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Full-Text Articles in Law

Orwell's Prophecies: The Limits Of Liberty And The Limits Of Law, Julian Symons Nov 1984

Orwell's Prophecies: The Limits Of Liberty And The Limits Of Law, Julian Symons

Dalhousie Law Journal

Let me say something first about the scope of this talk. As we approach 1984, George Orwell's book with that title seems to have increasing relevancy. It was not intended as a prophetic work - the very title came simply from the fact that the final version was completed in 1948, so that the last two numerals were reversed. And it was concerned less with conjectural futures than with the world Orwell saw around him. It was, he said, a projection of what might happen if totalitarian tendencies in several countries developed as they had been doing in the years …


European Integration Through Fundamental Rights, Jochen Abr. Frowein Oct 1984

European Integration Through Fundamental Rights, Jochen Abr. Frowein

University of Michigan Journal of Law Reform

The conception of fundamental rights as natural rights of human beings developed in European legal thinking mainly in the seventeenth and eighteenth centuries. John Locke, Jean-Jacques Rousseau, and also Immanuel Kant should be mentioned. But it was in the new world that the principles of fundamental human rights were first put into practice. A little more than ten years after the first American declarations, the "Declaration des droits de l'homme et du citoyen" was adopted in Paris; it remains part of French constitutional law today. But, unlike the development in the United States, the French guarantees could not be enforced …


Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review Feb 1984

Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review

Michigan Law Review

A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons


Equality And Discrimination Under International Law, Michigan Law Review Feb 1984

Equality And Discrimination Under International Law, Michigan Law Review

Michigan Law Review

A Review of Equality and Discrimination Under International Law by Warwick McKean


Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George Jan 1984

Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George

Penn State International Law Review

Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.


Books Received, Law Review Staff Jan 1984

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Japan's Reshaping of American Labor Law By William B. Gould Cambridge, Massachusetts: The MIT Press, 1984. Pp.xii, 166. $19.95.

World Economic Outlook By The Staff of the International Monetary Fund Washington, D.C.: International Monetary Fund,1984. Pp. ix, 162. $15.00.

Recent Multilateral Debt Restructurings With Official and Bank Creditors By E. Brau and R.C. Williams Washington, D.C.: International Monetary Fund, 1983. Pp. vii, 28. $5.00.

The Fund, Commercial Banks, and Member Countries By Paul Mentre Washington, D.C.: International Monetary Fund, 1984. Pp. v, 35. $5.00.

International Law and the New States of Africa By Yilma Makonnen New York: Unipub, 1983. Pp. …


Book Reviews, Whitney Debevoise, Roger S. Clark Jan 1984

Book Reviews, Whitney Debevoise, Roger S. Clark

Vanderbilt Journal of Transnational Law

The Fund Agreement in the Courts: Volume II By Joseph Gold Washington, D.C.: International Monetary Fund, 1982. pp.xii, 499.

Reviewed by Whitney Debevoise

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Transnational Legal Problems of Refugees 1982 Michigan Yearbook of International Legal Studies New York: Clark Boardman Co., 1982. Pp. xii, 646. $55.00.

Reviewed by Roger S. Clark


Book Received, Law Library Staff Jan 1984

Book Received, Law Library Staff

Vanderbilt Journal of Transnational Law

Books Received

Aspects of the International Banking Safety Net

By G.G. Johnson, with Richard K. Abrams

Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00

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The Soviet Viewpoint

By Georgi Arbatov and Willem Oltmans

New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95

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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations

By Phillip I. Blumberg

Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00

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Iraq & Iran: Roots of Conflict

By Tareq Y. Ismael

Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …


The European Jurisprudence Of Human Rights, J. A. Andrews Jan 1984

The European Jurisprudence Of Human Rights, J. A. Andrews

Maryland Law Review

No abstract provided.


State Of Siege And Rule Of Law In Argentina: The Politics And Rhetoric Of Vindication, Frederick E. Snyder Jan 1984

State Of Siege And Rule Of Law In Argentina: The Politics And Rhetoric Of Vindication, Frederick E. Snyder

University of Miami Inter-American Law Review

No abstract provided.


Prior Consent And The United Nations Human Rights Instruments, Walter E. Spiegel Jan 1984

Prior Consent And The United Nations Human Rights Instruments, Walter E. Spiegel

Michigan Journal of International Law

After reviewing the legal framework of an international right of freedom of information, this article examines United States opposition to prior consent in the context of the human rights provisions. It contends that the United States should not argue that any recognition of a right of prior consent is inconsistent with Article 19, but rather that international principles recognize a right of prior consent limited to certain types of programming. The article then considers arguments for the Third World position of strict prior consent concluding that, in addition to being inconsistent with the general intent of Article 19, strict prior …


Jamming And The Law Of International Communications, Rochelle B. Price Jan 1984

Jamming And The Law Of International Communications, Rochelle B. Price

Michigan Journal of International Law

The Soviet Union began to jam Western radio broadcasts to the Soviet Union in 1948. Jamming has continued to be a problem since then, though not a constant one; over the years, the level of jamming has varied in relation to East-West tensions but more particularly in consonance with internal and external crises. As the post-war international debate concerned with virtually all aspects of modem communications has evolved, jamming has become one focus of the free flow of information- national sovereignty debate. Though seldom completely effective, jamming is a sufficiently large-scale and controversial practice to warrant international attention today, as …