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Chapter Iv: Reasonable Uses Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.

Man, The State And War, By Kenneth N. Waltz, Francis J. Schneider

Indiana Law Journal

No abstract provided.

Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney

Michigan Law Review

A Review of Responsibility of States for Unlawful Acts of Their Armed Forces. By Alwyn V. Freeman.

International Law - Meaning Of The Term "Declaration Of War" As Used In A Time Charter, Glenn O. Fuller

Michigan Law Review

A time charter provided that either party should have a right to cancel "if war is declared against any present NATO countries. . . ." Respondent-owners, having invoked this clause shortly after the Suez crisis erupted into open warfare, contended that a speech delivered by Egyptian President Nasser constituted a declaration of war. The speech in question, which was delivered to a large public gathering in Cairo, broadcast throughout Egypt and subsequently published, declared in part, "We shall fight as we have always said in a total war." It urged the people to "fight and never surrender." In libels for …

The Charter Of The United Nations: An Instrument To Re-Establish International Peace And Security?, H. Karsten Schmidt

Indiana Law Journal

No abstract provided.

The Legal Status Of The Red Cross, Wesley A. Sturges

Michigan Law Review

Red Cross is a term well known in the world at large; so is the heraldic emblem of the red cross on a white background. Many people in many lands use them to indicate and symbolize a variety of humanitarian purposes, principles and services. When the term is used as a proper name, generally it identifies an organization which is lawfully authorized to carry out those purposes and services under that name. Organizations by that name have been accorded exclusive authority to carry out the given humanitarian programs, exclusive authority to use the words, whether as a proper name or …

Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue

Michigan Law Review

It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.

Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein

Michigan Law Review

On October 26, 1956 seventy states signed an international agreement described as the Statute of an International Atomic Energy Agency. This signing followed a conference of over a month in which eighty-two states participated. All of the participating states supported the text which resulted from this conference-a truly remarkable result considering that the subject of the conference was atomic energy with its far-reaching international security implications.

Rule By Martial Law In Indiana: The Scope Of Executive Power

Indiana Law Journal

No abstract provided.

Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.

Michigan Law Review

In June 1950, United States military forces in Korea embarked upon an engagement that has been variously described as "war," "police action," "hostilities," and "defense against aggression." No declaration of war was made by Congress nor was a state of war proclaimed by the Chief Executive or our Communist adversaries. This unprecedented commitment of military forces in response to the recommendation of an international organization was consummated by unilateral Presidential action, with Congress only impliedly ratifying the step taken by enacting laws appropriating additional funds for the support of the armed forces in Korea. The ill-defined character of the conflict …

The Need For Including A Course On Military Justice In The Law School Curriculum, Robert E. Joseph

Journal of Legal Education

No abstract provided.

Coercion: A Defense To Misconduct While A Prisoner Of War

Indiana Law Journal

No abstract provided.

Advance To Barbarism—How The Reversion To Barbarism In Warfare And War-Trials Menaces Our Future. By F. J. P. Veale., Richard Arens

Buffalo Law Review

No abstract provided.

Revision Of The Italian Peace Treaty, Norman Kogan

Indiana Law Journal

No abstract provided.

That Pierced Veil-Friendly Stockholders And Enemy Corporations, Norman S. Fink

Michigan Law Review

Consider, if you will, the position of Mr. A, an ordinary resident of Suburbia, Long Island, New York, U.S.A., who on the advice of his stock broker that he has an opportunity to buy a "growth" stock, invests $5,000 in 100 shares of X company, organized under the laws of Switzerland. The World erupts into another tragic war and Mr. A receives peremptory demand from his government to turn over his shares to it. He learns that his investment gives aid and comfort to the enemy since X company, apparently a non-belligerent enterprise in a neutral country, is alleged …

Constitutional Law-Eminent Domain-Destruction Of Private Property To Prevent Enemy Capture, John F. Spindler S.Ed.

Michigan Law Review

Respondent oil companies owned terminal facilities in Manila at the time of the Japanese attack on the Philippines. The terminals were destroyed by the United States Army as the Japanese entered the city. Although the Army had requisitioned oil from the terminals prior to their destruction, respondents were bound by the decision of the court of claims to the effect that prior to December 27, 1941, when respondents were notified that the terminals themselves were requisitioned for the purpose of destruction, there had been no taking within the meaning of the Fifth Amendment. The court of claims allowed recovery on …

Ucmj--Does It Work? Evaluation At The Field Level, 18 Months Experience, Chester Ward

Vanderbilt Law Review

Combat area experience of Naval units applying UCMJ in the Korean theatre is now available for appraisal. To foreshadow effects of the new code upon administration of Naval Justice under conditions of another world war, the Commander-in-Chief, U.S. Pacific Fleet, directed an on-the-spot survey of the impact of the Code upon all types of naval vessels in the Japan-Korea area. Included were nearly 100 ships, consisting of 9 large combat types, 38 destroyers or destroyer-escorts, 2 submarines, 22 transport and amphibious type and 12 mine-sweepers. The reactions to UCMJ produced through this CINCPACFLT survey are predominantly and primarily those of …

International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel

Michigan Law Review

The effect of war upon existing bilateral treaties of belligerents is one of the unsettled problems of international law. The problem is to determine whether a bilateral treaty (between nations at peace) which does not provide for the eventuality of war, will be suspended or annulled by a subsequent war between them. The idea that war is a complete destruction of the international intercourse which was represented by the treaty logically would lead to the conclusion that the treaty ends ipso facto when war comes. But this is too hasty a conclusion; international practice proves that some treaties are only …

The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.

Michigan Law Review

This comment will investigate the extent to which the law of belligerent occupation has actually become a part of the American municipal law, and thereby attempt to determine whether it was properly applied in this case.

War Crimes--A Refutation Of Objection, Otto E. Reik

Kentucky Law Journal

No abstract provided.

The Case Of General Yamashita, By A. Frank Reel, Edward H. Buehrig

Indiana Law Journal

No abstract provided.

Reel: The Case Of General Yamashita, Michigan Law Review

Michigan Law Review

A Review of THE CASE OF GENERAL YAMASHITA By A. Frank Reel.

Lunau: The Germans On Trial, Michigan Law Review

Michigan Law Review

A Review of THE GERMANS ON TRIAL. By Heinz Lunau.

Application Of The Law Of The Absent* Sovereign In Territory Under Belligerent Occupation: The Schio Massacre, Eric Stein

Michigan Law Review

On July 6, 1945, in the village of Schio, a small community in the northern Italian Province of Vicenza, fifty-four persons confined in the Schio jail were shot to death by masked men who had forced their way into the prison. A large majority of the persons held in the Schio jail at the time of the shooting were suspected of collaboration with the Germans, and other political crimes. No formal charges were pending against one-third of the prisoners. At the time of the massacre the area was under the rule of the Allied Military Government.

Seven former partisans were …

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 …

Law And Administration In Military Occupation: A Review Of Two Recent Books, Wolfgang H. Kraus

Michigan Law Review

Unlike the First World War, the Second World War has already produced at this stage of its progress significant publications concerning the problems of military government which may well assist interested students and practitioners in cutting a path through this thorny field. Occupying the area of enemy countries is a task of which by all odds the most difficult part, that of the occupation of both Germany and Japan, still lies ahead. Two recently published studies, both of them by jurists with a European legal background who are at present engaged in the service of a war agency of the …

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

Wills - Soldiers And Sailors - Intent Necessary For Validity, Robert M. Barton S. Ed.

Michigan Law Review

In December of 1941 decedent was a fireman aboard an oil tanker bound for the Dutch West Indies. While discussing the dangers brought about by the war to merchant shipping, he told a shipmate, "Well, if I get lost or anything--I want Mr. Knight and his people to have what I got, insurance and everything." He repeated this desire to his fellow seaman on several other occasions during the course of the voyage. The vessel reached port safely, but several trips later the decedent was drowned when his ship was torpedoed. Knight claimed the estate, alleging that the statement was …

Termination Of War Department Contracts At The Option Of The Government, David A. Goldman

Michigan Law Review

The United States of America has been mobilized and waging war for more than two years. Every device known to science, every resource of the country, every means of production, has been and is being employed to bring the conflict to a successful conclusion. Public funds, in amounts beyond comprehension, have been appropriated for the production of materiel. As of March r943, the War Department alone had outstanding more than 240,000 contracts in the face amount of approximately $75,000,000,000.