Digital Commons Network^™

Neutrality And The European War 1939-1940, Josef L. Kunz

Michigan Law Review

Obviously it is still impossible and will be impossible for some time to make a definitive legal research into the problem of neutrality during the present European war. Most important facts and documents are still unpublished, inaccessible or shrouded in the fog of contradictions and propaganda. The duration and the outcome of the war are still uncertain and nobody can foresee what type of world will emerge from this war and what the future of neutrality in this type of world will be.

Interstate Trade Barriers: General Introduction, Frank Bane

Indiana Law Journal

No abstract provided.

The Economics Of Trade Barriers, F. Eugene Melder

Indiana Law Journal

No abstract provided.

Service Of Process On Foreign Corporations Not Admitted To Do Business In The State

Indiana Law Journal

Legislative Comment

What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally

Indiana Law Journal

No abstract provided.

Expatriation Of American Minors, Lester B. Orfield

Michigan Law Review

The United States Supreme Court in May, 1939, handed down a vitally significant decision on the expatriation of American minors. Prior to that date, one was forced to deduce the law from conflicting decisions of the lower federal courts and of state courts, rulings by the departments of state, labor, and justice, and views of writers. This, therefore, seems an appropriate time at which to discuss the problems which have been raised and the solutions which have been offered.

Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws: A Study Of Problems Involved In Determining Whether Or Not The Forum Should Follow Its Own Choice Of A Conflict-Of-Laws Principle, Joseph M. Cormack

Faculty Publications

No abstract provided.

The "Minimum Standard" Of The Treatment Of Aliens, Edwin Borchard

Michigan Law Review

During the meeting of the Committee of Experts for the Codification of International Law at Lima, Mr. Cruchaga Ossa of Chile contended that article 9 of the Montevideo Convention on the Rights and Duties of States made the equality of rights the maximum that could be claimed by any alien. He denied the existence of any "minimum standard" for the treatment of aliens; but remarked that even if there were one recognized in Europe the countries on this continent had in the first, second, fifth and seventh Inter-American Conferences committed themselves to the doctrine of absolute equality, which henceforth constituted …

The Law Of Treaties; British Practice And Opinions, Carl M. Frasure

West Virginia Law Review

No abstract provided.

Judicial Legislation In International Law, R. Y. Jennings

Kentucky Law Journal

No abstract provided.

The Non-Recognition Law Of The United States, Kimon A. Doukas

Michigan Law Review

We speak of nations as being equal, independent and sovereign within the fixed confines of their physical boundaries. As aptly stated by our Supreme Court, in the civilized world of today, "Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory."

International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton

Michigan Law Review

The control which a littoral state may exercise over the adjacent sea has never been the subject of complete agreement among the nations of the world. Inability to agree and resulting confusion have arisen in many instances from a failure to distinguish between a claim of control over a definite strip of adjacent water, often spoken of as "territorial waters," analogous to the control exercised on land and a claim that, for the well-being of the littoral state, control for limited and specific purposes may be extended beyond these territorial waters. The most obvious example of this latter type of …

International Extradition, Forest A. Harness

Indiana Law Journal

No abstract provided.

International Law Problems In The Extradition Of Samuel Insull

Michigan Law Review

Considerable interest was aroused by the press announcement of October 4, 1932, that Samuel Insull, former utilities magnate, had been indicted by an Illinois grand jury on charges of embezzlement and larceny and that his extradition from France, where he was then sojourning, would be requested. The seventy-four year old fugitive displayed unusual vigor in surreptitiously leaving Paris by train for Italy, where he boarded an airplane for Greece. He arrived in Athens on October 9, 1932, just one day after the request for his extradition reached Paris. On the following day he was arrested by the Greek authorities on …

Book Review. Cheyney, A. S. (Ed.), The International Labor Organization, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant

Michigan Law Review

When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.

A Reference Work On Post War Treaties

Michigan Law Review

A review of POSTWAR TREATIES FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. By Max Habicht

A Valuable Record Of International Practice

Michigan Law Review

A review of PUBLIC DEBTS AND STATE SUCCESSION. By Ernst H. Feilchenfeld

Judicial Attitudes In The Customs-Union Case, Robert Elden Mathews

Michigan Law Review

The World Court decision of last September in the Austro-German Customs case has given rise in many quarters to an attack upon the Court itself.

The criticism has not been based solely upon the eight-to-seven vote of the judges. We have too many one-man majorities in our own judiciary to find much concern there. But the alignment of nationalities from which the two groups of judges come has been the source of the greatest adverse comment. For it so happens that the majority, holding illegal the proposed Customs Union, was composed of judges many of whose nations were opposed to …

The Constitution And The International Labor Conventions, Harold W. Stoke

Michigan Law Review

The International Labor Organization, since its establishment in 1919, has become one of the most active of the international institutions of the post-war period. It was founded upon that provision of the Treaty of Versailles which binds each signatory nation and those which should later join the organization to endeavor to secure and maintain fair and humane conditions of labor for men, women and children, both in their own countries and in the countries to which their commercial and industrial relations extend.

Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente

Michigan Law Review

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …

Critical Examination Of Peace Agencies Since 1919, Gilbert Gidel

West Virginia Law Review

I intend to consider the practical value of the various means aiming at the prevention of war that have been suggested or put into effect since 1919. Why since 19197 I do not think that international law was created in 1919. But, whether one wishes it or not, an effort, unprecedented until now, has been devoted to the study of the technique of peace. The struggle against war is no longer limited to sentimental effusions, or fireside dreams: it has become an object of science; even of applied science. The program of the technique of peace is generally formulated today …

The Recognition Of Russia, Edwin D. Dickinson

Michigan Law Review

Revolution in Russia culminated, on March 15, 1917, in the abdication of the Romanoffs and the establishment of the Provisional Government. In November, 1917, the Provisional Government was overthrown by the Bolsheviki and the Russian Socialist Federated Soviet Republic was proclaimed. Thus in nine turbulent months authority in Russia passed from the autocracy of the Czars, through the ineffective hands of the moderates, to extreme radicals frankly committed to communism and the dictatorship of the proletariat.

Recognition Cases In American Courts, 1923-1930, John S. Tennant

Michigan Law Review

Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …

Judicial Interpretation Of International Law In The United States, By Charles Pergler, John G. Hervey

Indiana Law Journal

No abstract provided.

International Standing In Court Of Foreign Corporations, Elvin R. Latty

Michigan Law Review

The Supreme Court of Mexico has recently pronounced a decision of more than passing interest to the American Bar, not only because of the legal basis upon which the decision was rendered, but also because of its probable far-reaching consequences. The plaintiff corporation, organized under the laws of Delaware, brought suit for infringement of its trade mark which had been duly registered in Mexico. The Supreme Court held that inasmuch as the plaintiff was not registered in Mexico it had no existence there for the purposes of bring suit. It does not appear that the plaintiff was engaged in business …

Equity As A Concept Of International Law (Continued), Lester Bernhardt Orfield

Kentucky Law Journal

No abstract provided.

The Legal Effects Of Recognition In International Law, By John G. Hervey, N D. Houghton

Indiana Law Journal

No abstract provided.

The Position Of Unrecognized Governments Before The Courts Of Foreign States, N. D. Houghton

Indiana Law Journal

No abstract provided.