Author | Title | Citation | Summary | Year | Key Terms |
Eric Stein |
Treaty-based Federalism, A.d. 1979: a Gloss on Covey T. Oliver at the Hague Academy |
127 University of Pennsylvania Law Review 897 (April, 1979) |
It is next to absurd for one not more than a few months Oliver's junior to participate in a tribute for a man who willfullywithout any apparent reason chose to retire early from teaching, an act tantamount to desertion under fire. Still, it is comforting that I am asked to praise, not to bury, a close professional associate and an even closer... |
1979 |
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Discriminatory Treatment of Nonresidents |
92 Harvard Law Review 75 (November, 1978) |
Last Term the Supreme Court decided two cases arising under the privileges and immunities clause of article IV which, read together, create a two-step test for analyzing a state's discriminatory treatment of nonresidents. In Baldwin v. Fish & Game Commission the Court reaffirmed that the clause protects only those rights and activities which are,... |
1978 |
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Martha A. Field |
The Eleventh Amendment and Other Sovereign Immunity Doctrines: Congressional Imposition of Suit upon the States |
126 University of Pennsylvania Law Review 1203 (June, 1978) |
This article is the second of a series collectively entitled The Eleventh Amendment and Other Sovereign Immunity Doctrines. The first article surveyed the historical context in which the eleventh amendment was adopted, and took the position that the Constitution does not impose the sovereign immunity doctrine; sovereign immunity is a common law... |
1978 |
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Martha A. Field |
The Eleventh Amendment and Other Sovereign Immunity Doctrines: Part One |
126 University of Pennsylvania Law Review 515 (January, 1978) |
This article is the first of a series collectively entitled The Eleventh Amendment and Other Sovereign Immunity Doctrines. The present article introduces the issues to be addressed by the series, and suggests that sovereign immunity is a common law doctrine, and is not constitutionally compelled. The second article will address congressional power... |
1978 |
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The International Human Rights Treaties: Some Problems of Policy and Interpretation |
126 University of Pennsylvania Law Review 886 (April, 1978) |
Since his inauguration, President Carter has made a most striking departure from the policies of his Republican predecessors by elevating human rights to a central position in American foreign policy. The realpolitik of the Kissinger State Department was perceived by the new President to lack a basic concern for the human side of international... |
1978 |
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Edwards v. Carter |
Transfer of the Panama Canal by Treaty Without House Approval: |
92 Harvard Law Review 524 (December, 1978) |
The proper role of Congress in implementing treaty commitments has been the subject of considerable controversy. The national debate over the transfer of the Panama Canal raised the issue once again. In Edwards v. Carter, a divided United States Court of Appeals for the District of Columbia Circuit held that a treaty may, without authorization by... |
1978 |
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Federal Regulation of Municipal Securities: Disclosure Requirements and Dual Sovereignty |
86 Yale Law Journal 919 (April, 1977) |
New York City's financial crisis in 1975 prompted investor demands for more extensive disclosure by municipal issuers. The long-standing exemption of municipal securities from federal disclosure regulation came under attack as investors, suddenly aware of New York's success in concealing its true financial condition, questioned the efficacy of... |
1977 |
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Frank I. Michelman |
States' Rights and States' Roles: Permutations of "Sovereignty" in National League of Cities v. Usery |
86 Yale Law Journal 1165 (May, 1977) |
A share of the blame for what follows belongs to Mr. Justice Brennan, whose twenty years of distinguished labor on behalf of our constitutional systemon behalf, I should say, of the men, women, and children whose rights and concerns that system servesthis journal justly celebrates. It was the Justice who, by his striking and powerful dissent in... |
1977 |
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Charles D. Siegal |
Proposals for a True Comprehensive Nuclear Test Ban Treaty |
27 Stanford Law Review 387 (January, 1975) |
On August 5, 1963, representatives of the United Kingdom, the United States, and the Soviet Union signed the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (LTB). The Treaty banned all weapon tests in the named environments, pledged the signatories to seek to achieve the discontinuance of all test explosions... |
1975 |
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Albert J. Esgain , Waldemar A. Solf |
The 1949 Geneva Convention Relative to the Treatment of Prisoners of War: its Principles, Innovations, and Deficiencies? |
1975 Military Law Review 303 (September, 1975) |
It is the purpose of this study to consider some of the fundamental principles, major innovations, and deficiencies of the Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949. It is concerned particularly with the rights and obligations which the convention imposes on the signatory states and the individuals who are... |
1975 |
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Robert D. Daniel |
Administrative Law |
52 Texas Law Review 1210 (August, 1974) |
The Federal Highway Administrator ordered discontinuance of contract authorizations on federally assisted highway projects in Madison County, Illinois, because of the area's lack of equal employment opportunity. Plaintiffs challenged the legality of the funding suspension, alleging that the Administrator had failed to comply with required... |
1974 |
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Alexander Morgan Capron |
Informed Consent in Catastrophic Disease Research and Treatment |
123 University of Pennsylvania Law Review 340 (December, 1974) |
L2-5,T5Introduction: The Artificial Heart 341 I. L2-5,T5Catastrophic Disease Research and Treatment 350 A. L3-5,T5The Nature of Catastrophic Disease 350 B. L3-5,T5Major Participants Besides the Patient-Subject 353 II. L2-5,T5A Functional Approach to Informed Consent 364 A. L3-5,T5The Functions of Informed Consent 364 1. L4-5,T5To Promote Individual... |
1974 |
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A. Leon Higginbotham, Jr. |
Race, Racism and American Law |
122 University of Pennsylvania Law Review 1044 (April, 1974) |
[Can] American justice, American liberty, American civilization, American law, and American Christianity . be made to include and protect alike and forever all American citizens in the rights which have been guaranteed to them by the organic and fundamental laws of the land? Almost a century ago the distinguished abolitionist and statesman... |
1974 |
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Lieutenant C. William Reamer, JAGC, USNR |
Matthews v. United States |
27 JAG Journal 283 (Spring, 1973) |
in what is the first appellate decision on the question, the United States Court of Appeals for the Fifth Circuit has held in Matthews v. United States that redress under the Federal Tort Claims Act for damages allegedly suffered as the result of negligent counseling by military legal assistance attorneys is not necessarily barred by the... |
1973 |
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Wyatt v. Stickney and the Right of Civilly Committed Mental Patients to Adequate Treatment |
86 Harvard Law Review 1282 (May, 1973) |
In Wyatt v. Stickney, the District Court for the Middle District of Alabama took the most extensive action to date in defining and enforcing the constitutional right of civilly committed mental patients to receive adequate treatment. Wyatt was a class action brought on behalf of patients in Alabama's three state institutions for the mentally... |
1973 |
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David C. Loring |
The United States-peruvian "Fisheries" Dispute |
23 Stanford Law Review 391 (February, 1971) |
For more than twenty years, the United States and Peru have disputed Peru's exercise of jurisdiction over fishing vessels within 200 miles of its coast. The controversy goes to the heart of the international order. The United States, whose global entanglements commit it to establishing a body of customary international law binding on all states and... |
1971 |
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Lieutenant John C. Novogrod JAGC, USNR |
Collective Security under the Rio Treaty: the Problem of Indirect Aggression |
24 JAG Journal 99 (December, 1969-January, 1970) |
The collective security system currently obtaining in the Western Hemisphere was established by the Rio Treaty in 1947. Since the establishment of that system, new and insidious methods of indirect aggression, typified by guerrilla warfare initiated or supported by foreign governments, have come to plague the Americas. Lieutenant Novogrod subjects... |
1970 |
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Edgar S. Jean Camper Cahn |
The New Sovereign Immunity |
81 Harvard Law Review 929 (March, 1968) |
The federal government is engaged in the administration of massive programs intended to eradicate poverty, or at least to attack it in its most rudimentary aspects and alleviate its most shocking manifestations. Dr. and Mrs. Cahn disclose the threat to the success of this worthy venture which is posed by entrusting its conduct to the hands of... |
1968 |
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Mason Willrich |
The Treaty on Non-proliferation of Nuclear Weapons: Nuclear Technology Confronts World Politics |
77 Yale Law Journal 1447 (July, 1968) |
I ask you to stop and think for a moment what it would mean to have nuclear weapons in so many hands, in the hands of countries large and small, stable and unstable, responsible and irresponsible, scattered throughout the world. President John F. Kennedy From the dawn of the nuclear era, the problem of nuclear weapons proliferation has confronted... |
1968 |
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Lt Colonel Vincent A. Jordan |
Creation of Customary International Law by Way of Treaty |
9 Air Force Law Review 38 (September-October, 1967) |
One of the most significant developments in international law during the twentieth century is the tremendous growth in the number of treaties. Whereas in the nineteenth century, greater reliance was placed on customary rather than conventional international law, as determined by publicists and the adjudications of international tribunals, the... |
1967 |
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Revolutions, Treaties, and State Succession |
76 Yale Law Journal 1669 (July, 1967) |
International law does not generally count revolutions among those events that justify termination of existing treaty rights and obligations. This view is saidin the few instances when the question is squarely facedto derive from the need for state continuity in international affairs and from the general irrelevance of changes in government to... |
1967 |
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Luke T. Lee |
Treaty Relations of the People's Republic of China: a Study of Compliance |
116 University of Pennsylvania Law Review 244 (December, 1967) |
By their fruits ye shall know them. Matthew 7:20 The attitudes of the People's Republic of China (PRC) towards international law have been the object of several inquiries in recent years. Valuable as these studies are in providing information on the background and theories of Chinese international law, no systematic analysis of China's actual... |
1967 |
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Fritz W. Scharpf |
Judicial Review and the Political Question: a Functional Analysis |
75 Yale Law Journal 517 (March, 1966) |
In recent years, the Supreme Court's use of the political question doctrine has come to be regarded as a touchstone for the validity of competing theories of judicial review. The issue is joined on whether the doctrine is, or can be, employed as a discretionary technique for avoiding questions of law on which the decision of cases properly before... |
1966 |
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Liberty and Required Mental Health Treatment |
114 University of Pennsylvania Law Review 1067 (May, 1966) |
There are driving forces in man which seek satisfaction. Often these internal drives are conflicting. Man is faced with additional conflict because of the demands made upon him by his surroundings. To reconcile these conflicts he has a mental balancing mechanism. Working at both an unconscious and a conscious level, this psycho-dynamic mechanism... |
1966 |
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Anthony G. Amsterdam |
Criminal Prosecutions Affecting Federally Guaranteed Civil Rights: Federal Removal and Habeas Corpus Jurisdiction to Abort State Court Trial |
113 University of Pennsylvania Law Review 793 (April, 1965) |
It is no hyperbole to say that the critical issues of human liberty in this country today are not issues of rights, but of remedies. The American citizen has had a right to a desegregated school since 1954 and to a desegregated jury since 1879, but schools and juries throughout vast areas of the country remain segregated. The American citizen has a... |
1965 |
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Public Contracts--united States Is Not Liable for "Sovereign Acts" That Burden the Performance of a Government Contract |
78 Harvard Law Review 1491 (May, 1965) |
Air Terminal Services operated parking lots at an airport owned by the United States. Air Terminal had not been informed when its parking concession was negotiated that airport authorities were considering plans to reduce traffic congestion in front of the airport terminal. Pursuant to these plans, the authorities installed 122 metered parking... |
1965 |
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Nathaniel L. Nathanson |
The Sovereign Prerogative: the Supreme Court and the Quest for Law |
77 Harvard Law Review 1361 (May, 1964) |
The recurrent theme of these collected occasional papers of Dean Rostow is that the Supreme Court of the United States should not be hesitant to exercise its sovereign prerogative of choice-- particularly its great powers of constitutional review--in defense of individual rights. In short, the Dean, in contradistinction to his younger colleague,... |
1964 |
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Edgar H. Ailes, Member of the Michigan Bar, Advisor of the Restatement (Second), Conflict of Laws |
A Treatise on the Conflict of Laws |
63 Columbia Law Review 1544 (December, 1963) |
Stimulating, provocative, and controversial are the trite adjectives which come first to mind in reading Professor Albert A. Ehrenzweig's Treatise on the Conflict of Laws, now published complete in one stout volume of 824 pages. But such words do not adequately convey the importance and permanent value of Professor Ehrenzweig's contribution. He is... |
1963 |
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District Court Has No Jurisdiction over Negligence Action by the United States Against a State Absent State's Waiver of Sovereign Immunity |
111 University of Pennsylvania Law Review 1011 (May, 1963) |
The United States sued California in a federal district court for damages allegedly resulting from the negligence of state employees in starting and failing to extinguish a fire in a national forest. It claimed the court had jurisdiction under 28 U.S.C. § 1345, which grants the district courts jurisdiction in all actions in which the United States... |
1963 |
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Rear Admiral Robert D. Powers, Jr., USN, DEPUTY AND ASSISTANT JUDGE ADVOCATE GENERAL |
Insurgency and the Law of Nations |
16 JAG Journal 55 (May, 1962) |
INSURGENCY IS A twilight zone in international law, in which certain rights and duties of independent states or recognized belligerents attach to an organized resistance movement which has as its goal either the reformation of the existing government by force or the creation of a new state out of a portion of the old. Yet customarily insurgents... |
1962 |
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Captain George D. Schrader |
National Sovereignty in Space |
17 Military Law Review 41 (July, 1962) |
Prior to the launching of the first lunar probe by the United States, President Eisenhower received a cable from a private citizen in one of the British dominions. The sender informed the President that he had properly filed claim to a certain area of the moon and intended to hold the United States responsible for any damage to his property caused... |
1962 |
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Clark Byse |
Proposed Reforms in Federal "Nonstatutory" Judicial Review: Sovereign Immunity, Indispensable Parties, Mandamus |
75 Harvard Law Review 1479 (6/1/1962) |
After demonstrating the ways in which the doctrines of sovereign immunity and indispensable parties, and the unavailability of original mandamus relief outside the District of Columbia make nonstatutory review of federal administrative action frequently inconvenient or impossible without regard to those considerations of policy that should... |
1962 |
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David R. Levett |
Treatment of Monetary Fringe Benefits and Post Termination Survival of the Right to Job Security |
72 Yale Law Journal 162 (November, 1962) |
Perhaps prompted by a misdirected quest for security, most collective bargaining agreements provide for two basic categories of benefits that are based on seniority status: monetary fringe benefits, including the right to vacation, severance, and pension pay, and job security benefits, which primarily concern the right to be laid off in reverse... |
1962 |
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National Sovereignty of Outer Space |
74 Harvard Law Review 1154 (April, 1961) |
Technological progress has created a new arena of international politics, loosely termed space. It is already apparent that the present world power struggle will be projected into this arena within the immediate future. The development of satellites for military purposes and the exploration of possibly strategic extraterrestrial bodies are... |
1961 |
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Professor Andrew Gyorgy , THE GRADUATE SCHOOL, BOSTON UNIVERSITY |
Nationalism as a Factor in International Relations |
15 JAG Journal 63 (June, 1961) |
THE AGE-OLD POLITICAL phenomenon of nationalism defies any attempt to be compressed into a concise and meaningful brief definition. Instead of a single interpretive statement, one must approach it through the medium of multiple choice definitions relying on the distinction of long-term vis-à-vis short-term perspectives. THE LONG-TERM view... |
1961 |
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Herbert Wechsler , William Kenneth Jones , Harold L. Korn |
The Treatment of Inchoate Crimes in the Model Penal Code of the American Law Institute: Attempt, Solicitation, and Conspiracy |
61 Columbia Law Review 571 (April, 1961) |
Article 5 of the Model Penal Code of the American Law Institute deals with attempt, solicitation and conspiracy to commit crimes. The formulations embody a systematic treatment of these offenses, which have in common that the conduct they make criminal is designed to culminate in the commission of a substantive offense but either has failed to do... |
1961 |
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E. S. Levin |
Treaty-making Power. By Hans Blix. London: Stevens & Sons; New York: Frederick A. Praeger. 1960. Xviii + 412 Pages. $16.00 |
14 Stanford Law Review 222 (December, 1961) |
In his most recent work, Professor Blix, a native of Sweden, educated there, at Cambridge and Columbia, examines with a critical eye the views of scholars and writers who have commented on the questions he considers, in addition to analyzing the relevant judicial decisions. He has endeavored to throw new light on these by detailed examination of... |
1961 |
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Major James W. Hunt |
The Federal Tort Claims Act: Sovereign Liability Today |
8 Military Law Review Rev. 1 (April, 1960) |
The projected impact of the Federal Tort Claims Act is not measurable in terms of its historical application. To determine the impact of a federal law, one need look no farther than today's newspaper headlines to be aware that its effect is determined, not so much by the specific language of its provisions, or even by the intent of Congress in... |
1960 |
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James H. Daffer |
The Effect of Federal Treaties on State Workmen's Compensation Laws |
107 University of Pennsylvania Law Review 363 (January, 1959) |
Thirty-one American jurisdictions discriminate against nonresident alien dependents in their workmen's compensation laws. Yet the federal government has apparently obligated itself by treaty to assure nondiscriminatory treatment for nationals of contracting countries. While it seems clear under the supremacy clause of the federal constitution that... |
1959 |
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Glen E. Taylor |
International Law-treaties-reservation Relating to Purely Domestic Matters Is Not Part of the Treaty.-power Authority of New York v. Fpc, 247 F.2d 538 (D.c. Cir. 1957) |
36 Texas Law Review 519 (April, 1958) |
The New York State Power Authority brought proceedings to review the Federal Power Commission's dismissal of the Authority's application for a license to construct a power project to utilize all of the Niagara River water made available for American exploitation under a treaty between Canada and the United States. The Commission dismissed the... |
1958 |
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Government Contracts: the Defense of Sovereign Acts |
8 Stanford Law Review 284 (March, 1956) |
Contracts--Sovereign Acts as a Defense--United States Government.--Plaintiff purchased a former troopship from the Maritime Commission. The Government's invitation for bids had stated that the Commission would consent to the transfer of the vessel to foreign registry. As the result of British advices, the State Department feared that the ship... |
1956 |
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Louis Henkin |
The Treaty Makers and the Law Makers: the Niagara Reservation |
56 Columbia Law Review 1151 (December, 1956) |
Few are disposed, at this date in the history of the Constitution, to urge that a difficult constitutional issue might be decided as an abstract hypothetical question disengaged from facts and events. Yet many must, at some time, have indulged the wish that some ambiguity or silence in the Constitution might be fathomed free from the interests in... |
1956 |
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Sovereign Immunity and Specific Relief Against Federal Officers |
55 Columbia Law Review 73 (January, 1955) |
Since the passage of the first Court of Claims Act one hundred years ago, the doctrine of sovereign immunity, which prevents suits against the state, has been greatly limited. The United States has, for example, consented by statute to damage suits in various areas. The judicial attitude, perhaps reflecting congressional policy, has tended to be... |
1955 |
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Robert L. Blumenthal, S. David Harrison |
The Tax Treatment of the Lease with an Option to Purchase |
32 Texas Law Review 839 (October, 1954) |
The lease with an option to purchase, although it clearly defines the legal relationships and obligations as between the parties themselves, is a very difficult instrument to classify. The need for such classification usually arises when third parties become interested in the transaction since their rights are determined by a decision to treat the... |
1954 |
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Tax Treatment of "Lessors" and "Lessees" under Lease-purchase Agreements |
62 Yale Law Journal 273 (January, 1953) |
The Internal Revenue Code treats differently business rental payments and payments made pursuant to a purchase of depreciable business property. The lessee may deduct rent as a business expense under Section 23(a)(1)(A). But this section forbids deduction when the taxpayer is taking title or has an equity in the property. Instead, he usually... |
1953 |
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Jerome Frank |
A Comprehensive Treatise on the Rules of Contract Law. By Arthur Linton Corbin. St. Paul: West Publishing Company, 1950. 8 Volumes. $100.00. Volume Three, Part Iii: Interpretation--parol Evidence--mistake §§ 532-621 |
61 Yale Law Journal 1108 (June-July, 1952) |
Patient genius made this book. A first class legal education could rest largely on Corbin's 95 page discussion of the so-called parol evidence rule. His Part III alone entitles him to lasting fame. Press of work prevents my doing it justice at this time, and I shall therefore limit myself here to sketching a few impressionistic responses. Corbin,... |
1952 |
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Philip B. Perlman |
On Amending the Treaty Power |
52 Columbia Law Review 825 (November, 1952) |
Last July, near the close of the Eighty-second Congress, a subcommittee of the Senate Committee on the Judiciary held extensive hearings on three proposals to alter the treaty power under the Constitution. While the Judiciary Committee has filed no report, it is likely that similar proposals will be seriously pressed at the next Congress. Senate... |
1952 |
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Arthur E. Sutherland, Jr. |
Restricting the Treaty Power |
65 Harvard Law Review 1305 (June, 1952) |
TODAY, as in 1789, many people in the United States see possible danger in the Government's power to enter into agreements with foreign nations. On February 26, 1952, the House of Delegates of the American Bar Association resolved to recommend to the Congress a constitutional amendment restricting the making of treaties. The Journal of that... |
1952 |
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Apportionment of the House of Representatives |
58 Yale Law Journal 1360 (July, 1949) |
Nothing can be more fallacious than to found our political calculations on arithmetical principles. The Federalist, No. 55. In 1950 a census will be made of the United States. On the basis of that census the House of Representatives must be reapportioned, in order that each state may have the number of seats in the House to which the latest... |
1949 |
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Tom C. Clark |
National Sovereignty and Dominion over Lands Underlying the Ocean |
27 Texas Law Review 140 (December, 1948) |
In the April issue of this Review there appeared an article devoted to a consideration of the problem whether the resources of the continental shelf adjacent to the shores of the United States should belong to and be under the control of the United States or of the respective coastal states. The position taken in that article supports state rather... |
1948 |
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