minimum World Public Order, Claude B. Mickelwait Feb 1962

Mcdougal & Feliciano: Law And Minimum World Public Order, Claude B. Mickelwait

Michigan Law Review

A Review of Law and Minimum World Public Order. By Myres S. McDougal and Florentino P. Feliciano


A Brief Study Of Some Of The International Legal And Political Aspects Of The Guantanamo Bay Problem, Robert L. Montague Iii Jan 1962

A Brief Study Of Some Of The International Legal And Political Aspects Of The Guantanamo Bay Problem, Robert L. Montague Iii

Kentucky Law Journal

No abstract provided.


Peace-Keeping Costs And Charter Obligations - Implications Of The International Court Of Justice Decision On Certain Expenses Of The United Nations, James F. Hogg Jan 1962

Peace-Keeping Costs And Charter Obligations - Implications Of The International Court Of Justice Decision On Certain Expenses Of The United Nations, James F. Hogg

Faculty Scholarship

This article analyzes the important legal and political implications of the July 20, 1962 advisory opinion of the International Court of Justice. This opinion dealt with one of the most serious problems facing the United Nations Organization - how to finance and pay for its operations. By a majority of nine to five, the court advised the General Assembly that expenses occasioned by the United Nations operations in the Congo and in the Middle East constituted "expenses to the Organization" within the meaning of Article 17, paragraph 2 of the United Nations Charter. This opinion may prove to be one …


Treaties As A Source Of General Rules Of International Law, Anthony D'Amato Jan 1962

Treaties As A Source Of General Rules Of International Law, Anthony D'Amato

Faculty Working Papers

Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them—to rationalize, in a nonpejorative use of that term, the Court's citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases—and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative—it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis


Chapter Vii: Conclusions, Carl Q. Christol Jan 1962

Chapter Vii: Conclusions, Carl Q. Christol

International Law Studies

No abstract provided.


Appendix B: Bibliography Of Bibliographies Relating To The International Law Of Outer Space, Carl Q. Christol Jan 1962

Appendix B: Bibliography Of Bibliographies Relating To The International Law Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter Iii: The Development Of The Law Of Outer Space, Carl Q. Christol Jan 1962

Chapter Iii: The Development Of The Law Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Introduction, Carl Q. Christol Jan 1962

Introduction, Carl Q. Christol

International Law Studies

No abstract provided.


Table Of Contents, Carl Q. Christol Jan 1962

Table Of Contents, Carl Q. Christol

International Law Studies

No abstract provided.


Indexes, Carl Q. Christol Jan 1962

Indexes, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter V: The Right To The Maintenance Of International Peace, Security, And Self-Defense In Outer Space, Carl Q. Christol Jan 1962

Chapter V: The Right To The Maintenance Of International Peace, Security, And Self-Defense In Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter I: Introduction, Carl Q. Christol Jan 1962

Chapter I: Introduction, Carl Q. Christol

International Law Studies

No abstract provided.


What Constitutes A Taking Of Property Under International Law?, George C. Christie Jan 1962

What Constitutes A Taking Of Property Under International Law?, George C. Christie

Faculty Scholarship

No abstract provided.


Foreign And International Law In The Law Library Journal, Jurij Fedynskyj Jan 1962

Foreign And International Law In The Law Library Journal, Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.


The Unrecognized Government In American Courts: Upright V. Mercury Business Machines, Stanley B. Lubman Jan 1962

The Unrecognized Government In American Courts: Upright V. Mercury Business Machines, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

What right have I, as the King's Judge, to interfere upon the subject of a contract with a country which he does not recognize?

Lord Eldon's words, written in 1823, have been echoed more than once by American judges, who have been as troubled as Eldon by problems complicated by diplomatic nonrecognition. Twentieth-century wars and revolutions have required American courts to decide whether unrecognized governments, entities created by them, their representatives, or their assignees could sue in domestic courts, often on matters of private right. Frequently, too, the courts have been perplexed by the effect of nonrecognition on the application …


Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol Jan 1962

Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


International Law: Through National Or International Courts, Thomas M. Franck Jan 1962

International Law: Through National Or International Courts, Thomas M. Franck

Villanova Law Review

No abstract provided.


A Pyrrhic Victory At Foley Square: The Second Circuit And Sabbatino, Richard B. Lillich Jan 1962

A Pyrrhic Victory At Foley Square: The Second Circuit And Sabbatino, Richard B. Lillich

Villanova Law Review

No abstract provided.


The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer Jan 1962

The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer

Michigan Law Review

On the twenty-fifth of June, the Government of the United States of America received an invitation to attend in Russia a conference of plenipotentiaries to consider the revision of an important multilateral convention. Since the conference involved matters which, by American municipal practice, were solely within the competence of private enterprise and not subject to the control of government, the United States at first refused to attend. Russia, however, assured the United States that representatives of private enterprises would be welcome. Relations between these two countries were on such a friendly basis that the United States accepted the invitation extended …


Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol Jan 1962

Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.


Chapter Ii: Outer Space And The World Community, Carl Q. Christol Jan 1962

Chapter Ii: Outer Space And The World Community, Carl Q. Christol

International Law Studies

No abstract provided.