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Articles 91 - 120 of 278
Full-Text Articles in Military, War, and Peace
Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney
Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney
Michigan Law Review
A Review of Responsibility of States for Unlawful Acts of Their Armed Forces. By Alwyn V. Freeman.
Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood
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 …
International Law - Meaning Of The Term "Declaration Of War" As Used In A Time Charter, Glenn O. Fuller
International Law - Meaning Of The Term "Declaration Of War" As Used In A Time Charter, Glenn O. Fuller
Michigan Law Review
A time charter provided that either party should have a right to cancel "if war is declared against any present NATO countries. . . ." Respondent-owners, having invoked this clause shortly after the Suez crisis erupted into open warfare, contended that a speech delivered by Egyptian President Nasser constituted a declaration of war. The speech in question, which was delivered to a large public gathering in Cairo, broadcast throughout Egypt and subsequently published, declared in part, "We shall fight as we have always said in a total war." It urged the people to "fight and never surrender." In libels for …
Clark & Sohn: World Peace Through World Law, Harding Bancroft
Clark & Sohn: World Peace Through World Law, Harding Bancroft
Michigan Law Review
A Review of World Peace Through World Law. By Grenville Clark and Louis B. Sohn.
Military Law - Service Discharge - Judicial Review Of Discharge Classifications, Edward M. Heppenstall
Military Law - Service Discharge - Judicial Review Of Discharge Classifications, Edward M. Heppenstall
Michigan Law Review
In 1954 petitioners were discharged from the Army in form other than "honorable." Petitioner Harmon had previously been questioned by Army officials regarding alleged Communist affiliations. Since most of the charges against him were based on conduct antedating his induction into the Army and since his military record had been "excellent," petitioner Harmon was informed that he would not be discharged as disloyal or subversive pursuant to Army regulations, but would be retained in his then present grade, assigned nonsensitive duties, and given a discharge at the end of his career appropriate to the character of the service he had …
International Law - The United Nations Emergency Force - Legal Status, Dudley H. Chapman S.Ed.
International Law - The United Nations Emergency Force - Legal Status, Dudley H. Chapman S.Ed.
Michigan Law Review
The purpose of this comment is to consider the legal status of UNEF and of a potential permanent force of the same type. Some of the incidental legal problems confronting the United Nations will also be considered.
Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.
Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.
Michigan Law Review
A Review of Status of Forces Agreement: Criminal Jurisdiction: Criminal Jurisdiction. By Joseph M. Snee, S.J. and Kenneth A. Pye
Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall
Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall
Michigan Law Review
The federal government's domestic uranium ore procurement program, initially announced following World War II to ensure maximum exploration and development for military purposes, has met with extraordinary success. So improved is this country's military uranium picture that the Atomic Energy Commission was recently able to announce that uranium concentrate purchases would not be further increased. This announcement is viewed as a matter .of serious concern by the domestic ore producer, who must continue to look to the federal government as his sole market; a noticeable private market for peaceful uses of atomic energy fuels may not be realized for more …
Avins: The Law Of Awol, Major General Thomas H. Green
Avins: The Law Of Awol, Major General Thomas H. Green
Michigan Law Review
A Review of The Law of AWOL. By Alfred Avins.
Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.
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
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 …
The Legal Status Of The Red Cross, Wesley A. Sturges
The Legal Status Of The Red Cross, Wesley A. Sturges
Michigan Law Review
Red Cross is a term well known in the world at large; so is the heraldic emblem of the red cross on a white background. Many people in many lands use them to indicate and symbolize a variety of humanitarian purposes, principles and services. When the term is used as a proper name, generally it identifies an organization which is lawfully authorized to carry out those purposes and services under that name. Organizations by that name have been accorded exclusive authority to carry out the given humanitarian programs, exclusive authority to use the words, whether as a proper name or …
Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue
Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue
Michigan Law Review
It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.
Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein
Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein
Michigan Law Review
On October 26, 1956 seventy states signed an international agreement described as the Statute of an International Atomic Energy Agency. This signing followed a conference of over a month in which eighty-two states participated. All of the participating states supported the text which resulted from this conference-a truly remarkable result considering that the subject of the conference was atomic energy with its far-reaching international security implications.
Administrative Law - Judicial Control - Veterans Administration's Findings Of Law And Fact Are Not Conclusvie In Government's Suit To Recover Sums Allegedly Due From Veteran, James M. Porter S.Ed.
Administrative Law - Judicial Control - Veterans Administration's Findings Of Law And Fact Are Not Conclusvie In Government's Suit To Recover Sums Allegedly Due From Veteran, James M. Porter S.Ed.
Michigan Law Review
An action was brought by the United States to recover sums of money paid to a veteran as an employment readjustment allowance. It was claimed that the defendant was not entitled to the money because of his misstatement of earnings. Prior to this action, an administrative finding that the defendant had knowingly received the allowance contrary to law and was obliged to return it was approved by the Administrator of Veterans' Affairs. The government maintained that section 705 of the Servicemen's Readjustment Act required that the administrator's findings of law and fact be conclusive and binding on the court. The …
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilians, Whitmore Gray S.Ed.
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 …
Federal Procedure-Limitation Of Actions-Suspension Of Statute Of Limitations As To Citizen Of Enemy-Occupied Territory In War Time, Stephen J. Martin S.Ed.
Federal Procedure-Limitation Of Actions-Suspension Of Statute Of Limitations As To Citizen Of Enemy-Occupied Territory In War Time, Stephen J. Martin S.Ed.
Michigan Law Review
Plaintiff, a Filipino, loaned money to a recognized guerilla unit in the Philippine Islands in 1943, during the period of the Japanese occupation of the Islands. He filed suit in the United States Court of Claims on December 31, 1952, to recover the amount of the loan. Defendant United States moved to dismiss on the ground that the claim was barred by the six-year statute of limitations applicable to the Court of Claims. Held, petition dismissed. Plaintiff's cause of action first accrued at the earliest moment when suit might have been legally instituted upon it. No circumstance in the …
Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.
Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.
Michigan Law Review
In June 1950, United States military forces in Korea embarked upon an engagement that has been variously described as "war," "police action," "hostilities," and "defense against aggression." No declaration of war was made by Congress nor was a state of war proclaimed by the Chief Executive or our Communist adversaries. This unprecedented commitment of military forces in response to the recommendation of an international organization was consummated by unilateral Presidential action, with Congress only impliedly ratifying the step taken by enacting laws appropriating additional funds for the support of the armed forces in Korea. The ill-defined character of the conflict …
Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller
Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller
Michigan Law Review
For our present purposes, the point to be seen is that while this article is inquiring into the question of choice of contractor, the government is largely in control of the other chief attribute of traditional liberty of contract: the terms and conditions of the contract itself. We may thus summarize a first conclusion in the inquiry under consideration in this manner: the government is under no restraint as to many of the terms and conditions of its contracts and may impose those conditions it deems necessary. These are imposed as a result of a statute (an example of …
International Law - The Abrogation Of Treaties By War, David R. Macdonald S.Ed.
International Law - The Abrogation Of Treaties By War, David R. Macdonald S.Ed.
Michigan Law Review
In 1923, the United States and Germany entered into a treaty, one provision of which exempted from taxation the government property of either nation situated in the territory of the other. From the outbreak of World War II in 1941 through 1948 the City and County of San Francisco levied real property taxes on the German Consulate, assuming that this treaty had been abrogated by the outbreak of hostilities between the two nations. The taxes were paid under protest, and the Attorney General, as successor to the Alien Property Custodian, sued and recovered them in the trial court. On appeal, …
Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing
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
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
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.
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 …
Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.
Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.
Michigan Law Review
Suit by the United States, under authority of the National Emergency provisions of Title II of the Labor-Management Relations Act, to enjoin a strike in a single plant engaged in the manufacture of pipe used in the construction of atomic energy plants. The district court granted an injunction, and the labor organizations adversely affected thereby appealed. Held, affirmed. The threatened strike would have affected a substantial part of the atomic weapon industry and would have imperiled the national safety. United States v. United Steelworkers of America, C.I.O., (2d Cir. 1953) 202 F. (2d) 132.
Constitutional Law-Denaturalization Under The Immigration And Nationality Act Of 1952, Lois H. Hambro S.Ed
Constitutional Law-Denaturalization Under The Immigration And Nationality Act Of 1952, Lois H. Hambro S.Ed
Michigan Law Review
On June 26th and 27th of 1952, the House of Representatives and the Senate, respectively, passed the Immigration and Nationality Act of 1952 over the President's veto. There are substantial differences between the denaturalization provisions of this new act and those of prior acts. Before this act, the denaturalization statute provided for the bringing of suits by the attorney general to revoke the judgment of naturalization and to cancel the certificate of naturalization on the ground of fraud or on the ground that naturalization had been illegally procured. The basic provision for denaturalization is now section 340, which provides for …
That Pierced Veil-Friendly Stockholders And Enemy Corporations, Norman S. Fink
That Pierced Veil-Friendly Stockholders And Enemy Corporations, Norman S. Fink
Michigan Law Review
Consider, if you will, the position of Mr. A, an ordinary resident of Suburbia, Long Island, New York, U.S.A., who on the advice of his stock broker that he has an opportunity to buy a "growth" stock, invests $5,000 in 100 shares of X company, organized under the laws of Switzerland. The World erupts into another tragic war and Mr. A receives peremptory demand from his government to turn over his shares to it. He learns that his investment gives aid and comfort to the enemy since X company, apparently a non-belligerent enterprise in a neutral country, is alleged …
Constitutional Law-Eminent Domain-Destruction Of Private Property To Prevent Enemy Capture, John F. Spindler S.Ed.
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 …
International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel
International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel
Michigan Law Review
The effect of war upon existing bilateral treaties of belligerents is one of the unsettled problems of international law. The problem is to determine whether a bilateral treaty (between nations at peace) which does not provide for the eventuality of war, will be suspended or annulled by a subsequent war between them. The idea that war is a complete destruction of the international intercourse which was represented by the treaty logically would lead to the conclusion that the treaty ends ipso facto when war comes. But this is too hasty a conclusion; international practice proves that some treaties are only …
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Michigan Law Review
A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …