Digital Commons Network^™

Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan

Dalhousie Law Journal

This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …

Criminal Law—Affirmative Defenses In The Washington Criminal Code—The Impact Of Mullaney V. Wilbur, 421 U.S. 684 (1975), Pamela Cowan

Washington Law Review

A Maine jury found Stillman E. Wilbur, Jr., guilty of murder after the prosecution's proof of two elements: (1) that the homicide was unlawful, and (2) that it was intentional. Wilbur offered no evidence on his behalf to negate or otherwise refute the state's case other than his statement that he attacked the deceased in a frenzy provoked by a homosexual advance. The trial judge instructed the jury that if the prosecution established the above two elements, malice aforethought was to be conclusively inferred, unless the defendant proved by a fair preponderance of the evidence that he had acted in …

The Automobile Exception: What It Is And What It Is Not -- A Rationale In Search Of A Clearer Label, Charles E. Moylan Jr.

Mercer Law Review

The so-called "automobile exception" to the warrant requirement of the fourth amendment would pose few conceptual difficulties but for the simplistic assumption on the part of many lawyers and judges that the "automobile exception" has something to do with automobiles. It is the burden of this article to establish that that is not necessarily so. There are many legitimate warrantless searches of automobiles that do not remotely involve the "automobile exception." Conversely, there are some legitimate warrantless searches of non-automobiles that do. Our only real problem is that of coming to grips with the word "automobile."

"Automobile" means one thing …

Recent Developments In Labour Law In Nova Scotia, Brian G. Hansen, John Macpherson, Larry Steinberg

Dalhousie Law Journal

The past two years have been a fruitful time for those in Nova Scotia interested in labour law. During this period, the Supreme Court of Canada has handed down several decisions of relevance in this province, while the Nova Scotia Supreme Court itself has had cause to decide issues of considerable significance. Even more important, the number of written decisions published by the Nova Scotia Labour Relations Board has increased somewhat, with the result that some detail as to the day to day practice of the Board and its interpretation of the Act is now available. This comment will review …

The U.N. Economic Charter And U.S. Investment And Policy, G.A. Zaphiriou

Mercer Law Review

The United Nations General Assembly adopted the Charter of Economic Rights and Duties of States (the Economic Charter) on December 12, 1974, by a 120-6-10 vote. The background, the non-binding character of the Economic Charter, and some of its provisions have been analyzed in an article by Charles N. Brewer and John B. Tepe, Jr. which is based on a report approved by a subcommittee of the Section of International Law of the American Bar Association.

The purpose of the present analysis is:

1. To express a further opinion on the legal effect of the Economic Charter leading to the application …

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …

Utah's Short Statutes Of Limitation For Tax Titles: The Continuing Specter Of Lyman V. National Mortgage Bond Corp. - A Need For Remedial Legislation, Phillip Wm. Lear

BYU Law Review

No abstract provided.

Bilingual Education: An Educational And Legal Survey, William P. Foster

The Journal of Law and Education

No abstract provided.

Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti

Buffalo Law Review

No abstract provided.

The Opinion Volume 16 Number 5 – February 5, 1976, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 5, 1976

Notes, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Constitutional Law -- Mortmain Statutes -- A Blow To An Old And Ailing Statute, Elizabeth Anania

North Carolina Law Review

No abstract provided.

Federal Procedure - Jurisdiction - Unconstitutional Administration Of State Tax Laws - Tax Injunction Act, John K. Heisey

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that a state remedy designed to provide relief for aggrieved taxpayers on an individual basis is not "plain, speedy and efficient" within the meaning of the Tax Injunction Act when plaintiffs need and seek class-wide relief from racially discriminatory assessment of property taxes.

Garrett v. Bamford, 538 F.2d 63 (3d Cir.), cert. denied, 97 S. Ct. 485 (1976).

Parens Patriae Treatment: Legal Punishment In Disguise, Lee Coleman, Trudy Solomon

UC Law Constitutional Quarterly

No abstract provided.

Business Associations And Professions, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

The Constitution And The American Indian: Past And Prologue, Jerry Muskrat

UC Law Constitutional Quarterly

No abstract provided.

Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

Editorial Note: The following paper was originally presented in Mexico City on December 10, 1975, in a symposium honoring Professor Emeritus Luis Recasens Siches of the National University of Mexico.

International Law In The New Greek Constitution, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

On The State Of "The Word", Francis A. Allen

Law Quadrangle (formerly Law Quad Notes)

Based on Professo Allen's comments at the dedication of the Baron de Hirsch Meyer Library Addition, University of Miami Law School, Coral Gables, Fla., December 17, 1975.

The Value Of Comparative Constitutional Law, 9 J. Marshall J. Prac. & Proc 685 (1976), Donald P. Kommers

UIC Law Review

No abstract provided.

California's New Marijuana Law: A Sailing Guide For Uncharted Waters, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Comparative Criminology, Denis Szabo

Journal of Criminal Law and Criminology

No abstract provided.

General Prevention Revisited: Research And Policy Implications, Johannes Andenaes

Journal of Criminal Law and Criminology

No abstract provided.

Reconciling Effective Federal Prosecution And The Fifth Amendment: Criminal Coddling The New Torture Or A Rational Accommodation, Richard L. Thornburgh

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Colorado Antitrust Law: Untied And Drifting. Q-T Markets, Inc V Fleming Companies, Inc, John P. Harrington

University of Colorado Law Review

No abstract provided.