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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.

Mongol Law—A Concise Historical Survey, V. A. Riasanovsky

Washington Law Review

Two basic systems of law, one Chinese, the other Mongol, coexisted in Eastern Asia. Because they arose from contrasting cultural bases, the systems were entirely different. Chinese law sprang from a settled agricultural way of life while the law of the Mongols arose from a nomadic, pastoral economy The Chinese developed the fundamental institutions of settled agrarian culture and law in the Far East which greatly influenced the peoples of Korea, Japan, Annam, and so forth. The Mongols unfolded the basic institutions of nomadic, pastoral law and culture which likewise affected the nomadic tribes of Asia which once formed parts …

The Spirit Of Soviet Law, Harold J. Berman

Washington Law Review

The Russian Revolution of 1917 seems to fall into the pattern of the great European revolutions. As with its predecessors, its original fury was unleashed against all legality, and its original vision was directed toward a society which would be free of the very idea of law. Like them, it has in the course of time settled down, and in settling down has invoked "stability of laws." In fact, orthodox principles have been restored, since the md-193o's, in one field of Soviet law after another. Nevertheless, Soviet jurists claim that their law is "law of a new type, essentially different …

Definiteness And Particularity In Patent Claims, William Redin Woodward

Michigan Law Review

To the uninitiated the professional jargon of patents, and particularly of patent claims, is somewhat mystifying even in the most ordinary cases. The profession likes to define the elements of apparatus as "means" for this, "means" for that and "means" for the other. Words like "plurality," "predetermined" and "comminuted" find remarkably frequent use by patent attorneys. And the habit of using out-of-the-way verbiage may lead the practitioner by force of habit to pass over a simple term like "sleeping car" in favor of a more elaborate phrase like "a communal vehicle for the dormitory accommodation of nocturnal viators." But it …

An Interim Account On Comparative Conflicts Law, Ernst Rabel

Michigan Law Review

Under the sponsorship of the American "Law Institute and subsequently of the University of Michigan, with the efficient assistance of the Faculty, notably of Hessel E. Yntema as editor, I published the first volume of a work on conflicts law in 1945. A second volume has just followed, after a long delay caused by the vicissitudes of postwar printing. The greater part of a third volume has been readied in the meantime, but its date of publication is not yet fixed.

The task consists in surveying the existing and proposed conflicts rules of the world and in ascertaining their background, …

Quasi-Contracts-Concept Of Benefit, George A. Rinker S.Ed.

Michigan Law Review

One of the basic elements of quasi-contract, and probably the most complex, is the concept of benefit. Its origin lies in the early actions to recover for unjust enrichment, and the early characteristics, for the most part, have persisted to the present time. While "enrichment" is no longer an accurate synonym for benefit, as it once was, the qualitative "unjust" still retains its vigor. Thus, "unjustified benefit" is a more accurate name for the concept. As used in quasi-contract and related fields of law, the concept is composed of several factors, no one of which can be considered as invariable. …