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Articles 421 - 450 of 451
Full-Text Articles in Law
Book Reviews, Henry M. Bates, Ernest F. Lloyd
Book Reviews, Henry M. Bates, Ernest F. Lloyd
Michigan Law Review
Constitutional Power and World Affairs, Columbia University Lectures, on the George Blumenthal Foundation, for i918, by George Sutherland. New York, Columbia University Press, 1019, pp. vii, 202. This book is one of the most interesting and thoughtful commentaries on certain phases of our Constitution which has appeared in many years. During his two terms in the United States Senate Mr. Sutherland came to be recognized as one of the ablest constitutional lawyers of the country, and his retirement in 1917 was a distinct loss to our public life. The present book is the product not only of exact, scholarly study …
Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake
Book Reviews, Robert T. Crane, Edwin D. Dickinson, Grover C. Grismore, Henry M. Bates, Joseph H. Drake
Michigan Law Review
Among all the writings that have appeared on the problem of preserving the order of world society, the most searching and the most illuminating is Hart's Bulwarks of Peace. Particularly in connection with any consideration of the plan of the Paris Covenant of the League of Nations, it compellingly arrests attention.
Book Reviews, John B. Waite, Edwin C. Goddard, Edwin D. Dickinson
Book Reviews, John B. Waite, Edwin C. Goddard, Edwin D. Dickinson
Michigan Law Review
The purpose of this book is, to quote from the preface, "to present a clear, accurate, and impartial study of the law in the hope of offering assistance to those who are attempting to choose a career or who are about to enter upon the profession. This necessitates a review of the nature of the law, present day legal conditions, personal and educational requirements, the dangers and disadvantages incident to practice, the high professional demands made upon the lawyer, the varied fields of service open to him, his probable earnings and emoluments,--in a word, all that has a distinct and …
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Michigan Law Review
The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'
Retaliation And Neutral Rights, Hessel Edward Yntema
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 …
Book Reviews, Horace Lafayette Wilgus
Book Reviews, Horace Lafayette Wilgus
Michigan Law Review
Handbook of Military Law. By Austin Wakeman Scott, Professor of Law, Harvard University. Cambridge, Harvard University, 1918, pp. vii, 104.
Food And Fuel Control, William Barker Marvin
Food And Fuel Control, William Barker Marvin
Michigan Law Review
In the present war, nationalization of industry and centralization of control have been found necessary to an extent never before attempted. The very vastness of the armies, and of the quantities of munitions and other supplies needed to keep the strength of the armies at its highest point required that the most efficient forms of industrial organization be sought out and utilized. In a nation with a single aim and a single will, that is, in a nation so organized as to wage successfully a modern war; the individual has had to sacrifice much for the good of the whole; …
War Legislation Pertaining To The Army, Alfred A. Gillette
War Legislation Pertaining To The Army, Alfred A. Gillette
Michigan Law Review
At the time we entered the present war, we had approximately 1oo,ooo men actually in the federal service. We were confronted with the problem of raising and training a large army in a short time. There were in general two possible courses of action open before us. The first, which might seem to be the traditional method, was that of voluntary enlistment. But for I number of years, there had-been a growing sentiment among our people that the system of voluntary enlistment was neither right in principle nor in accord with the best interests of the nation. The plan these …
Alien Rights In The United States In Wartime, W C. Hunter
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 …
Who Is An Alien Enemy?, Edson R. Sunderland
Who Is An Alien Enemy?, Edson R. Sunderland
Articles
One Gustav Muller, a native German, resided in England on May 20th, 1915. He had never been naturalized. He owned a leasehold house in England, and on the date just mentioned he executed a power of attorney to one John White to sell this leasehold house and make proper conveyance of the same. Six days later he was permitted by the British Government to return to Germany, and he started the same day, May 26th. He was known to be in Germany on June 11th, but the date of his arrival was unknown. On June 2 the leasehold was sold …
Anglo-Saxon' And 'Teutonic' Standards Of Justice, Edson R. Sunderland
Anglo-Saxon' And 'Teutonic' Standards Of Justice, Edson R. Sunderland
Articles
In The Kaiser Wilhelm II, 230 Fed. Rep. 717, the British shipbuilding firm of Harland & Wolff filed a libel against the steamship Kaiser Wilhelm II, owned by the North German Lloyd, a German corporation, for repairs made on the ship in libelant's shipyard in England. This suit was commenced before the United States entered the war, and the court made an order dismissing the libel on the ground that Great Britain and Germany had each enacted laws forbidding its subjects from making any payments to the subjects of the other, and as these enactments were merely declaratory of the …
The National Army Act And The Administration Of The 'Draft', Henry M. Bates
The National Army Act And The Administration Of The 'Draft', Henry M. Bates
Articles
In Arver v. U. S., and five similar cases attacking the validity of the so-called National Army Act of May 18, 1917, Public Statutes, No. 12, 65th Congress, c. -, - Stat. -. ) the Supreme Court unanimously sustained the validity of the Act so far as attacked. The contention that compulsory military service as provided in the Act is contrary to our fundamental conception of the nature of citizenship, and that such compulsion is repugnant to a free government and in conflict with the guaranties of the Constitution as to individual liberty, the Court disposed of summarily and completely …
British War Cabinets, John A. Fairlie
British War Cabinets, John A. Fairlie
Michigan Law Review
During the progress of the present world war there has been a remarkable series of developments in the British Cabinet and, ministry, involving not only many changes of personnel but also fundamental alterations in the constitution of the Cabinet and its relations to Parliament. An analysis of these is not only of interest as an important phase of the history of the war, and the evolution of political institutions; but is also of value in dealing with problems and proposals for governmental reorganization in the United States.
War And Law, Charles H. Hamill
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.
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
English Law Courts At The Close Of The Revolution Of 1688, Arthur L. Cross
Michigan Law Review
In view of the part which the judges played for a4d against the first two STUARTS, and in view of the grievances of the subject under the law as administered in the ordinary courts 2 -to say nothing of the Star Chamber and the High Commission-it was to be expected that, in the great political and religious upheaval resulting from the Puritan Revolution and the ensuing Civil War, the legal edifice could not remain unshaken. As is well known, one of the early acts of the Long Parliament, in the summer of 1641, was to ab6lish the Star Chambei, the …
Academic Life And The Great War, Henry M. Bates
Academic Life And The Great War, Henry M. Bates
Other Publications
The address of Dean Henry M. Bates on academic life and the war, delivered at the opening of the 1917-1918 University of Michigan Law School year, is the topic of this comment.
Martial Law And The English Constitution, Harold M. Bowman
Martial Law And The English Constitution, Harold M. Bowman
Michigan Law Review
On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.
Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine
Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine
Michigan Law Review
In considering the powers and liabilities of the military in dealing with the citizen, the question of what a subordinate is to do when confronted by a conflict between the law and military orders is a difficult and interesting one. Sections 15 and 16 of the Code (the draft of which is submitted herewith), deal with illegal orders. The general rule is that persons engaged in the military service of the state or nation can find no justification in the illegal orders of a superior officer if such orders are so manifestly illegal that a man of ordinary sense could …
Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine
Qualified Martial Law A Legislative Proposal, Henry Winthrop Ballantine
Michigan Law Review
When it is considered that there has been scarcely a year since the beginning of the Government that the Army has not been called upon to quell disturbances too great for the state authorities to handle; and that during the last thirty-five years the state troops have been called out more than five hundred times, the extent to which we are dependent upon the military are as a police force may be better realized.
International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion
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
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
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
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.
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Robert L. Mayall, Charles A. Wagner, Hester E. Yntema
Michigan Law Review
The Effect of the Carmack Amendment to the Hepburn Act Upon Limitation by Common Carrier of the Amount of their Liability - Two cases, decided by the Supreme Court of the United States on March 10, 1913, may be considered together. They are developments of the cases reviewed in II MICH. L. Rev. 460. Plaintiff shipped two boxes and a barrel of 'household goods" under an agreement that the goods, in case of loss, should be valued at $5 per hundred-weight. One box, weighing not over 200 pounds and actually worth $75, was lost. The Supreme Court of Arkansas affirmed …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Army and Navy--Enlistment of Minor--Discharge; arrest--Authority to Arrest Without Warrant--"In His Presence"--"Within His Immediate Knowledge"; Bankruptcy--The Right of a Wife to Recover an Equitable Claim Against Her Husband's Estate in Bankruptcy; Bankruptcy--Title of Trustee as Against Unrecorded Contract of Conditional Sale--Effect of Amendment of 1910; Banks and Banking--Entry of Deposit for Collection--Insolvency of Banks Agent; Bills and Notes--Stipulations for Attorney's Fees--Validity; Corporations--Sale by Corporation to Sole Stockholder--Notice; Criminal Law--Adjournment of Court to House of a Sick Witness; Criminal Law--Error in Admission of Evidence; Damages--Breach of Contract to Carry Dead Body; Damages--Denial of Recovery for Mental Suffering Under Statute; Equity--Equitable Set-Off …
International Arbitration, Joseph B. Moore
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 …
The Work Of The Second Hague Conference, W. F. Dodd
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 …
Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter
Amenability Of Military Persons To The Laws Of The Land, Charles E. Smoyter
Michigan Law Review
I. To. United States Courts. 2. To State Courts. 3. To Military Courts. General Principles of Amenability-Courts and text writers not unfrequently enunciate as a general principle that military authority is subordinate to civil law. Accepted literally, the broad statement can be sustained by neither law nor precedent. The federal constitution provides for three kinds of military jurisdiction: (a) That known as Military Law, designed to be exercised both in time of peace and war and acquiring its authenticity from the acts of Congress prescribing army regulations and the rules and articles of war, as well as from the established …
War Arbitration And Peace, William Perry Rogers
War Arbitration And Peace, William Perry Rogers
Michigan Law Review
In examining any question which pertains to the welfare of humanity there are two prominent view points from which to start. One is that of the individual being; the isolated man; the unit of society. The other is that of the mass of mankind; the people as a whole; the corporate organization of states and nations. There are those who believe in a God of nations. They believe He guides their destinies in perils of battle, and in great and dangerous emergencies; but they insist that He has little or nothing to do with the affairs of the individual. Conversely, …
Russian Raids On Neutral Commerce, Edwin Maxey
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 …