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The article discusses various freedom of speech regulations in America as of June 2014, focusing on the U.S. Supreme Court's rulings in the legal cases New York Times Co. v. Sullivan and New York Times Co. v. United States (Pentagon Papers) which deal with the First Amendment to the nation's Constitution and civil damages for alleged defamation. Prior restraints, democratic legitimacy, and freedom of expression rights in America are mentioned. U.S. government practices are also examined.

The article discusses state executive offices and appointments for state attorneys general in the U.S. as of January 2014, focusing on a push for the establishment of additional state unitary executive systems in which a single official presides over the entire executive branch. Executive nominations, legislative confirmations, and executive removal power are mentioned, along with the U.S. Constitution's Vesting Clause and the arguments set forth in the "Federalist Papers."

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart's paper -- Discretion -- in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart's work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart's work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart's year as a visiting professor. Hart's Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. [ABSTRACT FROM AUTHOR]

The article discusses the U.S. Supreme Court's (USSC's) ruling in the 2013 case Decker v. Northwest Environmental Defense Center (NEDC) which deals with the U.S. Clean Water Act (CWA) and judicial deference for an American government agency's interpretation of its own regulations in the aftermath of the USSC's judgment in the case Auer v. Robbins. According to the article, the NEDC filed a lawsuit under the CWA's citizen-suit provision against various logging and paper-product companies.

The article discusses the court case, Ibrahim Ali versus Michael B. Mukasey, in which the Seventh Circuit gave in to a statutory interpretation put forth by the Board of Immigration Appeals in the U.S. The court held that an immigration court could consider additional evidence beyond the charging papers and judgment of conviction. This decision countermanded conflicting Seventh Circuit precedents, elucidating that administrative discretion belongs to the agency rather than to the court.

The article focuses on the vision of Publius, a collective pseudonym for the authors of the publication "Federalist Papers" namely Alexander Hamilton, James Madison, and John Jay. It discusses the way Publius defends a Constitution that focuses on the creation of power that the U.S. government lacked during the Articles of Confederation period, but taking into considerations the tyranny that it may bring. It is noted that a system containing "auxiliary precautions" against tyrannical usurpations is created. The vertical competition model and the guard dog model proposed by Publius are presented, as well as the features and implications of such models.

The article explores the two important concepts such as morality and justice inspired by the statue in Cambridge Common in the U.S. In its vivid depiction of a wealthy individual who finds himself in a position to help a poor individual, the statue raises fundamental questions of morality and obligation toward others. In its reminder of the impoverishment of some groups relative to other groups in society, the statue also draws on deep conceptions of justice and inequality between classes. Moreover, the paper investigates how morality and justice affect the choice of legal professions, arguing that legal career choices should involve good faith efforts to serve both of these noble goals.

The article discusses the extraterritorial constitution and the interpretive relevance of international law in the U.S. Accordingly, the paper proceeds in three parts. The first part discusses the state of the law following United States versus Verdugo-Urquidez and the contemporary significance of the question of extraterritorial application of the Constitution. The second part situates the impracticable and anomalous standard in historical context, drawing on the nineteenth-century use of international law to identify powers inherent in sovereignty. The third part argues that in the context of the war on terrorism, it is sensible to look to international humanitarian law to guide the inquiry into when certain rights apply extraterritorially.

The article focuses on the issues of vaccine law in the U.S. Accordingly, the paper suggests that vaccine law should be distinguished between two kinds of necessity such as the medical necessity and practical necessity. Those vaccines classified as medically necessary would be those that are the only known viable defenses against diseases taking hold in a community. However, practically necessary vaccines are those to which there are alternatives, but which alternatives are, in practice, not used by a significant number of people.

The article discusses the internationalization of copyright in the U.S. Accordingly, the paper proceeds in three parts. The first part is the discussion of the details of the internationalization of copyright which provides examples of domestic legislation passed in response to international obligations and standards, and canvasses cases that have taken stock of this new globalized copyright. The second part turns to the handful of scholars who have responded to the new international side of copyright. The third part introduces a new method of judicial review that seeks to bridge the gaps and to respond to what may be the greatest danger of not substantively reviewing domestic law purporting to comply with international obligations.

The article discusses the ministerial exemption for religious employers in the U.S. Accordingly, the paper proceeds in five parts. The first part describes the history of the ministerial exception. The second part provides details of the constitutional bases for the exception under both Religion Clauses, and argues that the expressive association right further justifies the ministerial exception even though the case law has not yet recognized this rationale. The third part evaluates the primary duties test used to trigger the ministerial exception. The fourth part encourages adoption of a deferential primary duties test to cure these constitutional defects. The last part responds to potential criticisms of a deferential primary duties test.

Analyzes the application of the U.S. Supreme Court ruling on the case Fisher v. United States for cases concerning the use of subpoena duces tecum and the rights of criminal defendants in the U.S. Background on the ruling of the U.S. Supreme Court; Discussion on the concept of implicit authentication; Examination of the first amendment protection for personal paper.

The initial version of The Forms and Limits of Adjudication was circulated to the members of the Legal Philosophy Discussion Group at Harvard Law School in 1957. A revised and expanded version was prepared in 1959 for use in Mr. Fuller's course in Jurisprudence and for discussion at the Round Table on Jurisprudence at the 1959 meeting of the Association of American Law Schools. Further refinements resulted in a third version for classroom use in 1961 ; I have followed that version here. The editing has consisted principally of minor grammatical corrections and changes of punctuation; the addition of several paragraphs in Part VI, section 2 (see note 22) ; and the identification, where possible, of important references and sources, which are inserted in brackets. I am deeply grateful to Mrs. Marjorie Fuller, who made it possible for me to examine the library and private papers of her late husband. The complete essay has never before been published, but portions of it were included in two articles by Mr. Fuller: Adjudication and the Rule of Law, 54 PROC. AM. Soc'Y INT'L L. I (1960) and Collective Bargaining and the Arbitrator, 1963 Wis. L. REv. 3. Mr. Fuller also granted permission for the printing of a substantial part of the essay in AMERICAN COURT SYSTEMS: READINGS IN JUDICIAL PROCESS AND BEHAVIOR (S. Goldman & A. Sarat eds. i978). That Mr. Fuller never published the entire essay is due, I believe, to a plan he formulated in 1958 or 1959 to expand it into a book of the same title. By 1960 the projected volume had become The Principles of Social Order, an essay in eunomics--that is, in Mr... [ABSTRACT FROM AUTHOR]

Focuses on the Constitutional Law in the United States. State Subsidies Favoring Local Business; Term of the U.S. Supreme Court on Death Penalty; Fifth Amendment Protection of Private Papers.

Presents several cases in the U.S. United States v. St. Regis Paper Co. on civil penalties for violation of Federal Trade Commission order; Serbian Eastern Orthodox Diocese for the U.S. and Canada v. Ocokoljick on chruch property disputes; Garden State Dairies Inc. v. Sills on commerce clause.

Presents a Command Paper, the Fourth Report of the Law Reform Committee, recommending substantial legislative changes in the Rule Against Perpetuities. Period of the rule; Basis for the validity of a limitation under the rule against perpetuities; Rejection of the power of courts to remodel limitations which infringe the rule.

The article presents a memoir of U.S. legal scholar Thomas Reed Powell. The article author states that although Powell founded no school and espoused no doctrinal creed, his teaching and writing were distinctive, unmistakable, and inimitable. His published papers, numbering close to two hundred essays, are marked by that relentless analysis of judicial rhetoric, that irreverent uncloaking of disreputable logic, that playfulness in the service of intellectual morality, which made him a fearsome delight to students and friends. If one were to revert after all to the language of science and identify a phenomenon with his name, it would have to be called the Powell Effect.

The article informs that the American political tradition and the antitrust laws make competitive free enterprise both a norm in practice and an ideal of national policy. Those who favor this policy do so on various grounds. They believe that rivalry among competing sellers will lead to improvement of product and reduced prices. The downward pressure on selling prices will also compel a striving for increased efficiency and reduced costs. It is the purpose of this paper to review the work of these administrative agencies and the courts in formulating national economic policy in this area. The central and recurrent problem will be the relative weight to be accorded to the policy of maintaining competition in an industry which by hypothesis is to be governed by competition only to a limited extent.

The article focuses on issues related to the drafting of partnership agreements in the U.S. This paper will deal chiefly with the major features of this form and its adaptation to various business situations. The partners may agree on anything they wish. The chief task of the draftsman is to ascertain what they do wish, to think out in advance the typical problems that are likely to arise, to discuss these with his clients, to work out decisions as to how they are to be treated, and to set the results down in clear language.

The article informs that a well recognized general proposition that upon request sovereign States are granted immunity from the jurisdiction of foreign courts. Under this doctrine States claim, and expect to receive, immunity regardless of the nature of the dispute in which an attempt is made to name them party defendant. This paper will consider the applicability of this doctrine to state trading organizations and state commercial activities, with particular reference to the Soviet Union. Immunity from jurisdiction means that, upon a proper motion, a court of one sovereign State will declare itself incompetent to pass upon the merits of certain causes of action brought against a foreign sovereign, its representatives, or its property

Reports on the publication of leading legal articles. Case involving the nature of a bank's interest in paper deposited for discount or collection; Case involving the preference given to the legal estate over the equitable.

This article presents information on some books and periodicals that contain research papers on legal topics. A writer in a recent periodical maintains that a judgment for the defendant in an action by an administrator should bind another administrator of the same deceased in another jurisdiction, because there exists between the two an official privity. Some of the books listed are, "Blackmail and Extortion," by James W. Osborne; "The Development of International Law," by Edwin Maxey and "Growing Conception of Neutrality," by Hannis Taylor.

The article presents information about papers related to the U.S. law published in various journals. The provisions of the Fifth and Sixth Amendments to the Federal Constitution guaranteeing common law procedure, including the right of indictment and trial by jury do not extend to the inhabitants of our insular possessions. It would seem that this applies equally to all the territories of the United States. It is suggested, there can be no distinction between the organized and the unorganized territories. The privileges guaranteed by the Bill of Rights in fact extend to the former only by virtue of an Act of Congress or a treaty provision.

The article presents information on the gage of land in medieval England. The English gage of land with possession of the debtor until default is to all seeming developed later than the gage with immediate possession of the creditor; the origin of this later form of security for loans being directly connected with the history of the process of judicial execution. It will be seen that whether the medieval creditor take immediate possession or only on default of the debtor, the principle is the same. In either case the security is a usufructgage or it is a property-gage, or it is indeed a combination of the two. Though the tracing of the development down to the present lies beyond the scope of the present paper, it is believed that this very same conception lies at the basis of much of the modern English law.

The article comments on the advancements in the agreement on rules to prevent a conflict of laws. The inconvenience resulting from a conflict of laws between the states of the U.S. on the subject of commercial paper has of late been largely avoided by the general adoption of the Negotiable Instruments' Act, framed by the Annual Conference of the States for Promoting Uniform Legislation. It is from the action of this body that the most is to be hoped for in the future in smoothing the way to general agreement within the United States as to matters of private law.

Presents a list of legal research papers, recently published. The list here includes, "Law of Accomplices"; "Conference Respecting Final Court of Appeals"; "Three Great Judges of Our Own Times"; "Corporations and Trusts"; and "Criminal Law and its Administration in the State of New York"; "The Development of Law during the Middle Ages, Especially in France and England"; "Expert Testimony: Its Abuses and Uses"; "Handwriting of Part Payments" and "Incorporation by Reference."

The article focuses on the supremacy of the town in Rhode Island. In Rhode Island everything is done by the towns and nothing by the counties. The only county officers are the clerk of the Supreme Court and Court of Common Pleas, who has the custody of the papers of these courts when they meet in the different counties; the sheriff of the county, whose writ, however, runs throughout the state; and the keeper of the county jail, who, in other than Providence County, is the sheriff of the county.

Presents several court cases and rulings in the U.S. published in the November 1896 issue of the "Harvard Law Review." Preference of veterans in the Massachusetts civil service; Certainty as a formal requisite of negotiable paper; Common law pleading; Physical suffering resulting from mental shock.

Comments on the paper by Judge Seymour D. Thompson entitled "The Doctrine of Ultra Vires in Relation to Private Corporations". Review of the ancient doctrine of ultra vires; Outline of the modern doctrine; Arguments against some views of Thompson; Observation that there it is not clear than any tribunal ever gave a consistent adherence to the doctrine which Thompson calls the "ancient doctrine"; Argument against Thompson's assertion that modern developments of the law of Corporate Power are to be explained upon a principle of moral evolution.

Presents the author's reply to comments on his paper on the Rule against Perpetuities published in the sixth volume of the "Harvard Law Review" periodical. Criticism citing that the true object of the Rule against Perpetuities is to restrain the creation of future conditional interests that is not aimed directly at preventing the non-alienation of property; Remoteness of charitable gifts; Implications on law.

The article focuses on a paper on the relation of the reports of cases in the Year Books to the records of the same cases found among the Public Records. The report was intended for the use of the legal profession, including the judges. It was designed to show general principles of law, pleading, or practice. They were not the facts which the lawyer wished to know, and would not help to guide him in his pleading, except in cases in which an argument turned upon a description or a misdescription. There are in the reports innumerable matters of interest, legal, historical, constitutional and social which have no counterpart in the rolls. In the reports are living men, dealing with the facts in their own language, in the spirit of their own age, in tones which reveal what manner of men they were.

The article discusses principle of contradiction rephrased by Gottfried Wilhelm Leibniz. he held that the criterion of truth is thought; this permitted him to substitute, in place of the dominant theological attitude of the time, a rationalistic approach to natural law and the positive-law deductions made from it. His method resulted in the construction of one of the great philosophical systems, of which his legal theory forms an integral part; but that system was never expounded in any unified form and must be put together from many papers and letters.

The article presents a profile of justice Louis D. Brandeis, who has been considered as a great contributor to the American history, through his writings on various legal issues. The article notes that, despite his impersonal and almost ascetic style, Brandeis furnished a map of his mind in his occasional papers, in his testimony before legislative committees, and, above all, in his more than five hundred opinions. Brandeis has shown the way to several others, by his passionate dedication of great gifts to great purposes, by his use of the versatile resources of law for the liberation and enrichment of the potentialities of man.

This article explains the misunderstandings of the civil law. A rule of law that has been gradually developed can only be understood by knowing the course of its development; and that is more or less known by good lawyers, if the rule took its rise in England. So far as the American jurisprudence reaches back to an earlier date, there are the same reasons for tracing it to its source. Again, not only would it be hard to name any one who has thrown new light on such general problems of jurisprudence as the arrangement of the law, who has not known something of the labors of the civilians; but the paper tries to show that an ignorant misunderstanding of the Roman classification has led to confusion.

The article focuses on the progress of the law on no par value stock. The device of stock without par value may be regarded as the result of efforts to mitigate the frauds on investors sometimes attending the sale to the public of par value stock. It has been strongly attacked and warmly defended. Without analyzing in detail the arguments advanced by its opponents or friends, it seems sale to say that it increases the difficulties of selling a piece of paper to the gullible for more than its real worth. From the legal point of view a certificate of no par value stock is closer to truth than one alleging a fixed value.

This article presents information about recent law cases. In United States v. Ferger, however, it has recently been held that section 41 of the Pomerene Act, which makes criminal the forging of an interstate bill of lading, is unconstitutional, since the forged bills of lading were nothing but pieces of paper fraudulently inscribed. They were not receipts for goods. They did not affect interstate commerce. The court excluded from contemplation, as possibly presenting a different question, the counterfeiting of an existing genuine interstate bill of lading.

The article focuses on the effect of World War I on international law. The law must take them into account, no matter what the theories of doctrinaires and Utopians. The world is familiar with the successive laws through which the U.S. has protected its population against the disagreeable results of immigration. The the decree of October 2, 1888, followed by the law of August 8, 1893, required foreigners residing in France to make a declaration to the police authorities and to carry papers which should be vise, in the commune to which they moved, each time that they changed their residence. The moving about of individuals which will be caused by military operations is likely to contribute to the exchange of knowledge and the comparison of law. Sometimes it will cause a case of conflict.

The article discusses various lawsuits in the U.S. One of the lawsuits discussed is Moore v. Empire Land Co. The plaintiff's grantor took possession of certain land without any paper title and held it adversely for seven years. He then conveyed the surface of the land to X., reserving the minerals; and X. and his grantees entering held possession of the surface for the remainder of the statutory period, no one meanwhile operating the mines. Thereafter the plaintiff bought the minerals from the grantor, and brings this bill to quiet his title to them. Another case discussed is Condon v. Exton-Hall Brokerage and Vessel Agency. The defendant, at the plaintiff's request, undertook gratuitously to procure the immediate cancellation of an insurance policy issued by the plaintiff. The defendant directed its local correspondent to investigate the risk with a view to action in the future.

The article discusses a paper and various books related to the lawsuits in the U.S. The paper discussed is "The Legal Nature of International Law," by George B. Scott. In this paper, the writer maintains two propositions: first, that the quality of enforceability and the existence of a sanction are not essential to the definition of law; secondly, that assuming a sanction to be requisite, one is present in the realm of international law. Some of the books discussed are "The Abuse of New Trials," by Everett P. Wheeler, "The Act of Congress Permitting Suits Against Federal Receivers: Injunctions From State Courts," by W.A. Coutts and "Dissenting Opinions," by V.H. Roberts.

Comments on some of the articles in this issue of "Harvard Law Review". Paper prepared by John N. Hazard of Colombia University analyzing social insurance schemes in Soviet Russia; Article by Daniel M. Schuyler entitled "Payments under Void Trusts"; "Territoriality and Universal Recognition of Rules of Conflict of Laws," by Kurt H. Nadelmann.

Presents information on several books on law and legislation. 'The Psychiatrist in the Courtroom: Selected Papers of Bernard L. Diamond,' edited by Jacques M. Quen; 'Child Witnesses: Fragile Voices in the American Legal System,' by Lucy S. McGough; 'From Newton's Sleep,' by Joseph Vining; 'Speaking of Race, Speaking of Sex,' by Henry Louis Gates Jr., Anthony P. Griffin, Donald C. Lively, Robert C. Post, William B. Rubenstein and Nadine Strossen.

Presents an introduction the research papers published in this issue of the periodical "Harvard Law Review."

The article focuses on the paper "De quelques questions relatives dl'assurance des risques de guerre," by Emile Audouin. It was formerly the practice, he says, for the same policy to cover both ordinary perils of the sea and war risks, for a single premium. But gradually a change was made, until in 1900 the principal marine insurance companies operating in Europe adopted the principle of a special policy for each kind of risk. The change makes necessary an exactness in the legal definition of ordinary and war risks not required before. If the insured has to cover the two in different companies, it is important for him to see that there are no gaps to leave him without protection, as will happen if the war risk contract is held not to cover a loss, which the law governing the ordinary risk contract would not consider the result of an ordinary peril.

The article focuses on the paper "The Doctrine of Anticipatory Breach," by Colin P. Campbell. In a late article upon this subject, the writer, while disclaiming any effort to justify in theory the general rule allowing recovery by one party before the time of performance, on repudiation by the other, discusses the grounds on which that doctrine seems to rest. He points out that these decisions have been based on two different views of the situation. The first, which is illustrated in Hochster v. De la Tour is that the action is based on an implied undertaking in the original contract, to do nothing inconsistent with the contractual relation before the time of performance.

The article presents information on the paper "A Brief History of the Parol Evidence Rule," by John H. Wigmore. The doctrine was unknown to the Germanic invaders of Rome and Western Europe. A general ignorance of letters and the existence of a "legal system of formal oral transactions " combined to strip the carta, or document of that period, of further value than as a means of effecting a formal symbolic delivery of land, and of preserving the names of witnesses upon whom alone reliance was placed for proof of the terms of the transaction. A notable advance in the status of written documents appeared with the rise of the seal. The principle that the king's word is indisputable gained for a document bearing his seal incontestability.

The article presents information on the paper "Extrinsic Evidence in Aid of Interpretation," by Sidney L. Phipson. The article is a clear discussion of scholar Isdole Wigram's classic work and the many criticisms thereon, and offers independent ideas of value as well. Phipson stands by Wigram's treatment of interpretation as a question of evidence. As to the object of interpretation--whether, as Wigram maintains, it is to ascertain the meaning of the words, or to learn the intention of the writer. Phipson declares that in reducing the various rules and principles to seven working propositions, Wigram seems to have done all that is possible to secure condensation without sacrificing adequacy or exactness.

Discusses the value in the law of negotiable instruments. Provisions of the Negotiable Instruments Law; Existence of the difference between negotiable paper and other property; Merits of New York case of Stalker v. McDonald.