Law Commons^™

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

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

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

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

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.

Alien Enemies By Operation Of Law, A. P. Gilmore

Kentucky Law Journal

No abstract provided.

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.

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) …

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

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

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

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 …

Convention For The Peaceful Adjustment Of International Differences, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

An International Prize Court, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

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

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

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 …

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Ii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Vi, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. I, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Iv, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Iii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. V, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Viii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Some Questions Of International Law Arising From The Russo-Japanese War, Pt. Vii, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

The Venezuelan Affair In The Light Of International Law, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Rhode Island Privateering In The Revolution, Bailey J. Cornell

Student and Lippitt Prize essays

An essay which chronicles how privateering activities came about in Rhode Island during the Revolution and the constructive influence in ending the fighting, while also aiming to convince the reader that privateering was a lawful act, not simply “licensed piracy”.

Military Law: Should Military Personnel Be Court-Martialed For Offenses That Are Not Service-Connected?, Gerald A. Williams

Oklahoma Law Review

No abstract provided.

The North-West During The Revolution: Annul Address Before The State Historical Society Of Wisconsin, Charles I. Walker

Books

No abstract provided.

The Bible Against War, Amos Dresser

Historical Quaker Books

This book discusses the Bible's objections to war.

252 pages, 15 cm.