AuthorTitleCitationSummaryYearKey Terms
  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  
Simeon E. Baldwin, Professor of Law, Yale University The Vesting of Sovereignty in a League of Nations 28 Yale Law Journal 209 (January, 1919) The general movement in human society is from the simple to the complex. The family, expanding into the tribe, is the first political unit, and the will of the patriarch is its rule of conduct. Gradually the operation of that will becomes in some measure limited. Several tribes come to constitute a nation. The nation, as civilization advances,... 1919  
  Aliens-declarant's Liability to Military Service-conflict of Statute and Treaty 28 Yale Law Journal 83 (November, 1918) The petitioner, a native of Spain, who had declared his intention of becoming a citizen of the United States, was arrested off the coast of Mexico, while returning to Spain, charged with evading the Selective Draft Act. He sued out a writ of habeas corpus on the ground that the treaty of 1903 between the United States and Spain exempted him from... 1918  
Roscoe Pound The Principles of Muhammadan Jurisprudence According to the Hanafi, Malavi, Shafi'i and Hanbali Schools 29 Harvard Law Review 348 (January, 1916) These books on the personal law of Mohammedans and Hindus, as administered in British India, have, one need not say, no interest for the practising lawyer in this part of the world. But they contain much that cannot but be of significance to the student of the science of law who would keep abreast of the march of that science in the world of... 1916  
Theodore P. Ion, Boston University Law School Sanctity of Treaties 20 Yale Law Journal 268 (February, 1911) Distinguished jurists and eminent internationalists have often discussed the question of the true meaning of the sanctity or inviolability of treaties, without being able to come to a definite understanding, their ideas having not yet crystalized into any concrete form, giving satisfaction both to the legal science and the practical exigencies of... 1911  
Roscoe Pound, Harvard Law School The Scope and Purpose of Sociological Jurisprudence 25 Harvard Law Review 140 (December, 1911) [Continued.] A RADICAL change in jurisprudence began when the social utilitarians turned their attention from the nature of law to its purpose. On this account, the work of the leader of this group, Rudolf von Jhering (1818-1892), is quite as epoch-making as that of Savigny. A great Romanist, Jhering saw, none the less, the futility of the... 1911  
J. W. The Treaty Power under the Constitution of the United States 22 Harvard Law Review 311 (February, 1909) This stout volume covers the law of treaties under our Constitution and of cognate subjects arising therefrom. The constitutional provisions are first dealt with; then follow a consideration of the making, taking effect, and termination of treaties; of their construction; of the extent of the treaty-making power; of the legal questions relating to... 1909  
Freeman Snow, Cambridge Legal Rights under the Clayton-bulwer Treaty 3 Harvard Law Review 53 (May 15, 1889) SOON after the establishment of the independence of the Spanish-American republics, the United States, as well as several European States, were occupied with schemes for constructing a ship canal across the isthmus which connects the continents of North and South America. Among other documents of this period bearing on the subject, we may mention,... 1889  
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