International Law Commons^™

The Alien's Access To Local Remedies: The African Commonwealth Countries' Experience, Ivan L. Head

Vanderbilt Law Review

Of the 27 members of the Commonwealth of Nations, 11 are located on the continent of Africa. They range in size from Nigeria, with an area of 356,000 square miles and a population of 60 million, to The Gambia, with an area of 4,000 square miles and a population of 350,000 persons. Prior to 1957 all of the 11 States were colonies of the British crown. In little more than a decade they have all gained political independence-one hundred and six million people residing in autonomous communities which are, in the words of the 1926 Balfour Declaration, "equal in status, …

International Law, National Tribunals And The Rights Of Aliens: The West European Experience, Peter E. Herzog

Vanderbilt Law Review

The local remedies rule is usually considered a device to accommodate the legitimate desire of states to preserve their own sovereignty with the equally legitimate desire of states to protect their nationals who have suffered injury abroad. It is obvious that the adequacy of the rule in serving the second of these ends will depend on the nature and quality of the local remedies available. In turn, the effectiveness of local remedies in protecting the rights of aliens will depend on a variety of factors. Most importantly, there is the adequacy of the substantive legal rights in the fields of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Unincorporated Divisions of a Corporation May Be Separate Entities for Purposes of Antitrust Laws

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Constitutional Law--One-Year Residence Requirement as Condition of Eligibility for State Welfare Aid Held Unconstitutional

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International Law--Sovereign Immunity and Act of State--Hickenlooper Amendment Precludes Assertion of Act of State Where Act Is Violative of International Law

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Products Liability--Lender Held Liable for Gross Defects in Housing Development It Had Financed

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Taxation--Constructive Ownership Rules Automatically Applied to Section 302(b) (1)Dividend Equivalency Test

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Taxation--IRS Rules Organization Which Discriminates on Basis of Race Not Charitable

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antitrust, constitutional law, international law, products liability, taxation

Headnotes, Journal Editor

Vanderbilt Journal of Transnational Law

This issue marks the close of the first year for the Vanderbilt International. What it will become in the future is anyone's guess with General Hershey threatening a drastic reduction in the number of law students next year. In the long run, however, the publication can probably fill a very useful role as either an interdisciplinary magazine with a legal bias or as a law journal with an interdisciplinary bent. The former goal has been, by choice and necessity, the object of this year's Editors. Next year's staff will do as they like.

Regardless of emphasis, however, the increasing importance …

Case Comments, Journal Staff

Vanderbilt Journal of Transnational Law

Sovereign Immunity and Act of State -- A Foreign Sovereign instituting Suit in a United States Court waives Immunity to a Set-off arising from an Act of that Sovereign

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International Law--Nuremburg Doctrine invoked in Domestic Court-Martial

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates

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International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment

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Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions

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Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA

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Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations

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Labor Law--Employer's Duty To Bargain When Authorization Cards Are …

Book Reviews, Harold G. Maier

Vanderbilt Law Review

The Enforcement of International Judicial Decisions Arbitral Awards in Public International Law By E.K. Nantwi Leyden, Netherlands: A.W. Sijthoff, N.V., 1966. Pp. xv 209.

Harold G. Maier

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Legal Papers of John Adams Edited by L. Kinvin Wroth and Hiller B. Zobel Cambridge: The Belknap Press of Harvard University Press, 1965. Vol. 1, pp. cxliv, 334. Vol. 2, pp. x, 441. Vol.3, pp. viii, 434. $30.00 the set

Frederick Bernays Wiener

The Sabbatino Case And The Sabbatino Amendment: Comedy--Or Tragedy--Of Errors, William H. Reeves

Vanderbilt Law Review

The issues and decisions in the Sabbatino litigation and the significant concepts of the Sabbatino legislation are here reviewed and considered in five parts. Part I discusses the mistaken beliefs of the Congress as to the reasons for proposing and enacting the Sabbatino Amendment. Part II then examines the relations between Cuba and the United States, explaining how Cuba's insult made possible the judicial errors in the Sabbatino decisions, which were reversed by the Supreme Court, and also prompted the subsequent Sabbatino legislation. In Part III, proof will be given of congressional misinterpretations of foreign law and foreign court decisions …

The End Of Empire, Fred D. Schneider

Vanderbilt Journal of Transnational Law

Within the space of a generation, the British Empire has disintegrated in a way that appears extraordinary, even in retrospect. "How marvelous it all is," Lord Rosebery exclaimed at the end of the nineteenth century. If marvelous in its growth, the Empire has been no less significant in the manner of its passing.

The decline of great empires exerts a peculiar fascination over the mind of the historian; indeed, more has been written about the fall of Rome than about the death of any other political entity. Diverse and contradictory theories are advanced to explain a complex historical phenomenon, and …

Book Reviews, R. T. D., W. G. C., J. J. R., Iii, A. W. R.

Vanderbilt Journal of Transnational Law

VIETNAM AND INTERNATIONAL LAW: An analysis of the Legality of the U. S. Military Involvement by the Consultative Council of the Lawyers Committee On American Policy Towards Vietnam. O'Hare 1967.

R.T.D.

BEYOND VIETNAM: The United States and Asia. Edwin 0.Reischauer 242 pages. Knopf (Paperback: Vintage $1.65) 1967.

W.G.C.

ON TRIAL: THE SOVIET STATE VERSUS "ABRAM TERTZ" AND "NIKOLAIARZHAK", Translated, edited, and with an introduction by Max Hayward, 1-83 pages with index, Harper and Row (paperback),.$1o95o

J.J.R., III

CHINA AFTER MAO. by A. Doak Barnett. With selected documents..287 pages Princeton, N. J.: Princeton University Press 1967.

A.W.R.

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 …

Lunar Reflections -- On The Jessup Cup, M. Elizabeth Culbreth

Vanderbilt Journal of Transnational Law

A hit from some years ago -- "The moon belongs to every-one" -- came to have special significance for a group of Vanderbilt Law students during the spring of 1967. For the members of the Vanderbilt International Moot Court Team under the guidance of their faculty advisor, Professor Harold Maier, researching, understanding and articulating the international legal arguments on both sides of that musical thesis became the sport of the day. Happily, their endeavors were rewarded on April 29, when Vanderbilt won the National Championship by defeating the team from Harvard Law School in the final round of the fifth …

From The Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

From the Reviews

bibliography of writings on international law:

World Military Confrontations / Law, Policy and War / Law and the Maintenance of Peace

International Trade and Finance

European Economic Community

International Organizations

Conflicts

Private International Law

Judicial Notice Of Foreign Law, Jerome J. Krasa

Vanderbilt Law Review

A fundamental cleavage exists between the two methods of viewing judicial notice. Both views must be understood before the doctrine of judicial notice can be said to have a real meaning applicable to the whole variety of legal problems which arise today. This understanding must be achieved before many of the seeming inconsistencies in what has been written about the doctrine can be clarified. Finally, this basic understanding must be had if any comprehension of the operation of judicial notice in any specific field of law is possible.

Developments In Space Law, Albert Gore

Vanderbilt Law Review

A democratic society could not long endure without the voluntary support of its citizens of application of legal proceedings for settlement of disputes. Perhaps few take the time to consider the extent to which our daily lives are affected by the judicial machinery which a free people have established. Here I refer not merely to the deterrent effect of criminal laws by which we deal with offenses against society. I refer also to our system for the legal settlement of controversies arising between individuals. After all, without our courts and our lawyers, questions involving tort and breach of contract would …

United Nations General Assembly--A Captive Of Its Own Procedures, Erle Cocke Jr.

Vanderbilt Law Review

The work of the Assembly is hindered by its tedious parliamentary procedures. Its procedures should be expedited. A thorough review of these procedures and practices has been had only twice. Consideration of the procedures of the Main Committees where most of the work is done has not been had since the Fourth Session of the United Nations General Assembly. The laggard work of the Assembly increases the cost, places a great burden on the Foreign Offices of member Nations, and hinders the Assembly's efficiently discharging its functions. These functions have grown far beyond those originally intended, and the membership of …

Antitrust Laws And The Territorial Principle, G. H. Haight

Vanderbilt Law Review

During the past few years there has been extensive discussion regarding the extraterritorial application of antitrust laws and some attempts have been made to consider the matter in the context of public international law principles.' Notwithstanding objections raised by foreign governments to court orders and subpoenas directed to foreign corporations in relation to their activities abroad, some commentators still appear to consider that there are few, if any, limitations imposed by law upon such assertions of penal power. This position requires reexamination, and in undertaking a review it will be relevant to consider the nature and effect of new antitrust …

Book Reviews, Ferdinand F. Stone, Reginald Parker (Reviewer)

Vanderbilt Law Review

Governmental Liability By H. Street New York: Cambridge University Press, 1953. Pp. 221. $5.00.

reviewer: Ferdinand F. Stone

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Roman Law and Common Law: A Comparison in Outline, Second Ed. By W. W. Buckland and Arnold D. McNair. Revised by F. H. Lawson New York: Cambridge University Press, 1952.Pp. xii, 439. $7.00.

reviewer: Reginald Parker

Books Received, Law Review Staff

Vanderbilt Law Review

Books Received

Availability for Work

By Ralph Altman

Cambridge: Harvard University Press, 1950. Pp. 350. $4.50

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Comparative Law, Cases and Materials

Rudolf B. Schlesinger

Brooklyn:The Foundation Press, Inc., 1950. Pp. 552. $7.50

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Federal Jurisdiction and Procedure, Cases

By Ray Forrester

St. Paul:West Publishing Company, 1950. Pp. 990. $8.50.

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Financial History of Tennessee Since 1870

By James E. Thorogood

State of Tennessee: Department of Finance and Taxation, 1950. Pp. 245.

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International Law, Cases and Materials

By Edwin D. Dickinson

Brooklyn: The Foundation Press, Inc., 1950. Pp. 740. $8.00

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Primer of Procedure

By Delmar Karlen Madison:

Campus …