Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 661 - 679 of 679

Full-Text Articles in Law

Penalties And Rewards In Soviet Law, George C. Guins May 1950

Penalties And Rewards In Soviet Law, George C. Guins

Washington Law Review

The Soviet system and practice of penalties and rewards have several peculiarities which are undoubtedly bound up with Soviet socialism.


Revisions Of The Criminal Code Of Japan During The Occupation, Howard Meyers Feb 1950

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 …


Bibliographic Notes, Anon Nov 1949

Bibliographic Notes, Anon

Washington Law Review

The legal literature of the Far East and Russia, on the average lawyer's bookshelf, is not crowding out the Reporter system. Yet it may be available to him in a nearby law library In cooperation with some of those libraries, and with the Far Eastern Law Committee of the American Bar Association's Section of International and Comparative Law, the Review here initiates, for the lawyer interested, a listing of basic law books, with indication of their location.


Reforms In Japanese Criminal Procedure Under Allied Occupation, Richard B. Appleton Nov 1949

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 …


Some Observations On China's National Assembly, Chi-Yu Wu May 1949

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 May 1949

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, …


The Parliamentary System Of Government In India, Benegal Narsing Rau Feb 1949

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 Soviet Court As A Source Of Law, John N. Hazard Feb 1949

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 …


Some Judicial Problems Facing China, Yu Kwei Nov 1948

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 …


Progress Of The Law In China, Roscoe Pound Nov 1948

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 …


The Constitution Of The Union Of Burma, Benegal Narsing Rau Aug 1948

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 Aug 1948

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—A Concise Historical Survey, V. A. Riasanovsky May 1948

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 …


Mongol Law—Later Developments, Lawrence Krader May 1948

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 May 1948

Constitution Of The Mongol People's Republic, Anon

Washington Law Review

Ulan-Bator, June 30, 1940.


The Spirit Of Soviet Law, Harold J. Berman May 1948

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 …


Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt Jan 1937

Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt

Washington Law Review

This article, written by the Chairman of the New Jersey Judicial Council, was first published in the sixth annual report of that body and later reprinted in the October, 1936, Issue of the Journal of the American Judicature Society. So much has been written in non-legal publications in this country concerning the efficiency of the English administration of criminal law and procedure that It will undoubtedly be of interest to the bar to be informed more exactly on the subject by the more detailed and exact research and comment of a member of the legal profession. With that idea in …


Outline Of Legal History, By Franklin Russell, Rudolph H. Nottlemann Apr 1930

Outline Of Legal History, By Franklin Russell, Rudolph H. Nottlemann

Washington Law Review

No abstract provided.


The Taiho Code, The First Code Of Japan, Vivian M. Carkeek Feb 1926

The Taiho Code, The First Code Of Japan, Vivian M. Carkeek

Washington Law Review

Professor Edward S. Creasy, in the eighth edition of his "Fifteen Decisive Battles of the World," published in 1858, predicted war between China or Japan, and the United States. Fortunately for the civilization of the world, there has been none, nor is there likely to be. But as was so well stated by Viscount Uchida, "A knowledge of each other s legal institutions is one of those things which is so essential to an understanding and to the creation of good feeling between nations." The increase of commerce and intercourse that is certain to take place within the next few …