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Full-Text Articles in Law

"Civilizing" Nonjury Trials, F. R. Lacy Dec 1965

"Civilizing" Nonjury Trials, F. R. Lacy

Vanderbilt Law Review

This article is intended to make people think about American procedure, yet it is devoted largely to a description of Austrian and Israeli civil procedure and perhaps that calls for some disclaiming and confessing and avoiding. I have spent only a few months in the two countries and have no doubt that I am open to the charge, made against far more seasoned American comparatists, that I tend to look at foreign systems through American conceptual spectacles. By way of avoidance let me offer, first, the usual defense of the popularizer. There never will be many serious students of comparative …


The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review Dec 1965

The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review

Michigan Law Review

Many nations do not accord conclusive effect to foreign judgments unless their own judicial decrees are reciprocally enforced by the country rendering the judgment. The law in the United States is unsettled, with some states holding that foreign judgments are reviewable on the merits if the judgment forum similarly reviews the merits of American decrees, while others accord conclusive effect to valid foreign money judgments regardless of the effect accorded American decrees in the judgment forum. Judgments in the latter states would seem entitled to conclusive enforcement in countries requiring reciprocity. However, such conclusive recognition has been hindered because many …


Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez Oct 1965

Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez

Washington Law Review

There are four basic categories of employer misconduct which the Industrial Peace Act (hereinafter referred to as the "act") labels as unfair labor practices. The first is a very broad category; it includes interference, restraint or coercion of employees with respect to their right to organize. The other three refer to particular types of conduct: (1) requiring "yellow dog" contracts; (2) company unionism; (3) discriminatory practices affecting employment which encourage or discourage membership in any labor organization,"' or prejudicial acts committed against an employee for having filed charges, testified, or for being about to testify under the act.


New Communist Civil Codes Of Czechoslovakia And Poland: A General Appraisal, Aleksander W. Rudzinski Oct 1965

New Communist Civil Codes Of Czechoslovakia And Poland: A General Appraisal, Aleksander W. Rudzinski

Indiana Law Journal

No abstract provided.


Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen Oct 1965

Prejudicial Publicity And The Fair Trial: A Comparative Examination Of American, English And Commonwealth Law, Addison C. Harris Memorial Lecture, Zelman Cowen

Indiana Law Journal

Address delivered on January 21, 1965 at Indianapolis, Indiana as an Addison C. Harris Memorial Lecture.


The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth Oct 1965

The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth

Washington Law Review

The future of this common agricultural policy, as well as that of the European Economic Community itself, however, has been made somewhat uncertain by France's decree, on July 1, 1965, of a "temporary boycott" of the meetings of the Council of Ministers of the Community due to a failure to agree upon the method of financing the Community's agricultural policy. This boycott may well have "triggered the most serious crisis in the bloc's seven year history," because the dispute is thought by some to be a mere symptom of a more fundamental conflict between France and her Common Market partners. …


National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short Aug 1965

National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short

Washington Law Review

On August 1, 1964, the Philippine Bureau of Internal Revenue held a picnic in Taytay, Rizal Province, attended by more than 2,000 persons, to celebrate the 60th anniversary of its founding. The Philippine Bureau of Internal Revenue was organized on August 1, 1904, some six years after the Philippines came under the control of the United States. Its present complement of approximately 6,000 employees administers a variety of National Government taxes and can claim credit for providing roughly sixty per cent of total National Government revenues.


Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck Aug 1965

Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck

Washington Law Review

The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of …


The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman Aug 1965

The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman

Washington Law Review

No abstract provided.


Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki Aug 1965

Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki

Washington Law Review

No abstract provided.


The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes Aug 1965

The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes

Washington Law Review

The relations which have developed between the Philippines and the United States during more than sixty years of close association have been variously described as "unique,"' "peculiar," ' and "special." The most unusual relations are those created by an amendment to the Philippine Constitution extending to citizens and corporations of the United States, for a period of twenty-eight years, equal rights with Filipino citizens and corporations in the exploration, development, and utilization of natural resources and the operation of public utilities. Parity rights, as this grant is popularly called, were the subject of bitter controversy in the Philippines when proposed …


An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman Aug 1965

An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman

Washington Law Review

Since 1898, when the United States acquired possession of the Philippines from Spain, both sides have characterized relations with the other as "special." As with other characterizations of this type, "special relationship" has meant different things at different times. This article will attempt to chip away some of the encrustation that has accumulated upon this term over the years, at least in the economic sphere, and to see what this special economic relationship should mean in the world of the mid-1960's. In the early period of United States administration of the Philippines, the special relationship could perhaps be said to …


Business Organizations In The Philippines, Sulpicio Guevara Aug 1965

Business Organizations In The Philippines, Sulpicio Guevara

Washington Law Review

The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.


Secured Transactions In The Philippines, Estelito P. Mendoza Aug 1965

Secured Transactions In The Philippines, Estelito P. Mendoza

Washington Law Review

Philippine law on secured transactions is primarily statutory. Special laws dealing with chattel mortgages have been in effect since August 1, 1906. Title XV of the Philippine Civil Code deals with guaranty transactions and title XVI covers pledges and mortgages, with its major emphasis on pledges. The Chattel Mortgage Law was enacted by the Philippine Commission and is, thus, American in nature, while the Civil Code provisions are largely Spanish in origin.


Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo Aug 1965

Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo

Washington Law Review

The impact of the Philippine system of taxation is of great importance to American investors and businessmen. According to the American Chamber of Commerce of the Philippines, the total direct United States investment in the Philippines at the end of 1963 was 415 million dollars and of this amount 110 million dollars are invested in manufacturing. Consequently, the aim of this Article, after briefly tracing the history of Philippine tax laws, is to present a thorough but concise discussion of the tax consequences of establishing and operating a business, with emphasis on American owned or controlled corporations, in the Philippines.


Foreword [To Philippine Symposium], George E. Taylor Aug 1965

Foreword [To Philippine Symposium], George E. Taylor

Washington Law Review

The essays in this symposium bring out two themes—the relation of the American model to the substance and practice of law in the Philippines and the influence of the spirit of nationalism. Neither can be fully understood without reference to the past, for both have been fundamentally affected by the half century of American occupation. The substance of the law clearly owes most to the American model although Spanish civil law was not, in certain important areas, discarded. The Constitution of 1936, drawn up by an elected convention under the chairmanship of the late Senator Claro Recto, strongly reflects the …


Philippine Labor Law—A Survey, Perfecto Fernandez Jun 1965

Philippine Labor Law—A Survey, Perfecto Fernandez

Washington Law Review

No abstract provided.


German Association Of Comparative Law: Bibliography Of German Law, Lilly Melchior Roberts Apr 1965

German Association Of Comparative Law: Bibliography Of German Law, Lilly Melchior Roberts

Michigan Law Review

A Review of Bibliography of German Law. Edited by the German Association of Comparative Law.


Civil Code Of The Russian Soviet Federated Socialist Republic: An English Translation, Whitmore Gray, Raymond Stults Jan 1965

Civil Code Of The Russian Soviet Federated Socialist Republic: An English Translation, Whitmore Gray, Raymond Stults

Books

This book is an English translation of the Soviet Civil Code as published in Sovetskaia Iustitsiia in 1964. This book also includes the Russian original.


The Acts Of Jamaica, 1964, Jamaica Jan 1965

The Acts Of Jamaica, 1964, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1964

Published by authority


The Acts Of Jamaica, 1965 V.2, Jamaica Jan 1965

The Acts Of Jamaica, 1965 V.2, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1965 Volume II (Acts 8-49)

Published by authority


The Acts Of Jamaica, 1965 V.1, Jamaica Jan 1965

The Acts Of Jamaica, 1965 V.1, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1965 Volume I (Acts 1-7)

Published by authority


Administrative Control Of The Terms Of Insurance Contracts: A Comparative Study, Spencer L. Kimball, Werner Pfennigstorf Jan 1965

Administrative Control Of The Terms Of Insurance Contracts: A Comparative Study, Spencer L. Kimball, Werner Pfennigstorf

Indiana Law Journal

A related article published in this journal, Kimball and Pfennigstorf, Legislative Control of the Terms of Insurance Contracts: A Comparative Study, 39 IND. L.J. 675 (1964), examined legislative and judicial control of the provisions of insurance policies. Ideally, it would have been better to publish all aspects of control of insurance policies in one article, but length as well as complexity necessitated division of the subject matter. The reader who wishes a more complete picture of public control of the terms of insurance contracts should consult the earlier article and other available literature.


The Principle Of "Harm" In The Concept Of Crime: A Comparative Analysis Of The Criminally Protected Legal Interests, Albin Eser Jan 1965

The Principle Of "Harm" In The Concept Of Crime: A Comparative Analysis Of The Criminally Protected Legal Interests, Albin Eser

Duquesne Law Review

Contrary to most continental European criminal theories, in which the notion of harm-defined as a violation of some legally protected interest -plays a key role in determining criminality, Anglo-American criminal jurisprudence has paid little attention to the theoretical exploration and practical employment of the principle of harm.


The Dominican Crisis: An Examination Of Traditional And Contemporary Concepts Of International Law, John F. Naughton Jan 1965

The Dominican Crisis: An Examination Of Traditional And Contemporary Concepts Of International Law, John F. Naughton

Duquesne Law Review

In late April of 1965 the Dominican Republic became embroiled in internal revolution. On April 25th the Dominican government was toppled by supporters of former Dominican President Juan D. Bosch. For the next three days the pro-Bosch rebel regime demanded the return of the former president. Bosch's return, however, was opposed by units of the Dominican naval and air forces under the command of Dominican Air Force General Elias Wessin y Wessin. The revolution appeared to collapse after heavy fighting in the Dominican capital of Santo Domingo on April 27th. That day the United States Embassy in Santo Domingo announced …


Book Review. Les Nouveaux États Dans Les Relations Internationales Edited By J. B. Duroselle And J. Meyriat, A. A. Fatouros Jan 1965

Book Review. Les Nouveaux États Dans Les Relations Internationales Edited By J. B. Duroselle And J. Meyriat, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Soviet Tort Law: The New Principles Annotated, Whitmore Gray Jan 1965

Soviet Tort Law: The New Principles Annotated, Whitmore Gray

Book Chapters

AT 2:20 A.M. ON MAY 1, 1962, while riding his bicycle along the Simferopol' Highway in the company of Baturin, Pronin fell and injured his shoulder. Leaving his bicycle with Pronin, Baturin went on foot to a nearby village to summon medical aid. Pronin waited for him for awhile, and then decided to go back to the village of Volosovo in a passing car. Seeing the Tula-Moscow bus coming, he ran onto the road and waved. The driver, Markelov, seeing Pronin run onto the road 50 feet ahead of the bus, swerved to the left, went into the left lane, …