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Looking Backward And Forward At The Suspension Clause, G. Edward White
Looking Backward And Forward At The Suspension Clause, G. Edward White
Michigan Law Review
Review of Amanda L. Tyler's Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay.
Post-Conviction Review In The Federal Courts For The Service-Member Not In Custody, Michigan Law Review
Post-Conviction Review In The Federal Courts For The Service-Member Not In Custody, Michigan Law Review
Michigan Law Review
This Note examines the availability of nonhabeas federal court review for those convicted by courts-martial. Part I discusses the function of such review and suggests a scope of review that would serve that function without unduly burdening the federal courts; Part II sketches the evolution of nonhabeas review and analyzes the jurisdictional problems surrounding its present status; Part III recommends statutory and judicial changes to make the review of courts-martial more equitable and efficient.
Constitutional Law - Due Process - Scope Of Inquiry In Habeas Corpus Petitions From Military Prisoner, Eugene Alkema
Constitutional Law - Due Process - Scope Of Inquiry In Habeas Corpus Petitions From Military Prisoner, Eugene Alkema
Michigan Law Review
Petitioners, military personnel, were convicted by courts martial of rape and murder. After exhausting military appellate remedies, they petitioned federal civil courts for writs of habeas corpus on the ground that they had been convicted in proceedings denying them basic constitutional rights. The petitions were denied. On appeal, held, affirmed, two justices dissenting. When the record shows that military courts have fairly considered all of the allegations of the petitioners and have found no denial of constitutional rights, civil courts in habeas corpus proceedings will not hear evidence on the merits of the allegations. Burns v. Wilson, 346 …
International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.
International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.
Michigan Law Review
Petitioner, a German citizen confined in the American Zone of Occupied Germany in the custody of the United States Anny, petitioned the United States District Court, District of Columbia for a writ of habeas corpus. The respondents were the Secretary of Defense and others alleged to have directory control over the jailers in Germany. The petitioner had been convicted of war crimes by Military Tribunal IV at Nuremburg, Germany. This tribunal was established by order of General Clay, United States Military Governor and Zone Commander, pursuant to Control Council Law No. 10 which carried out the London Agreement and the …
Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.
Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.
Michigan Law Review
Petitioner, a chief petty officer in the Navy was honorably discharged on March 26, 1946, and re-enlisted on the following day. In 1947, he was tried by court-martial and convicted of cruelty, during his prior period-of service, to persons subject to his orders. The District Court sustained his writ of habeas corpus on the ground that the court-martial had no jurisdiction; the Circuit Court of Appeals reversed. On certiorari to the Supreme Court of the United States, held, the court-martial had no jurisdiction to try petitioner for an offense committed prior to his discharge and re-enlistment. United. States ex …
Administrative Law - Selective Service Act - Finality Of Local Draft Board's Classifications, William H. Shipley
Administrative Law - Selective Service Act - Finality Of Local Draft Board's Classifications, William H. Shipley
Michigan Law Review
The wife of a registrant who had been placed in class I-A and inducted into the army under the Selective Training and Service Act of 1940 petitioned the federal district court for a writ of habeas corpus to secure her husband's release, contending that the draft board had acted arbitrarily in classifying him. The petitioner and the registrant became engaged in December, 1939, at which time the date of their wedding was set for January 4, 1941. On November 20, 1940, the registrant filed his questionnaire with his local board, indicating that he then had no dependents but that he …
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Michigan Law Review
One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …