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Articles 1 - 9 of 9

Full-Text Articles in Law

Naturalization-Statutory Construction, George Brody S.Ed. Dec 1946

Naturalization-Statutory Construction, George Brody S.Ed.

Michigan Law Review

Appellee, a native of Canada, filed his petition for naturalization. In his application he stated that he understood the principles of the government of the United States and was willing to take the prescribed oath of allegiance to this country. To the question in the application "If necessary are you willing to take up arms in defense of this country?" he replied, "No, (non-combatant) Seventh Day Adventist." He explained this answer before the examiner by saying, "It is a purely religious matter with me, I have no political or personal reasons. other than that." The district court admitted him to …


Constitutional Law-Martial Law-Trial Of Civilians By Military Tribunals In Hawaii, Robert Cardon Nov 1946

Constitutional Law-Martial Law-Trial Of Civilians By Military Tribunals In Hawaii, Robert Cardon

Michigan Law Review

On the day of the attack on Pearl Harbor, the Governor of Hawaii suspended the writ of habeas corpus and declared martial law in that territory, acting under authority of the Organic Act of Hawaii. At the Governor's request, the Commanding General of the Hawaiian Department of the Army proclaimed himself Military Governor of the Islands, and established military tribunals to try all violations ,of existing federal laws and military regulations thereafter to be promulgated. The following day all civil courts were closed, and the next day the President approved the Governor's action. One week later, the law courts were …


Constitutional Law - Intergovernmental Immunities - Statutory Construction-Applicability Of Price Control Legislation To Sales By States, John F. O'Connor Nov 1946

Constitutional Law - Intergovernmental Immunities - Statutory Construction-Applicability Of Price Control Legislation To Sales By States, John F. O'Connor

Michigan Law Review

The Administrator, Office of Price Administration, brought action against the Commissioner of Public Lands of the State of Washington to enjoin the sale of timber on state school lands at a price in excess of that fixed by Price Regulation No. 460, implementing the Emergency Price Control Act. The lands were granted to the state for the support of common schools by the Congressional Enabling Act which admitted Washington to the Union. The state law required the sale of such timber to the highest bidder. On certiorari from the circuit court of appeals which reversed a judgment of the district …


Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema Nov 1946

Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema

Michigan Law Review

On February 7, 1944, an enlisted soldier in the Army of the United States was injured in a traffic accident in Los Angeles, California, through the negligence of an agent of appellant; he was incapacitated for duty for a period of twenty-nine days. The United States paid his hospital expenses, and also his salary during this period, amounting to a total of $192.56. In March, 1944, the soldier, in return for three hundred dollars, executed a release to appellant "from any and all claims and demands" on account of the accident. The United States sued in the Federal District Court …


The Effect Of Regulation T On Cash Transactions In Securities, Franklyn S. Judson, Frank D. Emerson Jun 1946

The Effect Of Regulation T On Cash Transactions In Securities, Franklyn S. Judson, Frank D. Emerson

Michigan Law Review

Even a casual glance at the financial page of almost any daily newspaper will at once bring forcefully to the attention of the reader the fact that the inflationary trend now being experienced by the commodity, real estate, and labor markets is likewise a factor in the securities market. A tremendous increase in the market prices of many securities has recently been experienced. A large number are at or near all-time highs. Likewise, the volume of trading is almost without precedent in the annals of the securities business.


Restitution-Recovery Of Insurance Payments Made Under A Mistake Of Fact As To The Death Of The Insured, Edwin F. Uhl Jun 1946

Restitution-Recovery Of Insurance Payments Made Under A Mistake Of Fact As To The Death Of The Insured, Edwin F. Uhl

Michigan Law Review

Respondent insurance company, upon receipt of claims filed by the appellant beneficiary and a copy of the original Certificate of Presumptive Death issued by the Maritime War Emergency Board, certifying that the insured was presumed to have died on or about November 28, 1942, paid to the beneficiary the face amount of a life insurance policy plus a refund of a premium payment received after the date of presumptive death. Subsequently it was discovered that the insured was a prisoner of war in Japan and, having received from the Maritime War Emergency Board a correction of the original certificate, the …


Constitutional Law-Trial By Military Commission Of Enemy Combatant After Cessation Of Hostilities-Scope Of Inquiry In Habeas Corpus Proceedings, L. B. Brody S.Ed. Apr 1946

Constitutional Law-Trial By Military Commission Of Enemy Combatant After Cessation Of Hostilities-Scope Of Inquiry In Habeas Corpus Proceedings, L. B. Brody S.Ed.

Michigan Law Review

Petitioner, the Commanding General of the Fourteenth Army Group of the Imperial Japanese Army in the Philippine Islands, surrendered to and became a prisoner of war of the United States Army Forces in Baguio, Philippine Islands on September 3, 1945. By order of respondent, petitioner was served, on September 25, with a charge setting forth a violation of the law of war. On October 8 petitioner, after pleading not guilty to the charge, was held for trial before a military commission of five Army officers appointed by General Styer, and a bill of particulars was filed by the prosecution specifying …


Constitutional Law-War Contract Renegotiation Act-Injunction Proceeding-Unauthorized Suit Against The United States, Rosemary Scott Apr 1946

Constitutional Law-War Contract Renegotiation Act-Injunction Proceeding-Unauthorized Suit Against The United States, Rosemary Scott

Michigan Law Review

A holder of war contracts with the federal government brought suit in the District Court for the District of Columbia to enjoin the Secretary of the Navy from withholding payments due under one contract to offset alleged excess profits received on others on the ground that the statute was unconstitutional, and to obtain a declaratory judgment with respect to his right to the disputed funds. The district court dismissed the bill. Held, since the essential allegations and the relief sought did not make it a case of threatened trespass against property but in effect constituted a suit designed to …


Selective Service Act-Proper Procedure For Challenging Validity Of Draft Classification, Thomas L. Dalrymple Apr 1946

Selective Service Act-Proper Procedure For Challenging Validity Of Draft Classification, Thomas L. Dalrymple

Michigan Law Review

Appellant, a Jehovah's Witness, claimed exemption from service under the Selective Training and Service Act of 1940, relying upon that section which exempts from service "Regularly or duly ordained ministers of religion .... " Appellant's local board ruled against his claim and classified him as available for military service (Class I-A). He took his case to the appeal board, where the local board's classification was affirmed. State and National Directors of Selective Service having refused to appeal to the President for him, appellant's local board ordered him to report for induction. He reported at the proper time and place, was …