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Articles 1 - 30 of 33
Full-Text Articles in Law
Federalism Or Federationism, William E. Butler
Federalism Or Federationism, William E. Butler
Michigan Law Review
When I took up my appointment in October 1970 as Reader in Comparative Law in the University of London, I was invited to collaborate in teaching the LL.M.' course in Soviet Law offered within the University on an intercollegiate basis. The course had been introduced two years previously, the first of its kind within the realm. Originally it was offered by a team of three, regrettably all now deceased: Edward Johnson, Ivo Lapenna, and Albert K. R Kiralfy. I had come to England to replace the late Edward Johnson, whose untimely death had left vacant the Readership in Soviet Law, …
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Michigan Journal of International Law
This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.
Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn
Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn
Michigan Law Review
After many turbulent years of uneasy transition to a market economy, Russia is finally "open for business." Nonetheless, the transitional period remains far from over, and Russian enterprises are still starved for capital that they desperately need for retooling to convert from military to consumer production, for acquiring new equipment to replace old and worn machinery, and for undertaking new and lucrative projects. While Russian financial institutions may provide significant funding, their reserves are limited; they could not hope to finance independently the multitude of existing and potential enterprises within the expansive Russian territory. Therefore, much of the financing for …
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
Michigan Journal of International Law
Review of Russian Law: The End of the Soviet System and the Role of Law by F.J.M. Feldbrugge
Models For A Gorbachev Constitution Of The U.S.S.R., John N. Hazard
Models For A Gorbachev Constitution Of The U.S.S.R., John N. Hazard
Michigan Journal of International Law
Western Sovietologists were startled when Secretary General Mikhail S. Gorbachev set his craftsmen to work in the Summer of 1988 to prepare a revised structure for the Union of Soviet Socialist Republics ("U.S.S.R."). While some hint of what was to come had been given by publications prior to the 19th Communist Party Conference, and while some of these appeared in the theses to be debated at the Conference, Westerners expected little more than a call from the tribune for change in attitudes. Basic State structures established by Leonid Brezhnev in his 1977 Constitution had not previously been questioned. Critics levelled …
The Changing Process Of International Law And The Role Of The World Court, J. Patrick Kelly
The Changing Process Of International Law And The Role Of The World Court, J. Patrick Kelly
Michigan Journal of International Law
Two approaches have emerged in recent American literature as to the appropriate United States attitude toward the World Court: (1) the re-acceptance of compulsory jurisdiction with various reservations to preserve vital American interests; and (2) the preservation of the status quo premised on a perception that the World Court is biased or misguided, while promoting the United States government's perspective on international law. This article argues that neither approach comes to terms with the wide disagreements about content and process in the international community. Both fail to promote the goals of an enhanced World Court or a better international legal …
Lawyers In Soviet Work Life, Michigan Law Review
Lawyers In Soviet Work Life, Michigan Law Review
Michigan Law Review
A Review of Lawyers in Soviet Work Life by Louise I. Shelley
Socialism And Federation, John N. Hazard
Socialism And Federation, John N. Hazard
Michigan Law Review
Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.
Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review
Final Judgment: My Life As A Soviet Defense Attorney, Michigan Law Review
Michigan Law Review
A Review of Final Judgment: My Life as a Soviet Defense Attorney by Dina Kaminskaya
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman
Michigan Journal of International Law
One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins
Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins
Michigan Law Review
A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn
Highway To Armageddon, Bernhard G. Bechhoefer
Highway To Armageddon, Bernhard G. Bechhoefer
Michigan Law Review
A Review of Nuclear Weapons and World Politics: Alternatives for the Future by David G. Compert, Michael Madelbaum, Richard L. Warwin, and John H. Burton
The Soviet-American Arms Race: A European Perspective, J. David Singer
The Soviet-American Arms Race: A European Perspective, J. David Singer
Michigan Law Review
A Review of The Game of Disarmament: How the U.S. & Russia Run the Arms Race by Alva Myrdal
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
Michigan Law Review
The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.
Jacobson: Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Bernard G. Bechhoefer
Jacobson: Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Bernard G. Bechhoefer
Michigan Law Review
A Review of Diplomats, Scientists, and Politicians: The United States and the Nuclear Test Ban Negotiations by Harold Karan Jacobson and Eric Stein.
Grzybowski: Soviet Legal Institutions: Doctrines And Social Functions, Isaac Shapiro
Grzybowski: Soviet Legal Institutions: Doctrines And Social Functions, Isaac Shapiro
Michigan Law Review
A Review of Soviet Legal Institutions: Doctrines and Social Functions. By Kazimierz Grzybowski.
Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse
Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse
Michigan Law Review
During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …
Chinese Communist Law: Its Background And Development, Luke T. Lee
Chinese Communist Law: Its Background And Development, Luke T. Lee
Michigan Law Review
It is perhaps axiomatic to state that law is more than an instrument for the settlement of disputes and punishment of wrongdoers; it is, more importantly, a reflection of the way of life and the philosophy of the people that live under it. Self-evident though the above may be, it bears repeating here, for there is a much greater need for understanding Chinese law now than ever before. China's growing ideological, political, economic, and military impact on the rest of the world would alone serve as a powerful motivation for the study of its law. Certainly, we could not even …
Henkin: Arms Control And Inspection In American Law, Eric Stein
Henkin: Arms Control And Inspection In American Law, Eric Stein
Michigan Law Review
A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup.
The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson
The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson
Michigan Law Review
This celebration of the first century of the Michigan Law School recalls the vain endeavor of the Holy Roman Empire to keep the craft of the law out of the Americas. Que no passasen abogados ni procuradores a las Indias was a clause inserted by the Emperor Charles V into the capitulation of 1540 with Alvar Nunez which sanctioned the exploration of the River Plate. Perhaps it was the futility of lawyers which prompted the Imperial veto. Twenty years before, when the Governor of Cuba sought to halt Cortez with decrees of outlawry from Spain, his cunning captain Sandoval evaded …
Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein
Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein
Michigan Law Review
On October 26, 1956 seventy states signed an international agreement described as the Statute of an International Atomic Energy Agency. This signing followed a conference of over a month in which eighty-two states participated. All of the participating states supported the text which resulted from this conference-a truly remarkable result considering that the subject of the conference was atomic energy with its far-reaching international security implications.
Soviet Civil Law: A Review, Roscoe Pound
Soviet Civil Law: A Review, Roscoe Pound
Michigan Law Review
Here is an excellent and much needed book. Although the enthusiastic wishful thinking about things Russian, fashionable not so long ago, has for the most part abated, the rise of a new social and economic order on a great scale must call for careful study by lawyers and law-makers no less than by historians and economists and students of politics. Now that a generation has been at work constructively since the destructive era of militant communism after the revolution, we need accurate and objectively presented and interpreted information as to how the administration of justice goes on under "the dictatorship …
Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden
Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden
Michigan Law Review
The study of the problem of extraterritorial effects of confiscations and expropriations from the point of view of Comparative Law has special practical importance. There are hardly any codified rules applicable to foreign confiscations and expropriations, either in statutory law countries or in common law countries. Hence, decisions have to be based largely on generally accepted rules of public and private international law. Such general acceptance can only be proved by a comparative analysis of foreign as well as of domestic precedents.
Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden
Extraterritorial Effects Of Confiscations And Expropriations, Ignaz Seidl-Hohenvelden
Michigan Law Review
The study of the problem of extraterritorial effects of confiscations and expropriations from the point of view of Comparative Law has special practical importance. There are hardly any codified rules applicable to foreign confiscations and expropriations, either in statutory law countries or in common law countries. Hence, decisions have to be based largely on generally accepted rules of public and private international law. Such general acceptance can only be proved by a comparative analysis of foreign as well as of domestic precedents.
International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.
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 …
Soviet Law Of Inheritance: I, Vladimir Gsovski
Soviet Law Of Inheritance: I, Vladimir Gsovski
Michigan Law Review
The Soviet law of inheritance has suffered several drastic changes. Not only were the statutory provisions changed, but the attitude of soviet jurists to the very institution of devolution of property on death has presented a constantly changing picture.
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Michigan Law Review
Wills. Neither the Civil Code nor any other statute sets forth any specific requirements for capacity to make a will. Therefore, the soviet jurists deem any person who is generally competent to enter into legal transactions (Civil Code, Section 8) capable of making a will. Thus, minors under the age of eighteen years and persons adjudged unable to manage their affairs because of mental disease or weak-mindedness do not have testamentary capacity. Likewise, a will executed by a testator while "in a state of mind which precluded his understanding the significance of his acts," has no validity (id., Section 3r).
International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization
Michigan Law Review
The Moscow Fire Insurance Company, the Northern Insurance Company of Moscow, and the First Russian Insurance Company were incorporated in Russia under the Czarist regime, and given authority to do business in New York. Deposits were made in New York for the benefit of policy holders and creditors in this country. Subsequent to the revolution in Russia and the Soviet decrees nationalizing all Russian corporations and confiscating without compensation such corporations' assets in Russia and abroad, these deposits were turned over to the New York State Insurance Commissioner for liquidation. Large sums remained after domestic claims were satisfied and the …
Criminal Law In Russia, Pendelton Howard
Criminal Law In Russia, Pendelton Howard
Michigan Law Review
A Review of SOVIET ADMINISTRATION OF CRIMINAL LAW. By Judah Zelitch.
The Recognition Of Russia, Edwin D. Dickinson
The Recognition Of Russia, Edwin D. Dickinson
Michigan Law Review
Revolution in Russia culminated, on March 15, 1917, in the abdication of the Romanoffs and the establishment of the Provisional Government. In November, 1917, the Provisional Government was overthrown by the Bolsheviki and the Russian Socialist Federated Soviet Republic was proclaimed. Thus in nine turbulent months authority in Russia passed from the autocracy of the Czars, through the ineffective hands of the moderates, to extreme radicals frankly committed to communism and the dictatorship of the proletariat.