Digital Commons Network^™

The Legal Nature Of Soviet Collective Farms, George C. Guins

Washington Law Review

Soviet legislation concerning collective farms (kolkhozes) reveals in an exceptionally clear manner all the peculiarities of the centralized economy. As a legal entity a kolkhoz owns its "socialist property," but this does not include the most valuable element of agricultural economy, that is, the land. Members of collective farms work on land which belongs to the state. Even the house and garden plots which are placed at the disposal of individual farmers and their families do not belong to them. Actually, only the surplus production belongs to the kolkhozes and they may dispose of it as they see fit, selling …

Traité De Droit Comparé Tome Iii, Pierre Arminjon, Baron Boris Nolde, Martin Wolff

Legal Monographs and Treatises

No abstract provided.

Lectures On The Law And Labor-Management Relations, University Of Michigan Law School

Summer Institute on International and Comparative Law

The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major …

Conspiracy In Civil Law Countries, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Democratization Of The Family Relation In Japan, Sakae Wagatsuma

Washington Law Review

After the war, that part of the Japanese Civil Code which relates to family relationships, i.e., Book IV, Relatives, and Book V, Succession, underwent a thorough-going amendment, the chief objective of which was to democratize the legal relations among Japanese family members. As the main features of this amendment of the Japanese Civil Code have been explained in detail by Mr. Kurt Steiner in "Postwar Changes in the Japanese Civil Code" in the August issue of this Review, it appears advisable for the present writer to lay stress on the following two points: (1) public opinion on the amendment of …

Conflict Of Laws: Constitutionality Of Substituted Service On Foreign Executors And Administrators Under Non-Resident Motorist Statutes

Indiana Law Journal

Recent Cases

Book Reviews, Alfred Conrad, Daniel J. Boorstin, Charles C. Callahan, Arnold C. Rood, Robert R. Wilson, Ella Cooper Thomas, I. Maurice Wormser, Louis Prashker, Cornelius J. Moynihan

Journal of Legal Education

No abstract provided.

The Reception Of Highly Developed Legal Systems By Peoples Of Different Cultures, Ernst Levy

Washington Law Review

The reception of legal ideas of one people by another is a universal phenomenon in world history Wherever the civilization of a tribe or nation reaches a stage enabling it to build up a legal system, the conditions of a reception are at hand. The march of ideas, legal as well as cultural, often follows in the path of material goods. Already the Code of Hammurabi of about 1750 B.C., which long was held to be the oldest code of mankind, displays strong Sumerian influences along with the native Semitic elements. Receptions permeate the following thousands of years; they have …

Postwar Changes In The Japanese Civil Code, Kurt Steiner

Washington Law Review

The developments of law in Japan since the beginning of the Occupation have been marked by an increased influence of Anglo-Saxon legal ideas. For example, future legal historians concerning themselves with the Japanese Code of Criminal Procedure may wel find that a new period, the Anglo-American period, began during the Occupation. The revision of the Civil Code in 1947, however, would more properly be considered as the second step of the reform of civil law which began in the Meiji Era. It completes the transition of Japanese civil law to the continental European family of law

Revisions Of The Criminal Code Of Japan During The Occupation, Howard Meyers

Washington Law Review

With the coming into force of the new Constitution of Japan on May 3, 1947, the Criminal Code had to be revised to excise those provisions which were contrary to the Constitution, since Article 98 of that document declared that such provisions had no legal force or validity. A Legislative Investigation Committee was appointed by the Japanese government, composed of leading judges, law professors, procurators, and officials of the Ministry of Justice. The writer worked with members of this group, as the representative of SCAP (Supreme Commander for the Allied Powers). The first and principal Code revision was submitted in …

The Conflict Of Laws: A Comparative Study. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

Among the multitude of conflicts principles that, according to various claims, should determine the law applicable to all contracts, only two have resisted the test of critical analysis. These, indeed, form an adequate groundwork. First, the freedom of parties to choose the law applicable to their contract must be recognized as a general rule without petty restraint. Second, in the absence of such agreement, a contract should be governed by the law most closely connected with its characteristic feature.

The first proposition is essential to the second. To deny party autonomy means rigid conflicts rules created by some superior authority. …

Traité De Droit Comparé Tome I, Pierre Arminjon, Baron Boris Nolde, Martin Wolff

Legal Monographs and Treatises

No abstract provided.

Reforms In Japanese Criminal Procedure Under Allied Occupation, Richard B. Appleton

Washington Law Review

In the past, reforms in Japanese criminal procedure would have been of little interest to most Americans, who have never felt it important to understand foreign legal systems. Fortunately, this attitude is beginning to change. Moreover, the United States has been officially committed to encourage a desire for individual liberties and democratic processes on the part of the Japanese people since the Potsdam Declaration of July 26, 1945. Consequently, Americans will be interested in the postwar reforms in Japanese criminal procedure, if only to be fully informed of progress toward fulfillment of the objectives of the Allied Occupation, in which …

Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller

Michigan Law Review

Reading Andrei Y. Vyshinsky's The Law of the Soviet Union ought to be a stimulating and rewarding experience. It is an exposition. of Soviet legal philosophy and of the theory and practice of Soviet public or "state" law. Throughout it purports to compare the premises that underlie Soviet law with those on which ''bourgeois" legal systems are based. Vyshinsky, a famous world figure and the present minister for foreign affairs of the U.S.S.R., wrote part of the book and supervised compiliation of the remainder. The decision of the American Council of Learned Societies to sponsor a translation of the work …

The Struggle For Democracy In Germany, Michigan Law Review

Michigan Law Review

A Review of THE STRUGGLE FOR DEMOCRACY IN GERMANY. Edited by Gabriel A. Almond.

Some Observations On China's National Assembly, Chi-Yu Wu

Washington Law Review

China's new Constitution was passed in the Constituent National Assembly on December 25, 1946, and formally promulgated on January 1, 1947 According to the attached Procedural Articles, the first step in enforcing the Constitution is the amending and revision of the existing laws and decrees which are in conflict with the Constitution. The second step consists of drafting and promulgating within a period of three months after the promulgation of the Constitution certain new laws such as (1) the law governing the organization of the National Assembly, (2) the law governing the election and recall of the representatives of the …

Soviet Civil Law, By Vladimir Gsovski (1948), Ivar Spector

Washington Law Review

Soviet Civil Law, included in the Michigan Legal Studies, is the product of many years of painstaking research. In 1940 the University of Michigan Law School took over from the U.S. Department of Commerce an English translation of the Judiciary Law of the U.S.S.R. and of the Civil Code and the Code of Civil Procedure of the R.S.F.S.R. prepared by Morton E. Kent, and assigned the work of revision to Dr. Vladinur Gsovski, Chief of the Foreign Law Section of the Library of Congress. Dr. Gsovski has not only revised and increased the basic documentary materials on Soviet civil law, …

Comparative Conflicts Law, Ernst Rabel

Indiana Law Journal

This paper was delivered at a Round Table Meeting of the Association of American Law Schools, December 29, 1948.

English Constitutional History, By S.B. Chrimes, John J. Murray

Indiana Law Journal

No abstract provided.

The Soviet Court As A Source Of Law, John N. Hazard

Washington Law Review

Common law lawyers feel themselves to be on unfamiliar ground when they try to understand the law of the Continent. They have learned to look at judicial decisions and to be sceptical of statutes until they see how they are applied by the courts. Civil law lawyers have not aided their common law colleagues. Civil law lawyers belittle the importance of court decisions and present their codes alone for examination. Soviet law, as one of the civil law family, has likewise been presented usually in terms of statutes, both to Soviet law students and to outsiders seeking to understand. There …

The Parliamentary System Of Government In India, Benegal Narsing Rau

Washington Law Review

In a few weeks India will be actively engaged in framing the details of her new Constitution, which will be federal in structure and will embody the British parliamentary system of government both at the centre and in the units or states. At some of the earlier sessions of the Constituent Assembly, when the main principles of the new Constitution were being laid down, there was a fairly strong current of feeling in favour of the American presidential system and this found expression in certain decisions of the Assembly not only to the mode of election of the head of …

The Laws Of Jamaica, 1948, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1948

Published by authority

The Laws Of Jamaica, 1949, Jamaica

Jamaica

The Laws of Jamaica that passed in the year 1949

Published by authority

The Conflict Of Laws: A Comparative Study, Volume Ii, Foreign Corporations: Torts: Contracts In General, By Ernst Rabel, Martin Wolff

Indiana Law Journal

No abstract provided.

Progress Of The Law In China, Roscoe Pound

Washington Law Review

When I am asked to write on the law in China, I take it I am to use the term "law" in a wide sense, not only to include the codes and statutes but the organization of courts, application and interpretation of the codes and statutes, legal education, and the whole administration of justice as affected by or resulting from these things. I am able to speak with no little assurance on this subject, because since 1935 1 have made a full and careful study of the Chinese codes and legislation on legal subjects and since February, 1946, as adviser …

Some Judicial Problems Facing China, Yu Kwei

Washington Law Review

The Chinese law and its courts were essentially modeled after or adopted from those prevalent in Continental Europe, that is, the so-called Continental system. The course was taken not because such a system was particularly good in itself nor because it was particularly suitable to China, it was rather a matter of chance than a matter of choice. At the time when the foundation of the present Chinese legal system was laid, most of the law devisers were educated in Japan or directly or indirectly influenced by Japan. As Japan followed the Continental system, especially the German Law, so the …

The Constitution Of The Union Of Burma, Benegal Narsing Rau

Washington Law Review

The Constitution of Burma, which came into force on January 4, 1948, has many features of great interest to the constitution-maker. In form and content, in magnanimous treatment of special regions and racial groups, and in speed of enactment, it provides an example well worth our attention at the present time. The writer of this article had the honour of being associated closely with the framers of the Constitution at almost every stage.

A Brief Outline Of The Growth Of Philippine Law, Ewald E. Selph

Washington Law Review

The Philippine Constitution was adopted pursuant to the mandate of the Tydings-McDuffie Law that it should be republican in form and contain a bill of rights. It contains a declaration of principles which includes five major items. These are: the Philippines are a republican state and sovereignty resides in, and all government authority emanates from, the people; national defense is the prime duty of government and all citizens may be required by law to render personal military or civil service; war is renounced as an instrument of national policy and the generally accepted principles of international law are adopted as …

Mongol Law—Later Developments, Lawrence Krader

Washington Law Review

Professor Riasanovsky's article carries us up to the year 1924. A new constitution for the Mongol People's Republic was adopted in 1940. It is an extraordinary document, and is reprinted herewith in order to complete the picture. By way of introduction the following additional facts are given.

Constitution Of The Mongol People's Republic, Anon

Washington Law Review

Ulan-Bator, June 30, 1940.