Digital Commons Network^™

Legal Doctrine, War Power, And Japanese Evacuation, Richard F. Wolfson

Kentucky Law Journal

No abstract provided.

Just War-A Legal Concept?, Arthur Nussbaum

Michigan Law Review

During the century preceding the First World War the topic of "just war," frequently and intensely treated in earlier periods, had almost disappeared from the writings on international relations. Since the end of the war, however, the issue has been revived by writers within and without the legal profession. The present article purports, principally by an inquiry into its historical background, to determine its legal relevance.

"Enemy" Under The Trading With The Enemy Act And Some Problems Of International Law, Samuel Anatole Lourie

Michigan Law Review

When the United States entered this war and even before, it was evident that the measures and definitions of the Trading with the Enemy Act of October 6, 1917, were obsolete instruments with which to cope, in economic and psychological warfare, with such dangerous enemies as the Axis, particularly Germany. Germany's preparations and planning for the war date back two decades, but took on intensified and conspicuous form only after the access of the Nazis to power.

In all types of warfare numerous weapons, devices and means are openly or secretly used. "Camouflage" is not the exclusive domain of military …

The Trading With The Enemy Act, Samuel Anatole Lourie

Michigan Law Review

The purpose of this paper is to discuss two aspects of the Trading with the Enemy Act of October 6, 1917: (1) The evolution of the T.E.A. through legislative enactments and executive orders; (2) Some problems of constitutional and administrative law raised by the last amendment to the act.

Freezing Of Labor In Wartime, James Gay

Washington Law Review

Regardless of the institutional or political structure of the countries engaged in modem warfare, competition for manpower among the armed forces, agriculture and industries creates labor shortage problems which, of necessity, must be solved by similar methods as long as the total amount of human resources is limited. A cursory glance at the wartime labor legislation of Great Britain, Canada, the U.S.S.R., and Germany shows that the means of coping with the steadily increasing labor shortage are on the whole similar in all four countries. Recent developments in the field of manpower allocation and wage freezing in the United States, …

Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling

Michigan Law Review

The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …

Military Commissions: Trial Of The Eight Saboteurs, Myron C. Cramer

Washington Law Review

When your President asked me to talk about something and gave me the choice of subjects, I really didn't know just what to select. I much would have preferred that he would have told me what he would like to have me talk about, but being this is a lawyers' meeting and being that we have been through the trial of the eight saboteurs in Washington, I thought that probably you ladies and gentlemen would be interested in the legal aspects of that trial. Now, I have got to say at the outset that so far as the facts are …

The Social Problem: Legal Principles Involved In Its Solution, Connor D. Ross

Indiana Law Journal

No abstract provided.

History Of Selective Service

Indiana Law Journal

Legal Aspects of the Selective Service Act

Religious Deferments

Indiana Law Journal

Legal Aspects of the Selective Service Act

"Educational Deferments"

Indiana Law Journal

Legal Aspects of the Selective Service Act

Neutral Convoys In Law And Practice, Benjamin Akzin

Michigan Law Review

The following study, based on law and past practice, aims at clarifying the status of neutral convoys in relation to the problem of convoying American supplies to Great Britain in the present war as it stood under the Neutrality Act of 1939. The question at issue touches both upon international law and American constitutional law. Both these aspects are investigated in the following pages.

Neutrality And The European War 1939-1940, Josef L. Kunz

Michigan Law Review

Obviously it is still impossible and will be impossible for some time to make a definitive legal research into the problem of neutrality during the present European war. Most important facts and documents are still unpublished, inaccessible or shrouded in the fog of contradictions and propaganda. The duration and the outcome of the war are still uncertain and nobody can foresee what type of world will emerge from this war and what the future of neutrality in this type of world will be.

National Defense And Individual Liberties, Wilbur G. Katz

Indiana Law Journal

Dean Wilber G. Katz, University of Chicago Law School at the annual banquet of the Indiana State Bar Association, Fort Wayne, August 24, 1940.

Martial Law And Habeas Corpus, John H. Hatcher

West Virginia Law Review

No abstract provided.

The Legality Of The Arms Embargo Repeal, Amry Vandenbosch

Kentucky Law Journal

No abstract provided.

Corporate Nationality And The Neutrality Law, Paul Weidenbaum

Michigan Law Review

Even a superficial reading of the neutrality law indicates that certain problems of corporate entity and nationality are of utmost importance for its future working. This act seeks to give protection from certain real or assumed dangers. The problem arises whether such purpose cannot be wholly frustrated by the simple means and ways afforded by incorporation. This problem has never been hidden.

Constitutional Law-Police Power-Compulsory Military In Land Grant College

Indiana Law Journal

No abstract provided.

Naturalization Proceedings--Oath Of Allegiance--Mental Reservations As To Bearing Arms, Henry P. Snyder

West Virginia Law Review

No abstract provided.

The Universal Draft And Constitutional Limitations, Joseph M. Cormack

Faculty Publications

No abstract provided.

Treatment Of Alien Enemy Property In War Time And After By The United States, Rex M. Potterf

Indiana Law Journal

No abstract provided.

The United States "War Power" And Limited Government, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

The New Law Of Nations, Edwin D. Dickinson

Articles

"In these disillusioned years which are the aftermath of the World War the law of nations has come to be regarded in many quarters with a kind of sophisticated skepticism. It is freely asserted that the law has proved a futile reliance, that it has broken down, and it is asked--with an air of unbelief too obvious to be misunderstood--What is there that is ever likely to be done about it?"

The Effect Of Martial Law Upon The Soldier's Liability To The Citizen

Michigan Law Review

The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?

War Crimes, Elbridge Colby

Michigan Law Review

Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that …

War Crimes, Elbridge Colby

Michigan Law Review

It is not necessary to enumerate exactly what may now be considered war crimes or violations of the laws of war. The list will change from time to time, by the addition of new offences and the omission of those now so considered. Most of the Hague Conventions and rules and regulations are sufficiently well furnished with the signatures of world wide plenipotentiaries and adequately ratified to insure of their being accepted as international law on the points covered. There are only a few exceptions. In general the precepts are valid. Indeed, most modern writers on international law, when they …

International Law, Edwin D. Dickinson

Reviews

Professor Dickson reviews "International Law," by C. G. Fenwick, noting that there are many such books available on the topic: monographs, casebooks, digests, collections of documents etc. He finds some of the material worthy of passing criticism and notes that "The chapters vary somewhat in quality and quantity." But Dickinson also praises "the fine tone of impartiality which makes it possible to present matters both recent and controverted in the restrained and temperate manner of the true scientist."

Review Of International Law And Some Current Illusions And Other Essays, By J. B. Moore, Henry M. Bates

Reviews

Professor Bates writes: "Most timely ... is the publication of this volume of papers by the most distinguished and the most widely experienced American scholar in the field of international law....

"Judge Moore is a firm believer in the so-called 'equality of nations' and contends that an association based upon any other theory merely invites trouble. Nor does he believe that force can be safely relied upon to preserve international peace....

"The book is of very great value. Every page of it compels thinking and reflection; moreover it is good reading even for the uninitiated...."

The Occupation Of Michigan, Elbridge Colby

Michigan Law Review

The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.

Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham

Michigan Law Review

One of the outstanding results of the Great War, as regards international law, has been the tendency to question the bases of that law and to subject almost every portion of it to a minute examination, to determine its adequacy in governing effectively the relations of states to each other. This wholesale questioning has not confined itself merely to the laws of war and of neutrality-open as most of them may be to objection as a result of the practices in the course of the war-but also to the international law of peace, as regards the doctrine of the equality …