Law Commons^™

The Scottish Law Commission, Lord Kilbrandon

Georgia Law Review

It is interesting to look back now on the reaction of the people of Great Britain, and especially of the legal profession in Great Britain, to the laying before Parliament of the Law Commissions Bill in 1965, and on the controversies and debates which were heard on every side during the passage of that Bill into law. It was especially interesting to me in 1966 to have the opportunity of discussing this legislation with audiences in the United States of America and in Canada, because I do not think that the proposals which were contained in the Bill would have …

The Development Of Legal Systems: The Ethiopian Experience, Robert Allen Sedler

Law Faculty Research Publications

A complete, modern legal system must be created in each of the "developing nations" of the world to meet the needs of rapid social and economic growth. The problems experienced in imposing a new legal system upon a "developing" society are frequently similar among the various nations. Professor Sedier discusses these problems of general legal development with respect to several new nations. His detailed analysis of the progress of the Ethiopian legal system brings into focus the common denominators of legal and societal evolution. He is particularly qualified to discuss the Ethiopian experience because of his former position as Assistant …

Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau

Michigan Law Review

A Review of Freedom of Expression and Security: A Comparative Study of the Function of the Supreme Courts of the United States and India by A.S. Bedi

Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review

Michigan Law Review

In 1677 the English Parliament enacted the first Statute of Frauds to prevent "many fraudulent practices, which are commonly endeavored to be upheld by perjury and subornation of perjury." The trial system then existing in England was forced to depend upon unreliable juries, and relied upon few rules of evidence besides the rule treating parties to an action as incompetent witnesses. Thus, in passing the Statute, Parliament sought to minimize the abuses possible under the trial system by providing that virtually no important contract would be enforceable unless reduced to writing.

Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki

Washington Law Review

This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …

Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki

Washington Law Review

This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.

Harvey: Law And Social Change In Ghana, Max Rheinstein

Michigan Law Review

A Review of Law and Social Change in Ghana By William Burnett Harvey

The Labor Court Idea, R. W. Fleming

Michigan Law Review

When the War Labor Board first began to exert pressure on companies and unions to adopt grievance arbitration clauses during World War II, there was a considerable hesitance on both sides. Both groups worried that while third party decision making might momentarily improve productive efficiency, it would do so at the price of a long-run loss in institutional integrity and autonomy, and peace at any price held little fascination for either side. Nevertheless, grievance arbitration was accepted and gradually became the normal mechanism for resolving contractual disputes in the United States.

A Comparative Study Of Peruvian Criminal Procedure, Daniel E. Murray

University of Miami Law Review

No abstract provided.

Codification And Judge-Made Law: A Problem Of Coexistence, Leslie George Scarman

Indiana Law Journal

No abstract provided.

A Note On England's Law Commission And Its Chairman, Reed Dickerson

Indiana Law Journal

No abstract provided.

Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown

Washington and Lee Law Review

No abstract provided.

Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller

Michigan Law Review

The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …

The Acts Of Jamaica, 1967, Jamaica

Jamaica

The Acts of Jamaica passed in the year 1967

Published by authority

The Canadian Corporation And Wall Street: Application Of United States Securities Laws To Canadian Issuers, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The purpose of this article is to present the Canadian legal practitioner with a summary of those sections of American securities laws which are applicable to foreign issuers. Discussion, for the most part, will be limited to a brief outline of the more salient aspects of securities regulation; a complete presentation of any one feature would be impossible within the confines of a single article. Wherever possible, relevant authorities will be cited and counsel would be wise to examine their more detailed treatment. Moreover, though federal legislation in this area is not exclusive, discussion will be limited to the national …

Law And Social Change In Ghana, By William Burnett Harvey, Paul O. Proehl

Indiana Law Journal

No abstract provided.

Book Review, George C. Christie

Faculty Scholarship

Reviewing Samuel Enoch Stumpf, Morality and the Law (1966)

Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review

Michigan Law Review

The Duke and Duchess of Arion, nationals and domiciliaries of Spain, neither of whom had ever been to New York, deposited community property consisting of cash and securities in several New York banks. In establishing these accounts, the Duke and Duchess either expressly agreed in writing that the New York law of survivorship would apply to their accounts or signed standard bank survivorship forms which incorporated the survivorship laws of that state. After her husband's death, the Duchess made the entire amount on deposit in New York subject to her will. Following the Duchess' death and during probate of her …

Organizations For The International Lawyer-- A Brief Survey, Elliott E. Cheatham

Vanderbilt Journal of Transnational Law

The great rise in interest in international law has a firm basis in the facts of modern life. Washington and New York are now closer to Paris and Moscow in travel time, not to speak of missile delivery time, than adjoining county seats were when Washington warned against entangling alliances. Travel time and ease rather than miles or kilometers are the measure of near and far. The shrinkage of space in time has increased enormously the importance of sound relations among peoples of the world. Science and technology are opening up new areas for human activities, particularly competition in outer …

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 …

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 …

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

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

Indiana Law Journal

No abstract provided.

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

West Virginia Law Review

No abstract provided.

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

William & Mary Law Review

No abstract provided.

Party Autonomy In Contracts Specifying Foreign Law, Robert Johnston

William & Mary Law Review

No abstract provided.