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The Law School: 1951-52, E. Blythe Stason
The Law School: 1951-52, E. Blythe Stason
Michigan Law Review
A year ago, in December of 1950, when the war in Korea was going badly and the country appeared to be on the brink of general mobilization, it seemed inevitable that the demands of military service would make severe inroads upon this year's student enrollment in the Law School. Such inroads have been made, but although the recall of reservists and the call of Selective Service draftees have drawn into the armed forces many young men who would otherwise be studying law at Michigan, the effect has by no means been as severe as was anticipated. The current fall semester …
International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed.
International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed.
Michigan Law Review
The mandate system represented an attempt to cope with the problem of nonself-governing territories as an international responsibility and, for the most part, was an advancement over former methods of treatment. The system was not perfect and its operation pointed up a number of its defects. The framers of the United Nations Charter formulated the trusteeship system to take the place of the mandate system, correcting its defects and adding certain innovations. The purpose of this comment is to present a brief comparison of the two systems and to consider a few of the major problems presented.
International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed.
International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed.
Michigan Law Review
Plaintiff, a Hawaiian corporation, brought suit under section 9 of the Trading with the Enemy Act for the return of real and personal property vested in 1948 under authority of section S(b). Evidence was introduced to show that plaintiff's members were largely alien Japanese; that, prior to December 7, 1941, plaintiff operated what purported to be a Shinto shrine in Honolulu where three Japanese gods were worshiped; that the shrine looked like a Shinto shrine and was in some respects operated like one. It was further shown that plaintiff's members had no real understanding of the tenets of Shintoism as …
Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed.
Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed.
Michigan Law Review
By a Vesting Order, the Alien Property Custodian vested in the Attorney General property of an enemy alien which consisted of a "certain debt or other obligation" underlying bonds issued by the defendant corporation. The defendant corporation was ordered to cancel the said bonds and deliver the proceeds of the redemption and accrued interest to the Attorney General. Upon the trial of the action brought by the Attorney General to enforce these demands, it appeared in evidence that the bond certificates had last been located in the Russian sector of Berlin, Germany, and were there seized by the occupying authorities. …
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Michigan Law Review
The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
Michigan Law Review
The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
Michigan Law Review
The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Michigan Law Review
The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …
Military Habeas Corpus: Ii, Seymour W. Wurfel
Military Habeas Corpus: Ii, Seymour W. Wurfel
Michigan Law Review
The doctrine is well established that habeas corpus is an extraordinary remedy which will not ordinarily lie where the law has provided another remedy. The numerical pressure of habeas corpus petitions by all types of prisoners in recent years has reached such proportions as to constitute a major problem in the administration of justice. It has engaged the administrative consideration of judicial officers and been the subject of legislation both federal and state. The Chief Justice of the United States in an address before the American Bar Association on September 7, 1949 strikingly stated the problem and urged "that something …
International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed.
International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed.
Michigan Law Review
Petitioner, an American citizen living in Germany, voted in the January 27, 1946 election of local officials in Rodach, Germany, American Zone of Occupation, held under the direction and with the approval of the Office of Military Government for Bavaria. Petitioner was issued a certificate of loss of nationality, based on section 801(e) of the Nationality Act of 1940, which provides that American nationality is lost through "voting in a political election in a foreign state." Held, petitioner had not lost her citizenship. The Rodach election was held in "territory then ruled and governed by the United States and …
Military Habeas Corpus: I, Seymour W. Wurfel
Military Habeas Corpus: I, Seymour W. Wurfel
Michigan Law Review
The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …