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Comparative and Foreign Law

1966

Articles 1 - 24 of 24

Full-Text Articles in Law

The Comity Doctrine, Introduction, Kurt H. Adelmann Nov 1966

The Comity Doctrine, Introduction, Kurt H. Adelmann

Michigan Law Review

Hessel Yntema's Essay on the Comity Doctrine, published in a Festschrift in Europe, deals with the origin and the meaning-or meanings-of a doctrine which has had a truly extraordinary impact on American conflicts law. For this reason and because of the stature of the author, the Essay is entitled to a special place in our literature on the Conflict of Laws. The Michigan Law Review has decided, as a memorial to the great Michigan Scholar, to reprint the Essay so that it may be more easily accessible.

Written for other purposes, the Essay does not discuss the place which the …


The Comity Doctrine, Hessel E. Yntema Nov 1966

The Comity Doctrine, Hessel E. Yntema

Michigan Law Review

The doctrine of comity, as developed in the Netherlands during the last quarter of the Seventeenth Century, for the first time posed in stark simplicity the basic dilemma of conflicts law in modem times to mediate between the pretensions of territorial sovereignty and the needs of international commerce. As Ulrik Huber, the most influential exponent of the doctrine, observed: "Exempla, quibus utemur, ad juris privati species maxime quidem pertinebunt, sed judicium de illis unice juris publici rationibus constat, & exinde definiri debent.'' ["The examples which we shall use belong principally to the category of private law but their treatment …


Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg Oct 1966

Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg

Washington Law Review

If the underdeveloped nations of the world are to achieve their goal of a substantial increase in their standards of living, they must import private capital. Foreign investors, however, have recently shown a reluctance to invest abroad because of the increasing risk of uncompensated expropriation of their property. Several current proposals seek to reduce this risk by limiting the power of states to acquire alien property. This approach appears to be ineffective because of the reluctance of the underdeveloped nations to agree to abide by foreign standards of property treatment. After outlining the nature of the problem and analyzing the …


Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman Oct 1966

Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman

Washington Law Review

It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …


The Russian Judiciary Act Of 1922 And Some Comments On The Administration Of Justice In The Soviet Union, W.J. Wagner Apr 1966

The Russian Judiciary Act Of 1922 And Some Comments On The Administration Of Justice In The Soviet Union, W.J. Wagner

Indiana Law Journal

No abstract provided.


Hessel E. Yntema, Michigan Law Review Apr 1966

Hessel E. Yntema, Michigan Law Review

Michigan Law Review

A Memorial Tribute for Hessel E. Yntema


Comparative Law--Consular Agent Representing His National As Beneficiary, Hazel Armenta Straub Feb 1966

Comparative Law--Consular Agent Representing His National As Beneficiary, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.


Party Autonomy In Contracts Specifying Foreign Law, Robert Johnston Jan 1966

Party Autonomy In Contracts Specifying Foreign Law, Robert Johnston

William & Mary Law Review

No abstract provided.


Personal Jurisdiction Over Non-Residents: Some Statutory Changes, Stanley G. Barr Jr. Jan 1966

Personal Jurisdiction Over Non-Residents: Some Statutory Changes, Stanley G. Barr Jr.

William & Mary Law Review

No abstract provided.


Soviet Legal Education, John W. Hager Jan 1966

Soviet Legal Education, John W. Hager

Duquesne Law Review

The title of this article may imply to some readers that the subject matter of its contents will prove to be a broad, comprehensive, and analytical study of all phases of Soviet legal education. No such implication is intended by the particular title selected, and lest the reader be disappointed at a later point, he is warned here that any broad, all-inclusive inferences drawn from the title are neither accurate nor will they be justified by what follows. The author's purposes are much less ambitious and much more limited in number and in scope. By this article he proposes to …


The South-West Africa Judgment: A Study In Justiciability, Cornelius F. Murphy Jan 1966

The South-West Africa Judgment: A Study In Justiciability, Cornelius F. Murphy

Duquesne Law Review

According to Brierly, an international dispute is justiciable if it is "susceptible of decision by the application, in an arbitral or judicial process, of rules of law." It is widely believed that the number of disputes between states to which the judicial process can be applied is extremely limited. The individualistic basis of international jurisdiction and the prevalent political tensions contribute to a limited view of the possibilities of international adjudication. Yet there is a constant need to develop measures of peaceful settlement, and the recent judgment of the International Court of Justice in the South-West Africa cases has dramatically …


Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


The Acts Of Jamaica, 1966, Jamaica Jan 1966

The Acts Of Jamaica, 1966, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1966

Published by authority


Book Review. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj Jan 1966

Book Review. Civil Procedure In Swedish By R. B. Ginsburg And A. Bruzelius, Jurij Fedynskyj

Articles by Maurer Faculty

No abstract provided.


Land Transfer Improvement: The Basic Facts And Two Hypotheses For Reform, Ted J. Fiflis Jan 1966

Land Transfer Improvement: The Basic Facts And Two Hypotheses For Reform, Ted J. Fiflis

Publications

No abstract provided.


The Administration Of The Alberta New Towns Program, John R. Mcfarland Jan 1966

The Administration Of The Alberta New Towns Program, John R. Mcfarland

Duquesne Law Review

Canada is a country with vast unsettled regions and many untapped resources. In the past, as resources were exploited and industry developed in areas which had previously been open country, town building and settlement were left primarily to the industrial developer. The result was the development of what are often called "company towns," or "single-enterprise communities." Little part was played in the creation of these towns by real estate promoters, professional town planners, or governmental bodies. They were not built for philanthropic or idealistic purposes but were considered as "necessary evils." Although towns built in this manner have generally been …


A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich Jan 1966

A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich

Villanova Law Review

No abstract provided.


The Judiciary In Ghana, William B. Harvey Jan 1966

The Judiciary In Ghana, William B. Harvey

Articles by Maurer Faculty

No abstract provided.


Comparative Law And Jurisprudence, Jerome Hall Jan 1966

Comparative Law And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Cyprus, The "Warlike Isle": Origins And Elements Of The Current Crisis, Thomas Ehrlich Jan 1966

Cyprus, The "Warlike Isle": Origins And Elements Of The Current Crisis, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Post-Nkrumah Ghana: The Legal Profile Of A Coup, William Burnett Harvey Jan 1966

Post-Nkrumah Ghana: The Legal Profile Of A Coup, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


The Qualities Of Goods In Sales At The Wholesale Level: Other Answers, Daniel E. Murray Jan 1966

The Qualities Of Goods In Sales At The Wholesale Level: Other Answers, Daniel E. Murray

University of Miami Law Review

No abstract provided.


Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn Jan 1966

Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn

Michigan Law Review

Yugoslavia, with a population of nearly twenty million, occupies a territory slightly larger than the United Kingdom. Professedly "communist" in philosophy, increasingly "democratic" in practice, it recognizes that the supposed interests of the State do not preclude attention to individual rights as well. In recent years Yugoslavia, like the United States, has earnestly sought efficient means of examining complaints about public administration. The present article sketches some of the measures that protect citizens against official abuse or mistake.


Degaulle's Republic And The Rule Of Law: Judicial Review And The Conseil D'Etat, George D. Brown Dec 1965

Degaulle's Republic And The Rule Of Law: Judicial Review And The Conseil D'Etat, George D. Brown

George D. Brown

No abstract provided.