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Henkin: Arms Control And Inspection In American Law, Eric Stein

Michigan Law Review

A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup.

The Supreme Court-October 1959 Term, Bernard Schwartz

Michigan Law Review

A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …

Constitutional Law--Court-Martial--Jurisdiction Over Civilian Dependents And Employees, A. M. P.

West Virginia Law Review

No abstract provided.

Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood

Michigan Law Review

A retired naval officer was charged with violations of the Uniform Code of Military Justice based upon acts of sodomy occurring after his retirement. At arraignment he challenged the jurisdiction of the military tribunal on the ground that Article 2(4) of the U.C.M.J., providing for court-martial jurisdiction over retired servicemen, contravenes the Fifth Amendment. The court-martial and the board of review overruled this objection, and the accused was convicted and sentenced. On appeal, held, while jurisdiction is proper, reversed on other grounds for further proceedings. A retired member of the armed forces who is entitled to pay is a …

Court-Martial Jurisdiction Of Civilian Dependents

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith

Michigan Law Review

Defendants, civilian wives of servicemen living overseas, were tried and convicted of murder by military court-martial under article 118 of the Uniform Code of Military Justice. Their trials took place in the countries where they were living with their husbands. Defendants brought petitions for a writ of habeas corpus challenging the constitutionality of article 2(11) of the Uniform Code authorizing their trials by court-martial. Initially the United States Supreme Court rejected this contention. On rehearing, held, reversed, two justices dissenting. The guarantee of the right to jury trial contained in article 3, section 2, and the guarantees of the …

Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilians, Whitmore Gray S.Ed.

Michigan Law Review

During the past term the Supreme Court decided three cases involving the constitutionality of court-martial jurisdiction over certain groups of civilians. In United States ex rel. Toth v. Quarles the Court held that Congress could not constitutionally provide for military trial of a discharged serviceman for offenses committed during his term of service. In two subsequent cases the Court rejected the contention that the Toth decision announced a principle applicable to any exercise of jurisdiction over civilians by the military courts in upholding the provisions of the Uniform Code of Military Justice for military jurisdiction over civilian dependents accompanying American …

Book Reviews, Ralph C. Barnhart, Leonard F. Manning, Coleman Karesh, Wilfred J. Ritz, Edward J. Freeman, Thomas Broden Jr., E. C. Bolmeier, A. Kenneth Pye, Philip K. Yonge, Joseph T. Tinnelly C.M., Thomas I. Emerson

Journal of Legal Education

No abstract provided.

The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Book Reviews, Robert J. Harris, Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)

Vanderbilt Law Review

Book Reviews

American Constitutional Law By Bernard Schwartz Cambridge:Cambridge University Press, 1955. Pp. xiv, 364. $5.00

reviewer: Robert J. Harris

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The Development of Academic Freedom in the United States By Richard Hofstadter and Walter P. Metzger New York: Columbia University Press, 1955. Pp. xvi, 527. $5.50

Academic Freedom in Our Time By Robert M. MacIver New York:Columbia University Press, 1955. Pp. xiv, 329. $4.00

reviewer: Charles B. Nutting

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Military Justice in the United States

By Robinson 0. Everett

Harrisburg: Military Service Publishing Company, 1956. Pp. 338

reviewer: Daniel Walker

Toth V. Quarles -- For Better Or For Worse?, William R. Willis Jr.

Vanderbilt Law Review

In summary, it would appear that the Supreme Court, through the Toth decision, has created a situation that bears a potentiality of injustice and social detriment completely out of proportion to that feared from the provisions in the Uniform Code of Military Justice unhesitatingly declared unconstitutional. If the Court had adopted a practical and realistic approach to the problem, comparing the rights of the individual under both the constitution and military law, and visualizing the problem created by its present decision, the result could have been different. Now, Congress must attempt remedial action and determine the method of cure that …

Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing

Michigan Law Review

A doctor, drafted into the Army as a private by authority of the Doctors Draft Law, exercised his constitutional privilege against self-incrimination in refusing to complete a loyalty certificate required for a military commission. The Army refused to grant the commission. In a prior habeas corpus proceeding, he had been ordered discharged unless granted the commission. Since the Army intended to grant the discharge under conditions other than honorable, the doctor sought an injunction to compel prompt honorable discharge. Held, injunction granted. Exercise of the constitutional privilege in refusing to complete a loyalty certificate could not be considered a …

Constitutional Law - Due Process - Scope Of Inquiry In Habeas Corpus Petitions From Military Prisoner, Eugene Alkema

Michigan Law Review

Petitioners, military personnel, were convicted by courts martial of rape and murder. After exhausting military appellate remedies, they petitioned federal civil courts for writs of habeas corpus on the ground that they had been convicted in proceedings denying them basic constitutional rights. The petitions were denied. On appeal, held, affirmed, two justices dissenting. When the record shows that military courts have fairly considered all of the allegations of the petitioners and have found no denial of constitutional rights, civil courts in habeas corpus proceedings will not hear evidence on the merits of the allegations. Burns v. Wilson, 346 …

Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep

Michigan Law Review

This article is directed to the question of the power of Congress to provide for such regulation of those who handle radioactive materials in private industry and not to the policy question of whether Congress ought to attempt such regulation.

Aliens - Naturalization - Netural Aliens Who Sought Relief From Military Service Barred From Becoming United States Citizens, John Houck S.Ed.

Michigan Law Review

During World War II, an alien who was a citizen or a subject of a neutral country was allowed to escape service in the armed forces of the United States by signing Selective Service Form DSS 301. A release thus obtained carried with it a disability ever to become a citizen of the United States. A substantial number of neutral aliens availed themselves of this relief from military service. Today, the courts are faced with the problem of whether signing Form 301 shall in every case prevent the alien from becoming a citizen. It is the purpose of this comment …

Constitutional Law-Eminent Domain-Destruction Of Private Property To Prevent Enemy Capture, John F. Spindler S.Ed.

Michigan Law Review

Respondent oil companies owned terminal facilities in Manila at the time of the Japanese attack on the Philippines. The terminals were destroyed by the United States Army as the Japanese entered the city. Although the Army had requisitioned oil from the terminals prior to their destruction, respondents were bound by the decision of the court of claims to the effect that prior to December 27, 1941, when respondents were notified that the terminals themselves were requisitioned for the purpose of destruction, there had been no taking within the meaning of the Fifth Amendment. The court of claims allowed recovery on …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Constitutionality of Group Libel Statute

Federal Employers Liability Act--Liability for Employment of Man with Violent Tendencies

Federal Jurisdiction--Diversity Jurisdiction and the Multi-State Corporation

Federal Jurisdiction--Erie Railroad Doctrine Extended to State-Created Rights Arising under Special Federal Question Jurisdiction

Labor Law--Picketing--Injunction against Breach of Bargaining Agreement

Landlord and Tenant--Exculpatory Agreement--Effect on Right of Subrogation of Landlord's Insurer

Military Law--Failure to Instruct as Prejudicial Error

Military Law--Infiltration of Command Influence as General Prejudice

Trusts--Distribution of Stock Dividends between Life Tenant and Remainderman

Constitutional Law-Eminent Domain-Government Seizure Of Business Property To Avert Strike As A "Taking" Under Fifth Amendment-Amount Of Wage Increase As Measure Of "Just Compensation", John F. Spindler

Michigan Law Review

In 1943, in an attempt to end a strike of the United Mine Workers which threatened the national war effort, the Government, acting under an executive order directing the Secretary of the Interior to take possession of the mines where necessary, seized most of the nation's coal mines. Although mine officials were required to agree to conduct operations as agents of the Government, to keep separate books for the period of government operation, to fly the American Flag over the mines, and to post notices that the mines were "United States Property," they were instructed to carry on the mining …

International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed.

Michigan Law Review

Plaintiff, a Hawaiian corporation, brought suit under section 9 of the Trading with the Enemy Act for the return of real and personal property vested in 1948 under authority of section S(b). Evidence was introduced to show that plaintiff's members were largely alien Japanese; that, prior to December 7, 1941, plaintiff operated what purported to be a Shinto shrine in Honolulu where three Japanese gods were worshiped; that the shrine looked like a Shinto shrine and was in some respects operated like one. It was further shown that plaintiff's members had no real understanding of the tenets of Shintoism as …

Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.

Michigan Law Review

The airspace above land is the object of at least five conflicting claims of right. The owner of the land beneath it claims the right to use it and at least a limited right to prevent its use. The aviator demands the right to fly through it. The airport operator, whether governmental agent or private individual, has an interest in keeping it free from obstructions. The state claims sovereignty over it. The federal government claims the power to control it for the purposes of interstate commerce as well as international relations.

Constitutional Law-Martial Law-Trial Of Civilians By Military Tribunals In Hawaii, Robert Cardon

Michigan Law Review

On the day of the attack on Pearl Harbor, the Governor of Hawaii suspended the writ of habeas corpus and declared martial law in that territory, acting under authority of the Organic Act of Hawaii. At the Governor's request, the Commanding General of the Hawaiian Department of the Army proclaimed himself Military Governor of the Islands, and established military tribunals to try all violations ,of existing federal laws and military regulations thereafter to be promulgated. The following day all civil courts were closed, and the next day the President approved the Governor's action. One week later, the law courts were …

Constitutional Law - Intergovernmental Immunities - Statutory Construction-Applicability Of Price Control Legislation To Sales By States, John F. O'Connor

Michigan Law Review

The Administrator, Office of Price Administration, brought action against the Commissioner of Public Lands of the State of Washington to enjoin the sale of timber on state school lands at a price in excess of that fixed by Price Regulation No. 460, implementing the Emergency Price Control Act. The lands were granted to the state for the support of common schools by the Congressional Enabling Act which admitted Washington to the Union. The state law required the sale of such timber to the highest bidder. On certiorari from the circuit court of appeals which reversed a judgment of the district …

Constitutional Law-Trial By Military Commission Of Enemy Combatant After Cessation Of Hostilities-Scope Of Inquiry In Habeas Corpus Proceedings, L. B. Brody S.Ed.

Michigan Law Review

Petitioner, the Commanding General of the Fourteenth Army Group of the Imperial Japanese Army in the Philippine Islands, surrendered to and became a prisoner of war of the United States Army Forces in Baguio, Philippine Islands on September 3, 1945. By order of respondent, petitioner was served, on September 25, with a charge setting forth a violation of the law of war. On October 8 petitioner, after pleading not guilty to the charge, was held for trial before a military commission of five Army officers appointed by General Styer, and a bill of particulars was filed by the prosecution specifying …

Ex Parte Milligan V. The Five Companies: Martial Law In Hawaii, John P. Frank

Articles by Maurer Faculty

No abstract provided.

Military Trial Of Saboteurs

Indiana Law Journal

Notes and Comments: Constitutional Law

Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling

Michigan Law Review

The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …

Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter

Michigan Law Review

Under the terms of the Agricultural Adjustment Act of 1938, the Secretary of Agriculture is authorized, whenever it appears that the nation's wheat supply will exceed a certain amount, so to proclaim and to put into effect a marketing quota. A referendum must be conducted among the farmers, and if more than one-third oppose, the operation of the quota must be suspended. In July, 1940, the appellee was given notice of an allotment for his 1941 crop. This notice preceded his fall planting of that crop, and another notice a year later preceded its harvesting. The amendment of May 26, …

Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson

Michigan Law Review

Plaintiff, Price Administrator, sought to enjoin defendants from selling rubber tires and tubes to consumers without tire rationing certificates as required by the tire rationing regulations. Defendants contended that the regulations were void under the Fifth Amendment as taking of property without due process of law and without just or any compensation. Held, judgment for plaintiff. The tire rationing regulations, a proper exercise of the war powers vested by Congress in the President or some duly constituted department, agency, or officer of the federal government, are not in contravention of the prohibition of the Fifth Amendment against the taking …

Due Process And The Wartime Draft Of Manpower, Clyde L. Colson

West Virginia Law Review

No abstract provided.