Dept. of State publication 4376. ; v. 1. Violations by the Rumanian government, freedom of expression and of press and publication. ; Mode of access: Internet.
The age-old rule of the common law that a citizen may not seek redress from the government for wrongs committed by the latter is often restated in the form of two maxims. One is that "the king can do no wrong." It refers to "wrongs" in the narrower sense of the word, meaning torts and related delicts. It has its counter part if not origin in the Roman-Byzantine holding, princeps legibus solutus est.' Many modern countries and some states have abrogated the rule. The other maxim, "the sovereign cannot be sued without his consent," precludes any law suit, not merely in tort, against the government unless it "consents." This latter rule has no counterpart in the civil law, which has not objected to contractual suits against the "fisc" since time immemorial. As a matter of fact, the fisc of the civil law countries is usually conceived as a juristic person existing for the very purpose of enabling the state to be a plaintiff or defendant in a civil litigation.
This article discusses issues of tort liability surrounding trade unions and collective bargaining in Canada. In particular, it examines the impact of compulsory collective bargaining legislation upon the common law. Through a discussion of several cases, the author examines the various techniques by which the common law imposes liability for strikes. Specifically, he discusses the tort doctrines currently employed by the courts such as the doctrine that breach of the Labour Relations Act per se confers a civil cause of action, the doctrine of civil conspiracy, as well as the doctrine of intentional interference. The author then discusses two particular decisions as a means of examining arbitration as an alternative to litigation in such cases. He concludes with a discussion of the physical, institutional, and analytical difficulties arising from cases imposing liability for strikes in Canada, and offers some of his own suggestions for counteracting such difficulties.
The United Nations has added new complications to the well-worn subject of treaties and the Constitution. The issues have arisen principally in the field of human rights and, inevitably, constitutional discussions have reflected the political as well as the legal complexities. One consequence has been an apparent shift in legal positions: bar association leaders, long devoted to strict construction, have been inclined recently to stress the broad and expansive character of the treaty power and the supremacy clause ; in contrast, U.S. Government officials normally expected to support federal power have increasingly emphasized constitutional limitations. In political terms, this turnabout is not as paradoxical as it might appear: the one group draws attention to the far-reaching effects of treaties on internal law in order to discourage adherence of the United States; the other group, in response, seeks to limit somewhat the impact of the treaties on domestic law in order to gain wider support for U.S. participation. There are, in turn, repercussions on the international level. Within the United Nations, delegates of other countries are not always prepared to accept U.S. constitutional difficulties as a sufficient reason for restrictive treaty clauses. There is an understandable reluctance to make exceptions which might result in inequality of obligation and questions have been raised regarding both the legal interpretation and the political motives of the U.S. delegates raising constitutional points.
"August, 1950." ; "This study was undertaken originally as a research project while the writer was a student of Professor Edwin E. Witte of the Department of Economics, University of Wisconsin."--Acknowledgments. ; Cover title. ; Includes bibliographical references: leaves 40-44. ; Mode of access: Internet.
"Issued jointly by Veteran's Administration, Office of the Housing Expediter and Housing and Home Finance Agency, Federal Housing Administration." ; "A veteran's guide to Government assistance on homes bought or built under . GI Guaranteed loans, FHA insured loans, VEHP priorities." ; Cover title. ; Mode of access: Internet.
Bound with: 1959 Seminar on Judicial and Other Remedies against the Illegal Exercise or Abuse of Administrative Authority. 1959. ; Mode of access: Internet.
"This pamphlet contains the full text of Mr. Perry's main report to the recent National Election Conference of the Communist Party, held in New York City, August 7-8, 1954." ; Mode of access: Internet.
Considers (80) S. 1567, (80) H.R. 1639. ; Considers legislation to limit venue to residence of plaintiff or site of accident in actions brought in Federal or state courts against interstate railroads for wrongful death or personal injury. ; Record is based on bibliographic data in CIS US Congressional Committee Hearings Index. Reuse except for individual research requires license from Congressional Information Service, Inc. ; Indexed in CIS US Congressional Committee Hearings Index Part V ; Considers (80) S. 1567, (80) H.R. 1639. ; Considers legislation to limit venue to residence of plaintiff or site of accident in actions brought in Federal or state courts against interstate railroads for wrongful death or personal injury. ; Mode of access: Internet.
AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE .CONTROL ACT CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS JOINT WILLS--COMMON FUND DOCTRINE--APPLICATION WHERE PROBATE AND VESTITURE OF TITLES ARE POSTPONED MUNICIPAL CORPORATIONS--GOVERNMENTAL TORT IMMUNITY--LIABILITY OF CITY FOR INJURIES RESULTING FROM DEFECTIVE TRAFFIC SIGNAL NEGLIGENCE--DEGREE OF CARE OWED BY BUSINESS VISITOR TO THIRD PARTIES' ON LAND OF ANOTHER--DOES BUSINESS VISITOR ASSUME POSITION OF LANDOWNER? PLEADING--JOINDER OF PARTIES--JOINDER OF TORT FEASORS WHERE LIABILITY NOT JOINT TAXATION--INTERGOVERNMENTAL IMMUNITY--MUNICIPAL TAX ON BANK DEPOSIT IN CONTRACTOR'S--NAME WHERE COUNTERSIGNATURE OF FEDERAL OFFICER REQUIRED TORTS--ATTRACTIVE NUISANCE DOCTRINE--APPLICATION TO BODIES OF WATER TORTS--DUTY OF LANDOWNER TO PERSONS OUTSIDE THE PREMISES--LIABILITY OF BASEBALL PARK FOR INJURIES FROM BALLS HIT OVER FENCE TRUSTS--TRACING OF FUNDS MINGLED WITH DECEDENT TRUSTEE'S ESTATE--STATUTE LIMITING TIME FOR FILING CLAIMS AGAINST ESTATE HELD INAPPLICABLE, WITHOUT REQUIRING TRACING OF ASSETS UNEMPLOYMENT COMPENSATION--AVAILABILITY FOR WORK--LABOR MARKET AS TO HOME WORKERS
This information bulletin from the National Woman's Party includes the proposed text of the equal rights amendment (House Joint Resolution 28), and the sponsors of the amendment by state. Catherine May is included among the sponsors.