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Full-Text Articles in Law

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson Aug 1966

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson

Articles

In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however ...


Defamation During Congressional Investigations: A Proposed Statute, J. Dennis Hynes Jan 1966

Defamation During Congressional Investigations: A Proposed Statute, J. Dennis Hynes

Articles

No abstract provided.


Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel Jan 1966

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine ...


Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar Jan 1966

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked ...


A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.


Federal Estate Tax Burden Borne By A Dissenting Widow, Douglas A. Kahn Jan 1966

Federal Estate Tax Burden Borne By A Dissenting Widow, Douglas A. Kahn

Articles

Renunciation of her deceased husband's will entitles a widow to a specified percentage of the husband's net estate (or a dower interest) in lieu of any benefits she would otherwise have received under the will. The size of the dissenting widow's share differs among the several states, but the normal range is from one third to one half of her husband's net estate. In some jurisdictions the widow's share is determined, in whole or in part, according to the portion to which she would be entitled if her husband had died intestate, but in these ...


Land Transfer Improvement: The Basic Facts And Two Hypotheses For Reform, Ted J. Fiflis Jan 1966

Land Transfer Improvement: The Basic Facts And Two Hypotheses For Reform, Ted J. Fiflis

Articles

No abstract provided.