Unconditional Surrender and a Unilateral Declaration of Peace

1945 ◽  
Vol 39 (3) ◽  
pp. 474-480
Author(s):  
Francis C. Balling
Keyword(s):  
The United States ◽  
Press Conference ◽  
Recent Comment ◽  
Political Implications ◽  
Unilateral Declaration ◽  
Official Statement ◽  
The Crimea ◽  
The Subject ◽  
German People ◽  
Definition Of

On January 24, 1943, the last day of the conference at Casablanca, the President of the United States, in a press conference, referred to the sessions as the “Unconditional Surrender” Conference. The official statement on the Crimea Conference of February 11, 1945, reiterated the formula of unconditional surrender as the only one acceptable to the Allies by pointing to “the unconditional surrender terms which we shall impose together on Nazi Germany after German armed resistance has been finally crushed.” This statement gave rise to the objection that the very concept of “unconditional” obviously excludes terms of any kind. The most recent comment on the subject, in President Roosevelt's address to Congress on March 1, 1945, was apparently not intended to give a definition of “unconditional surrender,” but rather an enumeration of the policies to be followed in dealing with Germany, once “the German people, as well as the German soldier,” have given up and surrendered. Thus an official interpretation of the formula is still lacking. The following analysis attempts to clarify the meaning of unconditional surrender, and its factual and juristic-political implications.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

scholarly journals A Cannon for Cooperation: A Review of the Interagency Cooperation Literature

2014 ◽  
Vol 4 (1) ◽  
pp. 1 ◽  
Author(s):  
Russell M Frazier
Keyword(s):  
United States ◽  
Literature Review ◽  
Manufacturing Sector ◽  
The United States ◽  
Essential Elements ◽  
Cooperative Relationships ◽  
Interagency Cooperation ◽  
Random Forces ◽  
The Subject ◽  
Definition Of

This literature review encompasses a myriad of sources that offer a wide-ranging view of the subject of interagency cooperation. The review is thematic in nature and draws primarily on resources (i.e., books, academic databases, and EBooks & EJournals) available from multiple libraries. Interagency cooperation is an imperative part of the United States research and development (R & D) diffusion agenda, principally in the manufacturing sector. Nevertheless, the principles of realizing efficacious cooperative relationships are important. Thus, the review focuses on literature that can offer direction for policy stakeholders planning to establish, or re-evaluating governance oriented delivery structures. The components of this review include: a definition of interagency cooperation and essential elements of interagency cooperation-external (systematic and random) forces, shared problems, resources, and capacity building.

scholarly journals Goal into own goal? Reaction to sanctions against Russia in the Russian and German media

2018 ◽  
Vol 55 ◽  
pp. 02018
Author(s):  
Olga Mikhina ◽  
Artem Mikhin ◽  
Aleksandra Osipova
Keyword(s):  
German Economy ◽  
The United States ◽  
Trade Restrictions ◽  
The North ◽  
German Press ◽  
The Crimea ◽  
The Media ◽  
Import And Export ◽  
The Subject ◽  
The Russian Federation

The problem raised in the paper is very acute. The sanctions currently applied by Western countries towards Russia are unprecedented. Germany actively supports the sanctions policy, being influenced by the United States. The accession of the Crimea to Russia, the support of the liberation struggle of the rebels in the Lugansk and Donetsk People’s Republics is only an excuse for political and economic pressure on the Russian Federation executed by the North Atlantic Alliance in connection with its growing influence on the international arena. This pressure has become the subject of extensive discussions in the media. Who benefits from anti-Russian sanctions and who will suffer the main damage from their consequences? The Kremlin has traditionally been for the Bundestag a reliable trading partner for import and export tuernover, in which a significant share is represented by energy resources from Russia that are strategically important for the German economy. The apparent unwillingness of business communities to participate in the unfavorable policy of trade restrictions affects the domestic political situation in Germany. Ordinary German citizens do not like the reduction of tens of thousands of jobs and the closure of enterprises. These processes are reflected in the Russian and German press, which served as material for this article. The analysis is based on the anthropocentric and sociocultural approaches used when analyzing political discourse and the linguistic picture of the world.

scholarly journals AMERICAN BUSINESS CORPORATIONS ANTES DE 1786

2021 ◽  
Vol 12 ◽  
pp. 63-88
Author(s):  
Simeon Eben Baldwin ◽  
Keyword(s):  
United States ◽  
The United States ◽  
American Business ◽  
Business Corporation ◽  
The Subject ◽  
Business Enterprises ◽  
Definition Of

The title of this article requires a definition of the terms employed. The subject must necessarily be examined from a statistical standpoint, and statistics are of little value unless the basis upon which they are made up is stated with some precision. The phrase "business corporation" will be employed to denote only corporations formed primarily to promote business enterprises, either by the investment of money as a productive capital, or by encouraging and facilitating such investments on the part of others. The term "American" is used in accordance with its conventional acceptation in this country, as restricted to what pertains to territory included within the limits of the United States

scholarly journals COMPARATIVE LEGAL ASPECTS OF ENSURING THE ECONOMIC SECURITY OF COMPANIES IN RESOLVING CORPORATE CONFLICTS IN UKRAINE AND THE UNITED STATES

2019 ◽  
Vol 5 (1) ◽  
pp. 54
Author(s):  
Vitalii Demianchuk ◽  
Pavlo Bortsevych
Keyword(s):  
United States ◽  
The United States ◽  
Legal Aspects ◽  
Economic Security ◽  
Structural Method ◽  
Corporate Rights ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Definition Of

The aim of the article is to reveal the legal nature of corporate conflicts and ways to overcome them in Ukraine and the United States. The subject of the study is corporate conflicts caused by the corporate relations that arise between the owners of corporate rights, as well as the relationship between the owners of corporate rights and management bodies of the company. Methodology. The study is based on general scientific and specialscientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “corporate conflict” and “greenmail”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse US law regarding the subject matter. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of corporate conflicts and ways to overcome them. The system-structural method enabled to analyse objective and subjective causes of corporate conflicts. Methods of analysis and synthesis enabled to distinguish features of corporate blackmail as the cause of corporate conflicts. The method of legal modelling enabled to develop proposals regarding greenmail prevention in Ukraine. Practical implications. Studies on the issue of greenmail in the US helped to develop recommendations for prevention of greenmail in Ukraine, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “corporate conflict” and “greenmail” are defined. The objective and subjective causes of the occurrence of corporate conflicts, the reasons for their occurrence, as well as the subjective component of the parties to the corporate conflict are analysed. The absence of the legal definition of the concept of greenmail and the effective mechanism of its prevention is stated, therefore, appropriate recommendations to prevent its occurrence are formulated.

Measuring Malapportionment

1964 ◽  
Vol 58 (2) ◽  
pp. 302-327 ◽  
Author(s):  
Glendon Schubert ◽  
Charles Press
Keyword(s):  
Technical Problem ◽  
The United States ◽  
Theory And Practice ◽  
Majority Opinion ◽  
The Public ◽  
The Past ◽  
Judicial Intervention ◽  
Political Implications ◽  
The Subject ◽  
Rational Consideration

In addition to the legal and political implications of the case, the United States Supreme Court's decision in Baker v. Carr brought sharply into public focus the technical problem of how to measure legislative malapportionment. The case itself exemplifies these various dimensions of the issue, for the majority opinion of Mr. Justice Clark and the dissenting opinion of Mr. Justice Harlan disagree not only regarding the law and the public policy of judicial intervention; they are also in manifest disagreement concerning “the facts” of malapportionment in Tennessee as of the time of the decision in March 1962. Our survey of the scholarly literature on the subject of apportionment, during the past decade, convinces us that the contributions of political scientists (and other commentators on the question) have made less than satisfactory progress thus far in the direction of devising an adequate metric to assist in the evaluation of what all concede is today a major problem in the theory and practice of democratic politics. In the absence of a reliable and valid method for measuring differences in apportionment along a common dimension, it is difficult to see how rational consideration of the normative aspects of the issue may be possible.

THE PROXIMITY OF THE PAST: EUGENICS IN AMERICAN CULTURE

2010 ◽  
Vol 7 (3) ◽  
pp. 667-678 ◽  
Author(s):  
ROBERT W. RYDELL
Keyword(s):  
Public Interest ◽  
American Culture ◽  
State Of The Art ◽  
The United States ◽  
American Museum ◽  
The Past ◽  
Political Implications ◽  
Permanent Home ◽  
New Race ◽  
German People

In 1935, as the Nazis’ state-of-the art eugenics exhibition from the Deutsches Hygiene Museum was concluding its American tour, a decision had to be made about whether to return the displays to Germany or to house them in an American museum. After the American Academy of Medicine decided against the display because of its political implications, the director of the Buffalo Museum of Science, Carlos Cummings, himself a physician, offered his institution as the exhibition's permanent home. “What is the astounding eugenics program upon which Chancellor Hitler has launched the German people?” Cummings wondered aloud. “As a matter of public interest, without endorsement,” he added, “the Museum will display in the Central Hall throughout this final quarter of 1935, a set of fifty-one posters and charts . . . which gives Americans a graphic explanation of Germany's campaign to rear in posterity ‘a new race nobility.’” Seven years later, with war raging, the museum received permission from the company that had insured the exhibition, to dismantle it from its permanent home in the museum's Hall of Heredity. An exhibition about eugenics, Nazi eugenics no less, that had been enthusiastically received as it had traveled the United States in the mid-1930s, had seemingly fallen victim to the war against eugenics launched by cultural anthropologists and geneticists. In light of the broad scholarship on eugenics, this certainly would be a plausible reading of the deinstallation of the Nazi eugenics exhibition. But the three books under review here suggest a more complex reading, one that suggests that eugenics and racism, considered as ideological systems, were less easily dislodged from American culture than from Buffalo's Museum of Science.

Pulp Fiction and the Culture of Violence

1995 ◽  
Vol 65 (2) ◽  
pp. 299-315 ◽  
Author(s):  
Henry Giroux
Keyword(s):  
United States ◽  
Popular Culture ◽  
The United States ◽  
Pulp Fiction ◽  
Political Implications ◽  
Cultural Texts ◽  
Definition Of ◽  
Culture Of Violence ◽  
Henry Giroux

Exploring the intersection of entertainment, politics, and pedagogy, Henry Giroux analyzes some recent films as popular cultural texts, arguing that the cinematic violence and racist stereotypes portrayed are inextricably linked to what has been called the rising culture of violence in the United States. Offering a schematic definition of different representations of violence in film, particularly focusing on what he refers to as the "hyper-real" violence of Pulp Fiction, Giroux challenges educators to engage critically the pedagogical and political implications of popular culture with students and others.

Black and White Together: A Reconsideration

1991 ◽  
Vol 8 (2) ◽  
pp. 172-195
Author(s):  
W. B. Allen
Keyword(s):  
United States ◽  
Civil Rights ◽  
The United States ◽  
Direct Result ◽  
Board Of Education ◽  
Black And White ◽  
Common Opinion ◽  
The Subject ◽  
Definition Of ◽  
American Blacks

Principled discussions of civil rights became inherently less likely as a direct result of the observation by Earl Warren, in Brown v. Board of Education, that, respecting freedmen, “Education of Negroes was almost non-existent, and practically all of the race were illiterate,” and in proportion as that observation increasingly became the foundation of common opinion on the subject. Warren's observation was not true in any meaningful or non-trivial sense. Nevertheless, it served to perpetuate the myth of a backward people needing help to catch up instead of the truth of a people being held back. That is the perspective – the disadvantaged group perspective – that ultimately infected all discussion of civil rights, even after the designation of so-called “disadvantaged groups” had been extended beyond American blacks.To define civil rights, we may well begin with what all mankind would likely recognize. Thus the dictionary definition of “civil rights” stands: “the rights that belong to all individuals in a nation or community touching property, marriage, and the like.” In that definition the term “rights” may be further expanded to mean “legitimate claims,” following the definition of right as law – as “a claim or title or interest in anything whatever that is enforceable by law.” This definition applies with minimal distinction of regimes intruding and, therefore, without the host of recent complications in the United States that create the impression that civil rights have something to do with pluralism. Previously, the generic definition was thought to exhaust the meaning of the term in the United States.

The Liberal Consensus Reconsidered

2017 ◽  
Keyword(s):  
United States ◽  
World War Ii ◽  
Cold War ◽  
The United States ◽  
The Political ◽  
World War ◽  
Social Transformations ◽  
Lively Debate ◽  
The Subject ◽  
Definition Of

The paradigm of the “liberal consensus” has critically shaped scholarly understanding of the United States during the two decades after World War II. Both influential and controversial, it remains the subject of lively debate among scholars seeking to explain the political and social transformations of that era. Some historians contest the existence of consensus in post-1945 America, while others employ the term—sometimes unreflectively—as a shorthand descriptor of the contemporary mood. In contrast, this book argues that a revised, nuanced, and dynamic definition of consensus liberalism provides a compelling way to appreciate how the vitality of the postwar economy and the external challenges of the early Cold War shaped the United States in profound ways, both politically and socially.

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