Suchergebnisse

The Supreme Court of Tennessee has been faced with few major Constitutional Law problems during the period under consideration. Statistically, the action of the Court in invalidating one law out of almost a score that were attacked before it on the basis of constitutional defect suggests an attitude of judicial restraint toward the product of a coordinate branch of government. The relatively small number of constitutional questions raised-- and many of them were obviously make-weight rather than points of principal reliance-- suggests a general awareness of the Court's stability and the unlikelihood of its departing from established precedent. Similarly, regard for the precedent established in Plessy v. Ferguson, with its "separate but equal" doctrine, was a major factor in the decision of two federal district courts in Tennessee involving alleged deprivation of constitutional rights in the furnishing of educational and recreational facilities to Negroes. It was not a year for the expansion or contraction of doctrines of constitutionality previously established, although in one instance at least it appears that some "new law" was made.

"Sources of military law": p. 3-5. ; Mode of access: Internet.

"The Federal Tort Claims Act": p. 74-80. ; "The Administrative Procedure Act": p. 65-74. ; Includes index. ; Mode of access: Internet.

"May 3, 1962." ; At head of title: The American Law Institute. ; Includes bibliographical references. ; Mode of access: Internet.

The Statute, Its Scope and Basic Standard Section 421(k) of the Federal Tort Claims Act excludes from its coverage "any claim arising in a foreign country."' The Foreign Claims Act which was passed by the 77th Congress and amended by the 78th Congress has specific application to foreign countries, including places located therein which are under the temporary or permanent jurisdiction of the United States. Court test of the territorial scope of the Federal Tort Claims Act arose in a series of cases decided in 1948, culminating in United States v. Spelar, where the issue of possible foreign coverage was definitely ruled out. As a result of the foregoing cases, conflict of laws problems involving the domestic law of foreign nations do notarise in the administration of the statute. Of course, Alaska, the Canal Zone, the Virgin Islands, Territory of Hawaii, Puerto Rico, Guam and all island possessions of the United States fall within the coverage of the statute.

This summary is limited to cases decided in the Court of Appeals and Supreme Court of Tennessee, reported during the last year, and dealing with some phase of that body of law which embraces' Municipal Corporations, Counties, Officers, Elections and related topics fitting into the general classification of Local Government Law. No attempt has been made to consider Acts of the 1953 General Assembly which may have affected this field, as most of the legislation in this field is local in nature.

Covers time in which claims must be filed against cities, the "Metro Act," urban renewal law, the local assessment procedure, and air pollution.

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 have to be decided by fisticuffs or perhaps with guns. And so, those who follow the legal profession do not merely serve their clients. In a larger sense, they serve society as a whole. Without lawyers there could be no such thing as the rule of law, nor could we preserve our concept of a government of law as opposed to a government of men. There are many imperfections in our laws. Perhaps our legal system could also be improved in some respects. On the whole, however, it works better than any other system yet devised for the preservation of individual rights and freedom.

Includes Federal legislation. ; Includes index. ; Mode of access: Internet.

Administrative Law consists of those legal principles, whether of constitutional, statutory or common law derivation, which are generally concerned with the organization, relationships, powers and procedures of administrative agencies.' These are the agencies of government, other than the regular courts and legislatures, which can determine private rights through adjudication or affect these rights through the making of rules having the status of law. It will be noted that the definition excludes the substantive rules of law applied and developed through such agencies. Procedural in nature, it is an area of law in which the institution of judicial review of administrative action continues to be of central, though diminished, importance. Through extensive studies and the passage of the Federal Administrative Procedure Act, the systematizing of this area of law at the federal level has been greatly advanced in recent years. Few states have made similar strides, although administrative agencies at the state and local level may be even more numerous." Tennessee has not attempted any comprehensive statutory regulation such as the Model State Administrative Procedure Act. What might have been a legislative attempt at detailed coverage of the topic of judicial review, in conjunction with the adoption of the 1932 Code, has been treated as accomplishing little change in the preexisting law. In its decision of major importance in this field of law during the current survey year,the Tennessee Supreme Court invoked the Constitution to prevent from becoming effective what could have been a far-reaching statutory change in the scope of judicial review. Apart from this decision there was little development of more than routine significance during the period.

Lecture delivered at St. Luke' s Hospital under the auspices of the Malta Branch of the British Medical Association on October 18th 1961. ; The learned Association made an indulgent concession in prescribing that the lecture be delivered by one who does not belong to the medical profession. I assume this role with some trepidation. I am saying this not to be merely vocal, but, really and truly, and for a twofold reason. First of all, because I am very much afraid that if I do say anything good it will not be new, and if I say anything new it wiIl not be good. In the second place, there has been a tendency amongst humorous writers to place medicine and law at loggerheads with one another. ; N/A

The Maltese group of Islands consists of Malta and Gozo and the two small islets of Comino and Cominotto which are situated in the channel between the two main islands. The archipelago is in the central channel which connects the Eastern and Western basin of the Mediterranean Sea; the distance from Sicily is 80 Km., from Tunisia 320 Km., and from Tripoli 320 Km. The chain of islands stretches 29 miles from North West to South East. Malta is nearly four times the size of Gozo and the total area of the group is 114 square miles (306 square Kilometers). Agriculture is the chief industry of the islands though at first light it would appear that there is no extensive cultivation owing to considerable tracts of fertile soil being concealed in the valleys or hidden behind the numerous and high stone walls which serve as boundaries and provide shelter for the crops from strong winds; the needs are small and for the most part composed of terraces by which the soil has been walled up along the contours of hill's with enormous labour to save it from being washed away. The area under cultivation is 43,000 acres; the area under irrigation comprises but 4% of the area farmed; water is the prime necessity of the farmers and considerable works are being undertaken to extend the provision of water which would naturally increase production. Before the British domination Malta was governed by the Civil Law (Diritto Comune) with the usual additions of usages and of Municipal Laws the latest compilations of which was framed under Grand Master De Rohan and is known after him as "Codice di Rohan" (1784). Towards the second half of the last century the codification of the Maltese Laws was stated by means of Separate Ordinances and those which related to property were consolidated by Ordinance VII of 1868. In the Revised Edition of the Laws of Malta in force on December 31, 1942, the Civil Code, including the Law of Persons occupies Chapter 23 of the Edition. Ordinance VII of 1868 closely followed the pattern of the Great French Codification and the various amendments most of then of slight importance, made since the year 1868, incorporated in the Revised Edition, have not weakened to any appreciable degree the unalloyed individualism sanctioned by the Code Civil. Agricultural legislation proper began making its appearance only after the Department of Agriculture was formed in 1919-1920, and the principal enactment which governs leases of rural tenements is the result of the War Emergency and will expire when the emergency is proclaimed ended. In this article we propose to give a broad outline of Maltese Law affecting land ownership and tenure and while dealing more diffusely with typical Maltese institutions which have practically disappeared from other legislations. ; N/A

FORH almost 150 years, since the Memorial which was submitted by the Maltese to H.M. The King in 1811, the necessity was felt of having an adequate law to regulate the Press in Malta. The subject was discussed by the Royal Commissioners of 1830, and since then also in the Legislative Assembly, but up to now no satisfactory position has been reached. Our present law, Ord. V of 1933, as subsequently amended, which in part follows Ord. XIV of 1889. is in many respects inferior to its model and far behind the progressive laws of modern democratic governments. For this reason the National Assembly in April, 1945, unanimously decided that the Press Ordinance of 1933 should be amended. The goal at which the present urge for a reform should aim lies in effectively guaranteeing freedom of the press and at the same time in preventing such freedom from degenerating into licence. ; N/A

Summarizes a case on declaratory judgment—municipal corporations and another on discharge of Seattle city employees—civil service—Seattle City Service Commission.

I am going to review with you today the law with respect to the federal treaty-making power as it seemed to be two years ago when I made the California speech and then call your attention to the law as announced in April of this year by the Fujii case in California. Finally, I will try to indicate where we Americans may find ourselves in the next two or three years unless, as lawyers, we raise our voices and save our domestic law and basic rights from the encroachments and engulfments of international legislation effected through the treaty-making power.