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Kiwaan V. Minister Of Defense, Shneor Zalman Cheshin, David Goitein, Zvi Berinson

Translated Opinions

An order of deportation was issued against the petitioner who had lived in Palestine and who in the year 1948 had been registered in the Register of Inhabitants. He had been compelled in 1949 to leave the country as a result of army action and had lived for a while in a neighbouring Arab country. He returned to Israel without permission and as a result of subsequent court proceedings was held to be entitled to receive and did receive an identity card. The petitioner now contended that as he was the holder of an identity card and had become an …

International Law-Power Of Government-In-Exile To Enact Valid Legislation, John C. Hall S.Ed.

Michigan Law Review

After occupying the Netherlands, Germany confiscated bonds of Netherlands nationals and sold them in the black market. Archimedes, an American national, purchased such bonds from a Swiss firm in violation of the Trading with the Enemy Act and executive freezing order. The bonds were placed in a blocked account in the Federal Reserve Bank. A suit by the Netherlands was removed to the New York federal district court and Archimedes was interpleaded. The Netherlands claimed title under a decree made in exile vesting protective title in the Netherlands government. While holding that the complaint stated a cause of action, the …

Kelsen: Principles Of International Law, S. I. Shuman S.Ed.

Michigan Law Review

A Review of PRINCIPLES OF INTERNATIONAL LAW. By Hans Kelsen.

Litigation Involving "Termination Of War", W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

International Law Documents 1952-53

International Law Studies

No abstract provided.

Treaties And Executive Agreements: Historical Development And Constitutional Interpretation, Wencelas J. Wagner

Articles by Maurer Faculty

The recent proposal to amend the Constitution known as the Bricker Amendment concerns a most vital matter for the nation: its relations with foreign states.

In order to estimate the merits and demerits of the Bricker Amendment it is necessary to get acquainted with the historical development and the constitutional interpretation in the field of international arrangements of the United States. The present observations aim at the presentation of this matter down to the Bricker Amendment. The Amendment itself and the discussion it aroused should be treated in a separate article.

The Treaty-Making Power Is Not A Peril, Moses H. Moses

Cleveland State Law Review

In the United States the treaty-making power is vested in our President and the Senate. Many persons fear this power; they feel that it is so great that it could be used as an instrument to destroy our American democracy. They fear that by treaty the Constitution of the United States may be repealed and replaced by political concepts that are multifarious to our basic freedoms. Because of the structure of our government I feel that these fears are not well substantiated.

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.

Tort Liability Of Organizations For Intentionally Impairing Economic Relations

Indiana Law Journal

No abstract provided.

Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed.

Michigan Law Review

The advent of the present administration has brought into full bloom a hardy perennial among the annual crop of proposed constitutional amendments. The emergence of the United States from World War II as the leader of the free nations of the world and distrust of the rapid expansion of executive power under the Roosevelt Administration have given impetus to a movement to check any further expansion of the presidential power to conduct our foreign relations. In addition, many people are alarmed by the possibility that this country might become a party to international agreements which would operate to alter or …

On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss

Michigan Law Review

The current furor concerning the treaty-making power of the United States has been aroused by the apprehension that this country might become a party to certain multilateral treaties in the social and economic fields, and, notably, the draft Covenants on Human Rights, the Genocide Convention and the Convention on Political Rights of Women. The plethora of proposed constitutional amendments now before the Congress merely marks an intensification of the controversy, recurrent throughout our history, concerning the legal effect of Article VI, Section 2, of the Constitution of the United States. Problems concerning the relative authority of treaties and other international …

Revision Of The Italian Peace Treaty, Norman Kogan

Indiana Law Journal

No abstract provided.

United States Taxation Of Non-Resident Aliens And Foreign Corporations, By Neil F. Phillips, Burton W. Kanter

Indiana Law Journal

No abstract provided.

An International Bill Of Rights For Prisoners Of War, John Mcginness

Cleveland State Law Review

On August 12, 1949 plenipotentiaries of sixty-one nations of the world, including the United States and the Soviets, concluded a Convention at Geneva which revised the Geneva Convention of July 27, 1929 relative to the treatment of prisoners of war. Many of these revisions are based upon the experiences of World War II. Although neither the United States nor the Soviets have ratified this Convention, the United States Forces in Korea have been, and are, under instructions to observe their provisions at all times. This Convention appears to be a positive step forward in the clarification of international law as …

Characteristics Of United States Maritime Law, Arnold Whitman Knauth

Maryland Law Review

No abstract provided.

Injunction Without Sanction: The Iranian Fiasco, Frank E. Maloney

Indiana Law Journal

No abstract provided.

Book Reviews, Williard Hurst, Kenneth S. Carlston, Morris D. Forkosch, Brandon F. Brown, Coleman Karesh, Louis A. Toepfer, Leo A. Huard, Wm. R. Roalfe, Richard Cosway, Francis J. Putman, L. Hart Wright, Albert S. Abel

Journal of Legal Education

No abstract provided.

The Colonial Airlines Case: Treaties And Executive Agreements Relating To Aviation, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Is A Compulsory Adjudication Of International Legal Disputes Possible?, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Jurisdiction To Try American Servicemen For Crimes Committed Abroad, John M. Mckee

Buffalo Law Review

No abstract provided.

America's Legal Inventions Adopted In Other Countries, Arthur Lenhoff

Buffalo Law Review

No abstract provided.

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.

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

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 …

Soviet Concepts Of International Law And Criminal Procedure At The International Conference On Military Trials, London, 1945, Solon Cleanthes Ivrakis

Mercer Law Review

The study of international criminal law has received a new impetus with the establishment of the International Law Commission of the United Nations (1947). Students of international and of comparative law have noted with interest that one of the tasks of this Commission will be the formulation of principles of international law recognized in the Charter of the International Military Tribunal which was adopted by the International Conference on Military Trials, held in London in the summer of 1945.

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

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.

Book Reviews, W. Barton Leach, Joe Tussman, Charles O. Gregory, Charles Fahy, John C. O'Byrne Jr., Joseph Curtis, Charles Fairman, Ralph R. Neuhoff, Joseph Hawley Murphy, Charles L. Black Jr., Roscoe L. Barrow, John Hanna

Journal of Legal Education

No abstract provided.

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 …

War Crimes--A Refutation Of Objection, Otto E. Reik

Kentucky Law Journal

No abstract provided.