AuthorTitleCitationSummaryYearKey Terms
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  
  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  
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  
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  
  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  
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  
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  
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  
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  
  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  
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  
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  
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  
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  
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  
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  
  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  
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  
  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  
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  
  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  
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  
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  
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  
  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  
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  
  Ii. The Instruments of International Agreement Used in American Diplomatic Practice 54 Yale Law Journal 195 (March, 1945) Much of the misunderstanding that prevails in the contemporary discussion of treaties and executive agreements is caused by simple verbal confusion that obscures the relevant facts and policies. Writers and speakers too often attempt, on the one hand, to make distinctions between allegedly different kinds of international agreements by using... 1945  
  Iv. The Interchangeable Use of Executive Agreements and Treaties in the Conduct of Our Foreign Affairs 54 Yale Law Journal 261 (March, 1945) To ascertain the full extent to which Congressional-Executive and Presidential agreements have become interchangeable with the treaty it is necessary to look, not at the vague evaluative judgments of secondary writers, but at the actual record of how these instruments have been used in our diplomatic practice. It is this record that completely... 1945  
Myres S. McDougal , Asher Lans Treaties and Congressional-executive or Presidential Agreements: Interchangeable Instruments of National Policy: Ii 54 Yale Law Journal 534 (June, 1945) The existence under our Constitution of the variety of interchangeable techniques, described in the previous Sections of this article, for perfecting international agreements has obviously served the nation well in the past. It may in the future, if the facts of variety and inter-changeability are fully recognized and acted upon by the public and... 1945  
Edwin Borchard Treaties and Executive Agreements-a Reply 54 Yale Law Journal 616 (June, 1945) The authors of the articles under reply, Messrs. McDougal and Lans, have, like McClure, essayed to show that the treaty and the executive agreement are interchangeable, and, since executive agreements are simpler to conclude, they advocate disregarding as obsolete the treaty-making power, requiring, as it does, the consent of two-thirds of the... 1945  
  Vi. The Identical Legal Consequences of Treaties and Executive Agreements 54 Yale Law Journal 307 (March, 1945) Comparison of the consequences of effecting international arrangements by treaties on the one hand or by executive agreements on the other has frequently been characterized by abstract theorizing and a curious obliviousness to the realities of diplomatic practice. Emphasis has been placed upon the unsubstantiated remarks of scholars or statesmen as... 1945  
John Day Larkin Treaties and Constitutional Law: Property Interferences and Due Process of Law 56 Harvard Law Review 158 (September, 1942) In this interesting historical study which, incidentally, is a triumph of the case method the distinction is constantly drawn between the power to make treaties and the power to enforce them as a part of the domestic law. It is admitted that the Federal Government's power to make a treaty to accomplish an international end is limited only by... 1942  
Arthur Nussbaum, Columbia University School of Law Treaties on Commercial Arbitration - a Test of International Private-law Legislation 56 Harvard Law Review 219 (October, 1942) DURING the last few decades, commercial arbitration has become a favorite subject of discussion and organizational activity in the business world as well as in the legal profession. This generation has witnessed a tremendous rise of commercial arbitration, especially in highly industrialized countries such as the United States, England, Germany,... 1942  
Myres S. McDougal A Treatise on Mortgages. By Willam F. Walsh. Chicago: Callaghan. 1934 Pp. Xlv, 376 44 Yale Law Journal 1278 (May, 1935) This is a handbook on the legal doctrine about some of the more important real estate mortgage problems. The structure of the book is that of the orthodox law school course. There are fifteen chapters which range, after a prologue on the history of mortgage theory, through equitable mortgages, interests that may be mortgaged, the mortgage debt,... 1935  
  Considerations Determining Necessary and Proper Parties in State Court Equity Practice 48 Harvard Law Review 995 (April, 1935) The chancellors, working with a flexible procedure towards an ideal of complete justice, early felt, as Story phrased it, that all persons materially interested, either legally or beneficially, in the subject-matter of a suit, are to be made parties to it, either as plaintiffs or as defendants, however numerous they may be, so that there may be a... 1935  
  Constitutional Law - Legislative Powers: Bankruptcy - Public Debtor Relief as Invasion of State Sovereignty 48 Harvard Law Review 1435 (June, 1935) An irrigation district filed a petition for readjustment of its outstanding bonds under §§ 78-80 of the Bankruptcy Act. 48 Stat. 798-803, 11 U. S. C A. §§ 301-03 (1934). The state's consent to this action was apparently not procured. At the hearing more than 5 per cent of the holders of the petitioner's outstanding bonds filed an intervention and... 1935  
H. Lauterpacht, The London School of Economics and Political Science, University of London Some Observations on Preparatory Work in the Interpretation of Treaties 48 Harvard Law Review 549 (February, 1935) THE question of preparatory work in the interpretation of treaties has confronted international judicial agencies from the very inception of modern international arbitration. It has occupied them probably in the majority of cases in which they have been called upon to interpret disputed provisions of treaties. It has constituted a constant feature... 1935  
John Fischer Williams Treaties and Other International Acts of the United States of America 46 Harvard Law Review 879 (March, 1933) The importance of this publication will be apparent to every historian and international lawyer. When it is completed, there will be available to the student in a readily accessible form an exact reprint verbatim et literatim of all treaties and other international acts of the United States. The first volume, as printed at present, is in... 1933  
Walther Hug, Harvard Law School The History of Comparative Law 45 Harvard Law Review 1027 (April, 1932) COMPARATIVE law, as Professor Wigmore has said, is a convenient but loose term. It serves to embrace all those studies which, characteristically, do not confine their attention to domestic law. These, however, vary in purpose and method. All of them are not really comparative, even today; there is still a tendency to comprehend the mere study of... 1932  
Joseph H. Beale, John E. Laughlin, Jr., Randolph H. Guthrie, Daniel M. Sandomire, Harvard Law School Marriage and the Domicil 44 Harvard Law Review 501 (February, 1931) CAESAR had his Brutus, Charles the First his Cromwell, and with us the steps of marriage are dogged insistently by the law of the domicils of the parties to it. Here we seem to hear the voice of a friend saying, There is no such thing as domicil; it is a mere conception. There is no such thing as marriage; it is an abstraction. There is no such... 1931  
  The Present Status of the Doctrine of Intergovernmental Relations 44 Harvard Law Review 829 (March, 1931) The recent decision in Educational Films Corp. v. Ward has apparently gone far to incorporate the law of torts into constitutional interpretation. An indirect intentional statutory invasion of the sanctity of governmental instrumentalities seems now void even without proof of resulting harm, while an indirect unintentional invasion is void only... 1931  
Max Radin The Intermittent Sovereign 39 Yale Law Journal 514 (February, 1930) It is impossible to escape from Austin, or rather from Aristotle, for the whole history of Western civilization is saturated with the concept of the state or community as composed of one part which gives commands and another which obeys them. Few people have held that all states were in fact so organized or that the existing states were developed... 1930  
W. S. Holdsworth, All Souls College, Oxford Blackstone's Treatment of Equity 43 Harvard Law Review Rev. 1 (November, 1929) BLACKSTONE'S Commentaries were published between the years 1765 and 1769. Ever since the Restoration, during the whole of the eighteenth century, and especially during the long chancellorship of Lord Hardwicke (1737-1756), the process of transforming equity into a regular system of settled principles and rules had been proceeding; and that process... 1929  
  Our Treaties of Peace with the Central Powers 40 Harvard Law Review 752 (March, 1927) The Treaty of Berlin, restoring friendly relations with Germany, is a skeleton structure. It confirmed the state of peace, but did not set forth the details of a peace settlement. Instead, it secured to the United States the rights and advantages she claimed in the Congressional Peace Resolution and those she would have obtained under certain Parts... 1927  
Edgar Turlington Treaty Relations with Turkey 35 Yale Law Journal 326 (January, 1926) The treaty of general relations concluded at Lausanne, August 6, 1923, is designed, according to its preamble, to re-establish the consular and commercial relations of the Contracting Parties, and to regulate the conditions of the intercourse and residence of the nationals of each of them on the territory of the other in accordance with principles... 1926  
E. M. Morgan, Yale University School of Law A Treatise on the Anglo-american System of Evidence in Trials at Common Law, Including the Statutes and Judicial Decisions of All Jurisdictions of the United States and Canada. By John Henry Wigmore. In Five Volumes. Boston, Little, Brown & Company, 1923. 33 Yale Law Journal 336 (January, 1924) The publication of the first edition of this epoch-making work in 1904-1905 put at the disposal of the legal profession the most exhaustive, scientific and scholarly treatise ever written upon the subject of evidence. It is no cyclopaedic text-book with a jumble of conflicting statements, supported by bare citation of cases. On the contrary, each... 1924  
M. O. H. A Treatise on International Law, with an Introductory Essay on the Definition and Nature of the Laws of Human Conduct 34 Harvard Law Review 802 (May, 1921) It was one of the wise observations of John Chipman Gray that a loose vocabulary is the fruitful mother of evils. Mr. Foulke's notable work on the law of perpetuities and future interests seems to have led him to share Mr. Gray's dissatisfaction with a jurisprudence encysted in phrases, and this treatise represents an attempt to clear away some... 1921  
William Whitwell Dewhurst, Florida Bar Does the Constitution Make the President Sole Negotiator of Treaties 30 Yale Law Journal 478 (March, 1921) When the Armistice was proclaimed, the President assumed that he had the sole power to negotiate the treaties with Germany and Austria-Hungary, with the governments of which powers Congress had declared a state of war existed. The President also assumed the power to aid in establishing new nationalities and in determining the territorial boundaries... 1921  
T. Baty, Barrister-at-Law, Inner Temple Sovereign Colonies 34 Harvard Law Review 837 (June, 1921) UNTIL a very short time ago the only answer to this question would in law have been that there is no such person. Popular language spoke of Australians, but in a way far too loose and undefined to serve as a legal conception. An Australian simply meant a person who had an intimate connection with Australia, involving some residence there at not... 1921  
Ernst Freund, University of Chicago Reservations to Treaties: Their Effect, and the Procedure in Regard Thereto 33 Harvard Law Review 874 (April, 1920) This is a careful exposition of the practice pursued by the government of the United States in agreeing to an international treaty subject to reservations. The author undertakes to show that in every case of a real reservation the reservation became part of the final act prior to or at the time when that act was legally perfected; in other words,... 1920  
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