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Full-Text Articles in Law

Book Reviews, C D. Allin Apr 1921

Book Reviews, C D. Allin

Michigan Law Review

The Equality of States in International Law. By Edwin De Witt Dickinson. (Cambridge: Harvard University Press, ig"o. Harvard Studies in Jurisprudence, Vol. III.) Pp. ix, 424.


Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard Feb 1921

Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard

Michigan Law Review

The Permanent International Court of Justice - For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League


Retaliation And Neutral Rights, Hessel Edward Yntema May 1919

Retaliation And Neutral Rights, Hessel Edward Yntema

Michigan Law Review

The readjustment of international law to the ever-changing conditions of maritime warfare has always presented problems of extreme difficulty. Particularly is this the case, when, as in the Napoleonic wars and the recent European conflict, belligerents, falling back upon the exceptional plea of necessity, attempt to modify the rights of neutral powers to their own advantage or even to involve them in the conflict. A question of this character, namely, the extent to which a belligerent in pursuing retaliatory measures against 'alleged violations of international law by his opponent, may thereby abridge the admitted rights of neutrals, was raised in …


Sources Of International Law, Charles G. Fenwick Apr 1918

Sources Of International Law, Charles G. Fenwick

Michigan Law Review

International law has clearly reached a drisis in its development. For a period of nearly 300 years preceding the outbreak of the present war international law appeared to the casual observer to have grown steadily and progressively. The student of history was able to point out certain clear and definite advances in the development of the law and assign them to particular dates. Grotius could be pronounced the Father of International Law, and the year 1625, which marked the appearance of his great treatise, could be set as the beginning of the modem period. A noticeable improvement in the law …


War And Law, Charles H. Hamill Nov 1917

War And Law, Charles H. Hamill

Michigan Law Review

Law creates rights. It not merely defines them; it creates them. Without law, one may what he can. With law, one can only that which he may. Law is the device by which the many, individually weak, control and compel the few individually strong or cunning. It is a device by which is reduced nature's handicap in favor of the physically strong and ruthless. Where law obtains, those who are fitted to the system created by the law, as the economically efficient, prevail and survive. In the absence of law, only the strong and cunning can survive.


New Law Of Nations, Joseph Kohler Jun 1917

New Law Of Nations, Joseph Kohler

Michigan Law Review

If the article upon the New Law of Nations had been written by an obscure man for a sensational periodical, it would not have been worthy of serious consideration. It appeared in September, 1915, however, in the ZEITSCHRIFT FUR V6LKERRECHT, generally reputed to be the leading periodical devoted to international law, published in the German language. Its author, Dr. JOsEF Ko.HLER, is generally conceded to be the most distinguished living German jurist. His PHILOSOPHY OF LAW was deemed worthy of translation into English and appeared as Volume 12 of the Modern Legal Philosophy Series.' Dean Roscog POUND has referred.to him …


Status Of The Philippines, George A. Malcolm May 1916

Status Of The Philippines, George A. Malcolm

Michigan Law Review

The mainland included within the boundaries of the United, States proper is now made up of States, and of the District of Columbia, specially created for the national capital. Outside of this compact territory are other units, not States, related in. some manner to the national government.


International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion Apr 1915

International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion

Michigan Law Review

The case of Belgium presents an entirely different aspect both from the legal and the political point of view. While the guarantee of the neutrality of Luxemburg interests---or interested at the time of the signature of the Treaty of 1867 -- France and Prussia only, and the other contracting parties (and particularly Great Britain) acceded to it, to use the "'reluctantly," words of Lord Stanley, that of Belgium had and has an entirely different character so far as England is concerned. It affects her vital interests, namely, her own security. Hence the difference in the wording of the instrument guaranteeing …


International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion Mar 1915

International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion

Michigan Law Review

The International status of the Grand Duchy of Luxemburg and J-of the Kingdom of Belgium, through whose territory the army of Kaiser William II marched, in order, to use the expression of Grotius, "to meet the enemy," has been, since the outbreak of the present European war, the crucial point of discussion between the diplomatists and publicists of the belligerents, each trying to impress upon the neutral public the justice of the cause of their country.


Neutralization Of Belgium And The Doctrine Of Kriegsraison, Jesse S. Reeves Jan 1915

Neutralization Of Belgium And The Doctrine Of Kriegsraison, Jesse S. Reeves

Michigan Law Review

Anything which Professor Niemeyer has to say in the field of International Law is deserving of serious attention. Under his editorial supervision the ZEITSCHRIFT INTERNATIONALES RECHT has become a valuable factor in the development of International Law in Germany. The foregoing article, which recently appeared in the JURISTICHE WOCHENSCHRIFT, has been translated with his consent with a view to its publication in these pages. The leading thought of the article is to arrive at a justification of Germany's failure to observe the Treaty of London of 1839 from the point of view of International Law. He rests his case (1) …


International Law In War, Thomas Niemeyer Jan 1915

International Law In War, Thomas Niemeyer

Michigan Law Review

International Law in War and the International Law of War are two distinct things, and the fact that they are not carefully enough distinguished has been the source -in the present war of certain misunderstandings that are in no way unimportant.


Executive Legislative And Judical Recognition Of International Law In The United States, Charles G. Fenwick Feb 1913

Executive Legislative And Judical Recognition Of International Law In The United States, Charles G. Fenwick

Michigan Law Review

The indefiniteness which attends both the concept and the con- tent of what is known as international law will sufficiently explain why it is difficult to -determine the exact relation which that body of law which regulates the conduct of states bears to the domestic law of each individual state. First of all, jurists are not agreed as to whether international law deserves to be called law in any real sense. The followers of the school of AUSTIN who, restrict law to the category of commands imposed by a political superior upon a political inferior, naturally refuse to recognize the …


International Arbitration, Joseph B. Moore May 1909

International Arbitration, Joseph B. Moore

Michigan Law Review

The history of the race whether considered as one of individuals or as nations has been one of struggle. Did one individual fancy another had done him a wrong, he proceeded to right that wrong himself by the exercise of force. From the day when Cain killed his brother Abel, for many centuries contests between individuals were settled, not as justice dictated, but by brute force. The result was a disorderly condition of society unfavorable to peaceful conditions. In the evolution of the race, when men differed, instead of attempting to settle their differences by force, tribunals were brought into …


An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy Nov 1908

An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy

Michigan Law Review

When we talk of the State, its rights or its structures, we are necessarily led to the inquiry, "What do we mean by the State?" Beginning with the proposition that the State is a composite formed of individuals whose lives are shaped by the life of the whole, it necessarily follows that a perfect understanding of any particular State would involve a knowledge of the characteristics of the members who compose it. This of course is obviously impossible, but the theory underlying States generally is founded upon general human characteristics. So we may take as a basis the great truth …


The Work Of The Second Hague Conference, W. F. Dodd Feb 1908

The Work Of The Second Hague Conference, W. F. Dodd

Michigan Law Review

The second Hague Conference came to an end on October 18, 1907, after sitting for more than four months. In the popular mind the Conference has been dismissed as a failure. No sensational actions were taken, and the quiet and solid work of a group of international lawyers has had little attraction for the general public. It is, however, worth while to make a plain statement of what the Conference did and did not accomplish. The first Hague Conference in 1899 was essentially a peace conference. The question of partial disarmament was put at the head of the Russian program …


Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner Jan 1908

Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner

Michigan Law Review

The International Law Association and Its Last Meeting; The Extent to Which the Action of Medical Boards may be Controlled By Mandamus; The Effect Upon An Illegal marriage of Cohabitiation After the Removal of the Impediment;


Recent Important Decisions, Michigan Law Review Jan 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …


Federal Treaties And State Laws, Charles Noble Gregory Nov 1907

Federal Treaties And State Laws, Charles Noble Gregory

Michigan Law Review

The rights of foreigners, in case of conflict between federal treaties with their several countries and laws enacted by the states, have been recently much considered. Such questions are undoubtedly to be solved by constitutional law under our frame of government, but they so directly affect our international obligations and relations that they are habitually treated as proper topics to be discussed in our best works on International Law.


Japanese School Incident At San Francisco From The Point Of View Of International And Constitutional Law, Theodore P. Ion. Mar 1907

Japanese School Incident At San Francisco From The Point Of View Of International And Constitutional Law, Theodore P. Ion.

Michigan Law Review

The act of the Board of Education of San Francisco in assigning to Japanese pupils separate school buildings, has been the occasion of a diplomatic incident which, although insignificant in itself, may lead to far reaching consequences both in regard to the internal affairs and the external relations of the country. It is neither the first, nor will it probably be the last sign, of the struggle for equality of the yellow with the white man, which may subsequently be emphasized in a more tangible, if not abrupt manner, resulting in a clash between the two races: the one, trying …


Monroe Doctrine Its Status, John F. Simmons Feb 1907

Monroe Doctrine Its Status, John F. Simmons

Michigan Law Review

In 1895. President Cleveland in his message to Congress in regard to what has come to be known as the "Venezuela affair" said the Monroe Doctrine "has its place in the code of international law as certainly and as securely as if it were specifically mentioned." To test the accuracy of this statement we must determine as closely as possible what the Monroe Doctrine is and what is the correct meaning of the term "code of international law." Having settled our definitions the issue will be clearly defined and its discussion possibly profitable.


Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory Jan 1905

Privileges Of Ambassadors And Foreign Ministers, Charles Noble Gregory

Michigan Law Review

The United States receives diplomatic representatives from thirty-seven nations and accredits her representatives to them in return. Six of these on each side are of the highest rank, namely, "Ambassadors Extraordinary and Plenipotentiary," being those received from and accredited to the five great powers of Europe, Austria-Hungary, Germany, Great Britain, Italy and Russia, and to our sister Republic of Mexico. The rest are almost without exception "Envoys Extraordinary and Ministers Plenipotentiary," standing in the second rank of "Les Employés Diplomatiques," to use the term adopted at the Congress of Vienna (1815) where the relative rank was determined which attaches to …


Note And Comment, Michigan Law Review Nov 1904

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;


Russian Raids On Neutral Commerce, Edwin Maxey Nov 1904

Russian Raids On Neutral Commerce, Edwin Maxey

Michigan Law Review

The capture made by the Russian volunteer vessels in the Red Sea and by the Vladivostock fleet off the coast of Japan have revivified the question of the extent to which a belligerent may lawfully go in interfering with neutral commerce. Perhaps no question of international law has been prolific of more disputes than that of neutral rights. The intensity of feeling and desire for advantage incident to war are apt to cause belligerents to overlook neutral rights, and in their zeal to cripple an immediate enemy, to forget that they in turn will become neutrals and be transfixed by …