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Review Of International Law And Some Current Illusions And Other Essays, By J. B. Moore, Henry M. Bates

Reviews

Professor Bates writes: "Most timely ... is the publication of this volume of papers by the most distinguished and the most widely experienced American scholar in the field of international law....

"Judge Moore is a firm believer in the so-called 'equality of nations' and contends that an association based upon any other theory merely invites trouble. Nor does he believe that force can be safely relied upon to preserve international peace....

"The book is of very great value. Every page of it compels thinking and reflection; moreover it is good reading even for the uninitiated...."

Permanent Court Of International Justice, Edwin D. Dickinson

Reviews

"The author of this volume of collected papers and addresses is well known as the Bemis Professor of International Law in Harvard Law School, sometime member of the Legal Section of the Secretariat of the League of Nations, and the most efficient advocate of the new Permanent Court of International Justice in America. His enterprise as an advocate is sufficiently attested by the fourteen brilliant papers reproduced in this volume and the nine other titles of similar nature listed in the bibliography, all of them produced during the last three years....

"The exceptional timeliness of the book and the quality …

International Political Questions In The National Courts, Edwin D. Dickinson

Articles

"Much has been made of the principle, in England and America, that international law is part of the national law to be applied by national courts in appropriate circumstances. As Mr. Justice Gray has expressed it, in the Paquete Habana: 'International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as question of right depending upon it are duly presented for their determination...'

This principle is useful, where it is applicable, but it is subject to limitations which are sometimes inadequately appreciated ..."

Contracts With The United States, Grover C. Grismore

Michigan Law Review

It has been settled since a comparatively early day in the history of our government that "the United States being a body politic, may, within the sphere of the constitutional powers confided to it, and through the instrumentality of the proper department to which those powers are confided, enter into contracts not prohibited by law, and appropriate to the just exercise of those powers." While this proposition became established without much of a struggle, it has not been so freely admitted that such contracts are to be given the same construction and effect as the contracts of individuals. In Smoot's …

The Occupation Of Michigan, Elbridge Colby

Michigan Law Review

The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham

Michigan Law Review

One of the outstanding results of the Great War, as regards international law, has been the tendency to question the bases of that law and to subject almost every portion of it to a minute examination, to determine its adequacy in governing effectively the relations of states to each other. This wholesale questioning has not confined itself merely to the laws of war and of neutrality-open as most of them may be to objection as a result of the practices in the course of the war-but also to the international law of peace, as regards the doctrine of the equality …

Prize Cases Decided In The United States Supreme Court, 1789-1918, Edwin D. Dickinson

Reviews

"It seems something of a paradox that our first and only complete collection of Supreme Court prize decisions should be published at last under the auspices of an endowment for international peace... And it has been the admirable purpose of the Carnegie Endowment to promote peace by rendering more available all authoritative sources of information about international affairs.

"There is more in common, indeed, between peace and prize cases than a mere matter of contact with international affairs. The development of international law, both as a general system and as a part of municipal law, has been developed by prize …

The Permanent International Court Of Justice

Michigan Law Review

The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …

Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes

Michigan Law Review

Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

A Guide To Diplomatic Practice, Edwin D. Dickinson

Reviews

"Sir Ernest Satow's Guide to Diplomatic Practice was first published in 1917. It was the first systematic treatise on the practice and procedure of diplomacy to be printed in the English language, covering a field already occupied in other languages....

"...[T]he author compiles a wealth of data accumulated in research and long experience in what may perhaps be described as the professional diplomatist's book of forms and precedents... It is chiefly a digest of diplomatic data intended to afford practical guidance in the routine of diplomatic organization, precedence and ceremonial, procedure, immunities, international congresses and conferences, the making of treaties …

The Return Of Property By The Alien Property Custodian, Carl Zollmann

Michigan Law Review

The Enemy Trade Act, out of which the office of the Alien Property Custodian has grown, is strictly a war measure under the power conferred on Congress by the United States Constitution to declare war and to "make rules concerning captures on land and water." Such power remains active as long as war legally exists. No constitutional right therefore is infringed by the enforcement of the act at any time prior to the peace resolution of July 2, 1921, notwithstanding the cessation of hostilities by the armistice of November n, 1918. This power, however, terminates with the legal termination of …

Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson

Articles

Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …

Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen

Michigan Law Review

Although the three lectures contained in this volume are propounded as a "trinity," the reader will not find in them that unity which is of the essence of a trinity, as distinguished from an aggregate of three. The author proposes a "triune division" of legal science, Past, Present and Future. But the first lecture deals with a particular phase of the past, the second with a remotely related phase of the present, and the last with a quite unrelated phase of the future, so that they have little in common, save the brilliance that sparkles through them all.

The United States And World Organization, Edwin D. Dickinson

Articles

On what conditions should the United States enter a world organization for the maintenance of peace? Viewing the question broadly, should not the United States enter world organization upon one condition, namely, that the organization give promise of the utmost achievement in the maintenance of peace? Unless we are prepared to repudiate the avowals of our statesmen and reverse what is perhaps the oldest and most fundamental tradition of our foreign policy, can we consistently insist upon any other condition than this one?

Rules Of Warfare, Edwin D. Dickinson

Articles

Professor Dickinson anticipates the 1921 Conference of Washington on arms control and limitation in light of the recent world war and the special situations in the Far East. "War is abnormal, the negation of law and order, the exaltation of force..... This does not mean that codes of war law, so called, have no place or function ...."

League Of Nations And The Laws Of War, Ralph W. Aigler

Michigan Law Review

Everyone would agree that the renovation of international law presents a problem of commanding importance. Diversity of opinion is manifested, however, as soon as attention is directed to the details of the renovating process. Where to begin, what to emphasize, and how to go about it are questions which provoke a medley of discordant answers. Out of this medley a few paramount issues are beginning to emerge. One such issue concerns the so-called law of war. What shall be done about it? The World War revealed its lack of sanction, its confusion with self-interest, its chaotic uncertainty. Can it really …

Termination Of War, John M. Mathews

Michigan Law Review

The termination of war must, at the outset, be distinguished Ifrom the termination of hostilities or actual warfare. As has been said, war is "not the mere employment of force, but the existence of the legal condition of things in which rights are or may be prosecuted by force. Thus, if two nations declare war one against the other, war exists, though no force whatever may as yet have been employed."' Similarly, it follows that, although actual hostilities have ceased, the status of war may continue until terminated in some regular way recognized by international law as sufficient for that …

Power Of Congress To Declare Peace, Edward S. Corwin

Michigan Law Review

In the course of the discussion which has been aroused in Congress by the proposal to declare hostilities with Germany at an end by joint resolution, Senator Thomas of Colorado has brought forward evidence showing that on one occasion the Convention which framed the Constitution voted down unanimously a motion to vest Congress with the power to "make peace." This evidence is good so far as it goes, but it does not support all of Senator Thomas's deductions from it, nor indeed has he given an altogether complete account of it. The proposal in question was made and rejected by …

The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson

Articles

IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.

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

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

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

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

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 …