Edwin Borchard, Yale Law School
Document Type
Book Review
Comments
27 Yale Law Journal 854 (1918)
Abstract
No branch of international law in time of war is more important to the lawyer and the private individual than the rules governing the effect of war on private rights, privileges, powers and immunities. The complexity of modern business has induced a vast extension of the provisions of the common law governing commercial intercourse with the enemy.
Date of Authorship for this Version
1918
Recommended Citation
Borchard, Edwin, "Book Review: Law Relating to Trading with the Enemy" (1918). Faculty Scholarship Series. 3665.
https://digitalcommons.law.yale.edu/fss_papers/3665
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Trading with the Enemy in World War II
Edwin Borchard, Yale Law School
Document Type
Book Review
Comments
53 Yale Law Journal 380 (1944)
Abstract
The development of economic warfare, which has reached proportions never heretofore known, is evidenced in this country, aside from blacklists, preemptive buying, etc., by the "freezing" of the funds of all European and Japanese foreigners through whom American assets might have reached the enemy countries, and by the vesting of new powers in the Alien Property Custodian. The vast occupations of the enemy Powers have seriously modified the old conceptions of nationality or domicile as the test of enemy character, and have expanded greatly the administrative definitions and classifications of "enemy" and "ally of enemy." The "loyalty" test beclouds former categories. The expansion of the concept of "enemy nationals" and of "nationals- of a designated enemy country" has made the experience of earlier wars somewhat less useful, and has made an authoritative guide to their interpretation indispensable.
Date of Authorship for this Version
1944
Recommended Citation
Borchard, Edwin, "Book Review: Trading with the Enemy in World War II" (1944). Faculty Scholarship Series. 3635.
https://digitalcommons.law.yale.edu/fss_papers/3635
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Judicial Construction of the Trading with the Enemy Act
Joseph Bishop, Yale Law School
Document Type
Article
Comments
Judicial Construction of the Trading with the Enemy Act, 62 HARV. L. REV. 721 (1949)
Abstract
THE Trading with the Enemy Act has in modern economic warfare two basic objectives: to keep an enemy from using for his own purposes any property which he owns or controls, located within the United States; and to make that same property available for the purposes of the United States. Essentially simple as are these purposes, the Act - perhaps because loosely and hastily drafted -- has presented to the judiciary a collection of knotty problems which are probably not surpassed by those arising under any other stature of its size and weight. It is the aim of this article to discuss some of those problems.
Date of Authorship for this Version
1949
Recommended Citation
Bishop, Joseph, "Judicial Construction of the Trading with the Enemy Act" (1949). Faculty Scholarship Series. 2836.
https://digitalcommons.law.yale.edu/fss_papers/2836
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