Law Commons^™

Recent Developments In The Deportation Process, Reuben Oppenheimer

Michigan Law Review

The process under which the United States, through the Department of Labor, deports aliens found to be unlawfully in this country is one of the oldest in American administrative law. It is also one of the most interesting, for this process deals almost entirely with persons as contrasted with property, and its development has been largely unimpeded by court decisions.

International Law-Expatriation-Citizenship Of Child Lost By Removal And Expatriation Of Father

Michigan Law Review

Petitioner, a native-born American woman, was taken to Canada by her father who became naturalized there while she was still a minor. Petitioner later married a British subject and seeks naturalization here under a statute authorizing this to American women who have lost their citizenship through marriage to an alien. A treaty in force between the United States and Great Britain provided that persons naturalized according to Canadian law should lose American citizenship. The Canadian statute provided that if the father became naturalized, his minor children should, "within Canada," be deemed Canadian subjects. Held, that petitioner had not lost her …

Aliens-Right Of Illegally Present Alien To Sue-Tortsplaintiff's Violation Of Statute

Michigan Law Review

The plaintiff was injured when struck by an automobile operated on the public way by defendant Long. He brought two suits in tort, one against Long, the other against Adamski, the owner of the car. Defendants contested his right to sue on the ground that he was in the country admittedly in violation of the immigration laws. They offered the further objection that his illegal presence made him a trespasser on the highway, and hence, under the Massachusetts doctrine, he was ineligible to maintain a suit arising from mere negligence. Held, plaintiff's unlawful residence in the country was no …

Activities Of The Committee On American Citizenship

Indiana Law Journal

No abstract provided.

Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason

Michigan Law Review

This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.

Report On Crime And The Foreign Born, Joseph Cohen

Michigan Law Review

That the foreign born, more than the native born, tend to run afoul of the law, especially with respect to the more serious offenses, is a popular doctrine which critical opinion in the field of criminology has long been inclined either to qualify as to essential details or to contradict in toto. Twenty years back the Federal Immigration Commission reported that all the evidence then available indicated a lesser criminality on the part of the immigrant group as a whole. Succeeding studies have supported this conclusion. That an adverse view of the foreign born should persist in the face of …

Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant

Michigan Law Review

In two recent cases, the Supreme Court has held that citizenship must be denied an applicant who is unwilling to promise unreservedly to bear arms in defense of the United States. One applicant, Douglas Clyde Macintosh, a Professor of Divinity in Yale University, who served for four years in France during the World War, stated that due to religious convictions he was unable to promise beforehand to fight unless, in his own opinion, the war was morally justifiable and in the best interests of humanity. The other, Marie Averil Bland, a minister's daughter who served as a nurse in the …

Recognition Cases In American Courts, 1923-1930, John S. Tennant

Michigan Law Review

Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …

Aliens-Probationary Period In Naturalization

Michigan Law Review

The petitioner, a Norwegian, who was awaiting a final hearing upon his petition for naturalization, married a Norwegian woman in Windsor, Ontario, believing that their marriage would make it possible for her to enter the United States. Upon application to the American consul they were advised that she would have to wait for a vacancy under the Norwegian quota. The wife could speak no English, they had little money, and the husband believed that his employment depended upon his immediate return to Detroit. In desperation they hired a boat and crossed the St. Clair River to the United States where …

Aliens-Naturalization-Doctrine Of The Schwimmer Case

Michigan Law Review

Applicant, a minister's daughter, and a nurse during the world war, refused to take the oath prescribed by the Commissioner of Naturalization, since her religious scruples forbade her personally bearing arms. Another applicant, a professor of divinity at Yale University, and a chaplain in the Canadian army during the war, stated that, in view of religious convictions he was not willing to bear arms, unless in his own opinion war was ,necessary and in the best interests of humanity. The district courts denied both applications. On appeal, the circuit court of appeals for the second circuit reversed both decisions. Held …

Aliens-Opinions And Beliefs As Affecting True Faith And Allegiance

Indiana Law Journal

No abstract provided.

The Rights And Duties Of Aliens Within National Boundaries, Boyd L. Bailey

Kentucky Law Journal

No abstract provided.

The Meaning Of Nationality In The Recent Immigration Acts, Edwin D. Dickinson

Articles

Professor Dickinson's commentary on the quotas involved in the Immigration Act of 1921 and of 1924. "Until the more recent enactment the meaning of nationality was obscured in a curious ambiguity ... the Act of 1921 made nationality the basis of the quote plan....

"Whether nationality was used in the scientific sense, however, meaning the character created by allegiance to a recognized nation or state, or whether its significance was arbitrary, referring only to such groupings as might be arranged by census makers or other such administrative officials, remained to be determined by judicial construction."

Professor Dickinson then narrates how …

Alien Rights In The United States In Wartime, W C. Hunter

Michigan Law Review

The large number of aliens in the United States presents one of the many problems with which the Government has had to deal in the present war. Technically every immigrant from Germany and Austria-Hungary who has not taken out papers of naturalization and who therefor still owes allegiance to the Fatherland is an enemy alien. But while the great majority of these aliens are naturally sympathetic with German war aims, or at least are not ready to give their wholehearted support to the Allies, they are not a source of danger to the United States. Only a small section have …

Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla

Michigan Law Review

The recent contention between the Federal Government and the state of California over the anti-alien land measure raised anew the question as to the conflict of state action with treaty stipulations. It is a problem which, under our constitutional system, may arise at any time and demand an individual solution in every instance. The dilemma which has presented itself repeatedly in American history is this: the states have the reserved right to provide for their public welfare and may exercise their police powers even against a foreign country, while to the Federal Government has been delegated the exclusive jurisdiction over …

Note And Comment, Dean L. Lucking, Paul P. Farrens, George E. Brand, Walle W. Merritt, Albert E. Merder

Michigan Law Review

Concealing a Secret Trust by Making an Absolute Testamentary Gift to Testator's Solicitor; Conflict of State and Federal Regulations of Interstate Commerce Before the Latter Becomes Operative; Adverse Possession by an Alien and the Effect of Statute Removing an Alien's Disability to Inherit; The Rescission of a Pre-Corporate Contract on the Ground of Promoter's Fraud; When is an Agreement "Not to be Performed Within a Year"

Note And Comment, Horace Lafayette Wilgus, John R. Rood

Michigan Law Review

Power of the Governor General to Expel Resident Aliens from the Insular Territory of the United States; Confusion of the Doctrine of Estoppel with that of Bona Fide Purchase for Value without Notice; The Way of the Transgressor is Easy; Duty of the Mortgagee to Give Notice and Proff of Loss Under Standard Policy

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Appeal and Error--Meaning of "Person Aggrieved"; Bankruptcy--dower Rights of Bankrupt's Wife; Bankruptcy--Mechanic's Lien--Set Off; Bills and Notes--Usury--when note is Void as to Both Principal and Interest; Boundaries--Meander Line--Riparian Rights; Citizenship--Marriage of Alien Woman to a Citizen--Naturalization; Constitutional law--Constitutionality of Office of Supreme Judge--Construction of State Constitution; Constitutional Law--Full Faith and Credit--Chancery Power to Affect Foreign Property; Constitutional Law--Police Power--License and Registration of Automobiles; Contracts--Restraint of Trade--Limitation as to Time; Damages--Breach of Warranty of Title--Attorney's Fees and Costs; Deeds--Support and Maintenance as Consideration--Condition Subsequent; Evidence--Crimes Affecting Credibility of Witnesses; Evidence--Letters Between Husband and Wife--Not Privileged in Hands of Third Parties; Husband …

Letter From Roland P. Falkner To Francis Mairs Huntington-Wilson, November 21, 1909, Roland P. Falkner

Immigration

The document is a handwritten letter from Roland P. Falkner to Francis Mairs Huntington-Wilson concerning a paper on increased restriction of immigration.

Note And Comment, Richard E. Simmonds Jr., Robert T. Hughes, Ralph W. Doty

Michigan Law Review

The Law School--President Angell on Larger Preliminary Requirements--Faculty Changes--Enrollment; A Misleading Opinion as to the Defense of Non-Delivery of a Negotiable Instrument in an Action by a Holder in Due Course; Qualifications of Aliens for Naturalization; Fright Without Physical Impact but Resulting in Physical Injury; Noncompliance with Statutory Requirements as a Defense to Suits Brought by Foreign Corporations Where the Irregularity Has Been Cured Subsequently to the Institution of the Suit; In Absence of Proof What is the Presumption as to the Law of a Country not of Common Law Origin

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

Letter From Charles Nagel To Francis Mairs Huntington-Wilson, April 30, 1909, Charles Nagel

Immigration

The document is a typed letter from the Secretary of Commerce and Labor Charles Nagel to the Assistant Secretary of State concerning a memorandum on immigration.

Memorandum From Alvey A. Adee To Francis Mairs Huntington-Wilson, April 13, 1909, Alvey A. Adee

Immigration

The document is a typed memorandum from the Second Assistant Secretary of State to Francis Mairs Huntington-Wilson on the topic of immigrant laborers and the need for regulations and conditions imposed by a special Department of Labor.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners--Excavations--"Contiguous" Structures; Aliens--Naturalization--Persons of Japanese Race--"White Persons"; Bankruptcy--Suit by Trustee--Recovery of Property Transferred by Bankrupt; Carriers--Duty to Person Riding on Engine; Carriers--Through Contract--Liability of Connecting Carriers; Color of Title as Extending Possession of Adverse Claimant--Deed to Claimant's Vendor; Constitutional Law--Due Process of Law--White and Negro Pupils; Constitutional Law--Interstate Commerce--Power of Congress to Regulate; Constitutional Law--Secret Societies--Unauthorized Wearing of Badges; Conversion--Time of Conversion--Pledges--Assertion of Title; Corporations--Stockholder's Liability--Enforcement in Other States; Damages--For Interference with Employment--Mental Suffering an Element; Dedication--Acceptance--Ordinance Fixing Grade; Deed--Acknowledgement Taken by Officer and Stockholder of Corporation Grantor; Deeds--Building Restriction--"Front Property Line" of Corner Lot; Deeds--Restrictive Covenant--Electric Light Station …

Note And Comment, Harry B. Hutchins, Frank L. Sage, Ralph W. Aigler, T. Harry Slusser, George Gardner

Michigan Law Review

American Bar Association Meeting; Disbarment or Suspension of Attorney; Is the Property Owner Negligent if He Fails to Exercise Reasonable Care to Prevent an Injury to An Infant Trespasser?; Liability of Water companies for Losses by Fire; Evidence in Deportation Proceedings Under the Act of congress of May 5th, 1892; Duty of a Bank to a Surety to Apply Funds of a Principal Debtor to Satisfy a Debt Due the Bank;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …

Note And Comment, Michigan Law Review

Michigan Law Review

Lawyers and Jurists at the Exposition; Convention of the Commercial Law League of America; The Philippine Island Cases in the Supreme Court of the United States; The Writ of Habeas Corpus in Chinese Exclusion Cases; What is a "Crime" Within the Meaning of the Constitution?; Due Process of Law; Winding up Proceedings; Literary Criticism and the Law of Libel; The New Japanese Civil Code;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Preferential Payment--Recovery by Trustee; Carriers--Passengers--Derailing of Train; Constitutionality of Statute--Guaranty of Freedom of Speech--Immigration--Exclusion of Anarchists; Constitutional Law--Civil Rights--Power of Congress-Conspiracy Against Negroes; Corporations--Execution of Corporate Conveyances; Damages--Assault and Battery--Inadequacy of Verdict; Damages--Recovery for Mental Anguish Caused by Suffering of Another; Deeds--Statutory Words--Implied Covenants; equity--Injunctions--Restraint of Trade--consideration and Clearness of Contract; Equity--Injunction--Restraint of Trade--Consideration and Clearness of Contract; Foreign Administrator--Collection of Assets--Rights of Domestic Administrator; Highway--License--Defective Bridge--Liability of Owner; Husband and Wife--Bills and Notes--Intermarriage of Parties; Husband and Wife--Separate Property of Wife--Mortgage--Validity; Insurance--Mutual benefit Societies--forfeiture of Membership in a Religious Order; Judgments--Judicial Errors--Correction at Subsequent Term; Justice Court Judgment--Execution--Transcript--Filing in …

Note And Comment, Michigan Law Review

Michigan Law Review

Is Commerce Between a State and a Territory Interstate Comerce?; Right of Court to Instruct upon the Failure of Defendant to Testify in a Criminal Action; The Last of the Kentucky Bank Cases, and the Relations Between the State and Federal Courts; The Last of the Kentucky Bank Cases--Federal Tax Judgementss in STate Courts; Power of the Court to Order a Physical Examination in Personal Injury Cases; The Porto Rican is not an Allien; Mimicry as Infringement of Musical Composition;