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Full-Text Articles in Law

International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed. Nov 1950

International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.

Michigan Law Review

Diplomatic officers are immune from the criminal jurisdiction of the receiving state under well-recognized principles of customary international law, which principles are said to be a part of the law of the United States. As international organizations developed, certain privileges and immunities were given to their personnel by treaties or agreements and it appeared that by common consent of the family of nations their right to immunities might also come to be recognized as a principle of the law of nations. As yet the United States has not recognized such a principle and jurisdictional immunity here must still be provided …


Book Reviews, Alfred Conrad, Daniel J. Boorstin, Charles C. Callahan, Arnold C. Rood, Robert R. Wilson, Ella Cooper Thomas, I. Maurice Wormser, Louis Prashker, Cornelius J. Moynihan Sep 1950

Book Reviews, Alfred Conrad, Daniel J. Boorstin, Charles C. Callahan, Arnold C. Rood, Robert R. Wilson, Ella Cooper Thomas, I. Maurice Wormser, Louis Prashker, Cornelius J. Moynihan

Journal of Legal Education

No abstract provided.


The Place Of Constitutional Law And International Law In Legal Education, D. Hughes Parry Jun 1950

The Place Of Constitutional Law And International Law In Legal Education, D. Hughes Parry

Journal of Legal Education

No abstract provided.


Book Reviews, Frank E. Horack Jr., Nathaniel L. Nathanson, Max Radin, Robert L. Taylor, Roy R. Ray, Robert H. Wettach, David R. Deener, Monrad G. Paulsen, Austin W. Scott Jun 1950

Book Reviews, Frank E. Horack Jr., Nathaniel L. Nathanson, Max Radin, Robert L. Taylor, Roy R. Ray, Robert H. Wettach, David R. Deener, Monrad G. Paulsen, Austin W. Scott

Journal of Legal Education

No abstract provided.


International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin Jun 1950

International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin

Michigan Law Review

Libelants, eleven Greek seamen, signed a contract in the United States for a voyage from this country to Spain on a Greek vessel. They were discharged when the ship reached Barcelona. The shipowners made advance payments to these seamen, as they had in the past, and deducted such payments when settlements were made in the United States at the end of the voyage, a practice contrary to a federal statute. Prior to libelants' return to the United States from Spain, where they had been properly discharged, suit was instituted in their behalf for wages. Respondents paid into court a sum …


Amado V. Director Of The Immigrants' Camp, Pardes Hanna, Moshe Smoira, Menachem Dunkelblum, Shimon Agranat, Shneor Zalman Cheshin, Simha Assaf Apr 1950

Amado V. Director Of The Immigrants' Camp, Pardes Hanna, Moshe Smoira, Menachem Dunkelblum, Shimon Agranat, Shneor Zalman Cheshin, Simha Assaf

Translated Opinions

A Civil Court in Paris granted a decree of divorce to the petitioner and second respondent (being respectively the wife and the husband), who were French nationals domiciled in France, and declared that the petitioner was entitled to the custody of the children, a girl aged seven years and a boy aged four and a half years at the time of the application, but ordered that the second respondent have access to them at stated times. On one of these occasions the second respondent smuggled the children out of France and brought them to Israel, where they were living with …


Shimshon Palestine Portland Cement Factory Ltd. V. Attorney General, Menachem Dunkelblum, Shimon Agranat, Simha Assaf Apr 1950

Shimshon Palestine Portland Cement Factory Ltd. V. Attorney General, Menachem Dunkelblum, Shimon Agranat, Simha Assaf

Translated Opinions

The applicant, a Company registered in Tel Aviv, formerly Palestine, now Israel, brought an action against the Government of Palestine for the return of the sum of 2539 Palestine Pounds customs drawback. On February 17, 1948, the Haifa District Court gave judgment in favour of the applicant. On March 17, 1948, the Attorney-General of the Government of Palestine entered an appeal against that judgment. This appeal was not heard. On May 15, 1948, the Mandate for Palestine terminated and the State of Israel came into existence. The present application, before the Israel Supreme Court, was for an order that the …


International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed. Apr 1950

International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.

Michigan Law Review

The crime of genocide is committed when a person is harmed because of his nationality, race or religion. Because of the number of offenses committed with genocidal motives during and before the last war, and the shortcomings of the customary international law rules on the subject, the General Assembly of the United Nations unanimously adopted a Convention on Genocide, which has been submitted for ratification by the members, including the United States.


International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed. Apr 1950

International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.

Michigan Law Review

Petitioner, a German citizen confined in the American Zone of Occupied Germany in the custody of the United States Anny, petitioned the United States District Court, District of Columbia for a writ of habeas corpus. The respondents were the Secretary of Defense and others alleged to have directory control over the jailers in Germany. The petitioner had been convicted of war crimes by Military Tribunal IV at Nuremburg, Germany. This tribunal was established by order of General Clay, United States Military Governor and Zone Commander, pursuant to Control Council Law No. 10 which carried out the London Agreement and the …


International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed. Feb 1950

International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed.

Michigan Law Review

In a decision handed down April 11, 1949, the court unanimously answered question I(a) (Can the United Nations sue for damages done to itself?) affirmatively. Question I(b) (Can the United Nations sue for damages done to its agents?) was also answered in the affirmative, but over the dissent of four judges. On question II, the majority of the court asserted that a conflict between the agent's national state and the United Nations would be avoided because the United Nations would be claiming only for breach of the obligation due to it.


What Is The I.L.D.?, Kaarte-Edlund Branch Jan 1950

What Is The I.L.D.?, Kaarte-Edlund Branch

Ina and Noel Harris Collection

Article explaining the origin, recent history and current goals of the International Labor Defense. Details their local history in Northern California and their aid to striking lumber workers amongst other efforts.

Issued by: KAARTE-EDLUND BRANCH, International Labor Defense

Box 988, Eureka, Calif


International Law-International Court Of Justice-Advisory Opinions-Admission To Membership In The United Nations, William C. Gordon Jun 1949

International Law-International Court Of Justice-Advisory Opinions-Admission To Membership In The United Nations, William C. Gordon

Michigan Law Review

The International Court of Justice is the principal judicial organ of the United Nations, and the Statute of the Court forms an integral part of the United Nations Charter. The Court is essentially a continuation of the Permanent Court of International Justice, which operated in connection with the League of Nations. Like its predecessor, the Court is composed of fifteen judges, nominated in a manner designed to ensure impartiality and elected by the General Assembly and the Security Council voting separately upon a list of nominees.


International Law-Immunity Of United Nations Representative From Jurisdiction Of Municipal Courts, William C. Gordon May 1949

International Law-Immunity Of United Nations Representative From Jurisdiction Of Municipal Courts, William C. Gordon

Michigan Law Review

An action for separate maintenance was initiated in a New York court against China's permanent representative to the United Nations, who appeared specially and moved to set aside the service of summons on the ground of diplomatic immunity. Exemption from suit was claimed under the Headquarters Agreement between the United States and the United Nations, which granted certain resident representatives of member states diplomatic privileges and immunities. Held, defendant was entitled to diplomatic immunity and service of summons should be set aside. Tsiang v. Tsiang, 86 N.Y.S. (2d) 556 (1949).


The Preliminary Draft Of A World Constitution, By The Committee To Frame A World Constitution, Ely Culbertson Apr 1949

The Preliminary Draft Of A World Constitution, By The Committee To Frame A World Constitution, Ely Culbertson

Indiana Law Journal

No abstract provided.


A Reply To Mr. Culbertson, By Elisabeth Mann Borgese, Elisabeth Mann Borgese Apr 1949

A Reply To Mr. Culbertson, By Elisabeth Mann Borgese, Elisabeth Mann Borgese

Indiana Law Journal

No abstract provided.


A Modern Law Of Nations, By Philip C. Jessup; The International Problem Of Governing Mankind, By Philip C. Jessup, Austin V. Clifford Apr 1949

A Modern Law Of Nations, By Philip C. Jessup; The International Problem Of Governing Mankind, By Philip C. Jessup, Austin V. Clifford

Indiana Law Journal

No abstract provided.


International Law-Seizure Of Foreign Vessels On The High Seas, David D. Ring S.Ed. Feb 1949

International Law-Seizure Of Foreign Vessels On The High Seas, David D. Ring S.Ed.

Michigan Law Review

After World War I, the Allied Powers under Article XXII of the Covenant of the League of Nations designated Great Britain mandatary of Palestine, providing inter alia that, as far as possible without prejudice to the rights of the then residents of Palestine, steps were to be taken to facilitate Jewish immigration. A High Commissioner for Palestine was appointed, who, by the authority vested in him under the mandate, promulgated a general ordinance regulating immigration. It was provided therein that any British government ship might board any vessel to detain and examine persons reasonably believed to be seeking to enter …


Lunau: The Germans On Trial, Michigan Law Review Feb 1949

Lunau: The Germans On Trial, Michigan Law Review

Michigan Law Review

A Review of THE GERMANS ON TRIAL. By Heinz Lunau.


It's Not Law--The War Guilt Trials, Orville C. Snyder Jan 1949

It's Not Law--The War Guilt Trials, Orville C. Snyder

Kentucky Law Journal

No abstract provided.


A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland Dec 1948

A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland

Michigan Law Review

This is the sixth annual volume in which the faculty of the New York University School of Law has published its summary of the important developments in American law. The magnitude of the task required to produce these volumes would be considered beyond the capacity of the teaching staff of any single law school if the actual publication, year by year, of these monumental surveys did not prove that it could be accomplished.


The Codification Of International Law, James L. Brierly Nov 1948

The Codification Of International Law, James L. Brierly

Michigan Law Review

Any conclusion about the desirability or the practicability of codifying international law ought to be based on a clear idea of what the process would involve, and unfortunately "codification" is an ambiguous word. In the sense in which British and American lawyers use the word it relates to the form in which the law is presented. When we codify, we do not regard the task as one of improving the substance of the law, but as one of collecting the existing rules and stating them concisely and clearly. It is true that, even so, the work must involve some element …


Legal Problems Of German Occupation, Charles Fahy Nov 1948

Legal Problems Of German Occupation, Charles Fahy

Michigan Law Review

In early May, 1945, after conflict of almost unimaginable proportions, the ground forces of Germany which were still fighting had been pushed back into the boundaries of Germany; the resistance of its army, navy and air forces was collapsing. The armies of the United States, the United Kingdom, the Union of Soviet Socialist Republics and France were in actual occupation of practically all of Germany. The German government composed of Hitler and his cabinet had come to an end by the death, capture or flight of its members. Under Hitler's "political testament," however, Admiral Doenitz was recognized as Hitler's successor …


The Legal Status Of Occupied Germany, Max Rheinstein Nov 1948

The Legal Status Of Occupied Germany, Max Rheinstein

Michigan Law Review

The unprecedented situation presently existing in Germany has, of necessity, given rise to new and intricate questions of international law. Of these, one set of problems appears to me to deserve special attention because of both their theoretical and practical significance, namely, the problems concerning the legal relations between Germany and .her occupiers.


International Law And Air Transportation, Charles S. Rhyne Nov 1948

International Law And Air Transportation, Charles S. Rhyne

Michigan Law Review

There was never a time when the people of this nation were more internationally-minded than they are today. The position of world leadership which has now been assumed by, or thrust upon, the United States makes the study of international relations under international law a most vital subject. It is our purpose here to consider the legal rules which have been and are being developed to govern a field whose technical achievements are one of the primary reasons why lawyers and laymen alike are vitally concerned with international law today-the field of international air transportation.


A Modern Law Of Nations, Percy E. Corbett Nov 1948

A Modern Law Of Nations, Percy E. Corbett

Michigan Law Review

The title of Professor Jessup's book implies a criticism of the existing, or "traditional" law of nations. That law is not, apparently, modern. What the author means can be gleaned from his first paragraph. The existing principles, institutions and procedures intended to govern the conduct of states and usually referred to as "international law," are not adequate to meet the conscious needs of today's world. Those needs find their sharpest expression in a widespread demand for a more reliable world order, one more capable of resolving peaceably conflicts between states, more capable of resisting the forces which periodically tear the …


Calvocoressi: Nuremberg: The Facts, The Law, And The Consequences, Michigan Law Review Apr 1948

Calvocoressi: Nuremberg: The Facts, The Law, And The Consequences, Michigan Law Review

Michigan Law Review

A Review of NUREMBERG: THE FACTS, THE LAW, AND THE CONSEQUENCES. By Peter Calvocoressi.


Van Doren: The Great Rehearsal, Michigan Law Review Mar 1948

Van Doren: The Great Rehearsal, Michigan Law Review

Michigan Law Review

A Review of THE GREAT REHEARSAL. By Carl Van Doren.


Americano: The New Foundation Of International Law, Michigan Law Review Feb 1948

Americano: The New Foundation Of International Law, Michigan Law Review

Michigan Law Review

A Review of THE NEW FOUNDATION OF INTERNATIONAL LAW. By Jorge Americana.


Legal Aspects Of United Nations Citizenship, S. Raymond Dunn Jan 1948

Legal Aspects Of United Nations Citizenship, S. Raymond Dunn

Maryland Law Review

No abstract provided.


Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed. Nov 1947

Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed.

Michigan Law Review

A Review of A CONCISE HISTORY OF THE LAW OF NATIONS. By Arthur Nussbaum.