Military, War, and Peace Commons^™

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 …

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 …

International Law-Treaty Provisions Dealing With The Status Of Pre-War Bilateral Treaties, Stanley T. Lesser S.Ed.

Michigan Law Review

"The effect of war upon the existing treaties of belligerents is one of the unsettled problems of the law." At one time, writers on international law felt that war, ipso facto, abrogated all bilateral treaties between the combatants, with the exception of those treaties especially designed to regulate the conduct of hostilities. The modern trend is to a more flexible approach; the courts attempt to discern the intention of the parties at the time they concluded the treaty or deal with the problem pragmatically, preserving or annulling the treaties as the necessities of war exact. Disagreement persists, however, and it …

The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.

Michigan Law Review

This comment will investigate the extent to which the law of belligerent occupation has actually become a part of the American municipal law, and thereby attempt to determine whether it was properly applied in this case.

Citizenship-Expatriation-Distinction Between Naturalized And Natural Born Citizens, Gordon I. Ginsberg S.Ed.

Michigan Law Review

Plaintiff's father, a native of Germany, was naturalized in the United States in 1896. In 1901, he returned to Germany with his American wife, and plaintiff was born in that country in 1905. Plaintiff made occasional visits to the United States, but was at all times domiciled in Germany. He served in the German army during World War II. In 1947, upon refusal of his application for a passport as a citizen of the United States, he came to this country on a temporary visa and brought a declaratory judgment action for adjudication that he was a citizen. The trial …

Federal Procedure-Juries-Right To Jury Trial In Actions On National Service Life Insurance Policy Claims, Morris G. Shanker S.Ed.

Michigan Law Review

Plaintiff brought an action against the United States on a National Service Life Insurance policy in a federal district court. Timely demand for trial by jury was made in accordance with Federal Rule 38. Held, the plaintiff was entitled to a trial by jury. That section of the Judicial Code which reenacts the Tucker Act and denies jury trials in contract actions against the United States is not applicable to National Service Life Insurance claims. Williams v. United States, (D.C. Tex. 1951) 95 F. Supp. 672.

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …

International Law-Prize Law-Seizure Of Port As Effecting Capture Of Ships In Port, David D. Ring S. Ed.

Michigan Law Review

When the Italian port of Tripoli was captured by the British in January, 1943, two privately owned Italian vessels were lying aground in the harbor. Though the Italian armistice was signed in September, 1943, and British naval authorities early in 1944 ordered the seizure in prize of all salvable vessels, nothing was done with respect to these vessels until February 3, 1947. At that time they were placed under the jurisdiction of the Prize Court of England. On February 10, 1947, the Treaty of Peace with Italy was signed and became effective on September 15, 1947. By act of Parliament, …

Recapturing War Profits -- A Civil War Experience, John P. Frank

Articles by Maurer Faculty

No abstract provided.

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 …

Law And Administration In Military Occupation: A Review Of Two Recent Books, Wolfgang H. Kraus

Michigan Law Review

Unlike the First World War, the Second World War has already produced at this stage of its progress significant publications concerning the problems of military government which may well assist interested students and practitioners in cutting a path through this thorny field. Occupying the area of enemy countries is a task of which by all odds the most difficult part, that of the occupation of both Germany and Japan, still lies ahead. Two recently published studies, both of them by jurists with a European legal background who are at present engaged in the service of a war agency of the …

The Function Of The States, William B. Cudlip

Michigan Law Review

For the second time in this century, thoughtful men are studying plans for the stabilization of a post-war world, determined to devise a pattern of peace which shall embody new moral and economic standards and the highest ideals of human liberty, intent on fashioning a design for living under which the nations of the world may find freedom, justice, dignity, and prosperity. In this high adventure the United States has a full role to play, for, without our interest and cooperation, there can be no enduring compact. But, important as this quest may be, another task of at least equal …

A New World Order - The American Lawyers' Role, Grenville Clark

Indiana Law Journal

A Symposium on Post War Problems of the Legal Profession.

Post War Problems-The Service Man's Viewpoint, C. Dallas Sands

Indiana Law Journal

A Symposium on Post War Problems of the Legal Profession.

"Enemy" Under The Trading With The Enemy Act And Some Problems Of International Law, Samuel Anatole Lourie

Michigan Law Review

When the United States entered this war and even before, it was evident that the measures and definitions of the Trading with the Enemy Act of October 6, 1917, were obsolete instruments with which to cope, in economic and psychological warfare, with such dangerous enemies as the Axis, particularly Germany. Germany's preparations and planning for the war date back two decades, but took on intensified and conspicuous form only after the access of the Nazis to power.

In all types of warfare numerous weapons, devices and means are openly or secretly used. "Camouflage" is not the exclusive domain of military …

The Trading With The Enemy Act, Samuel Anatole Lourie

Michigan Law Review

The purpose of this paper is to discuss two aspects of the Trading with the Enemy Act of October 6, 1917: (1) The evolution of the T.E.A. through legislative enactments and executive orders; (2) Some problems of constitutional and administrative law raised by the last amendment to the act.

The Bar And The War, George Maurice Morris

Indiana Law Journal

No abstract provided.

Renegotiation Of War Contracts, Charles W. Steadman

Michigan Law Review

The limitation of war profits to fair and reasonable levels and the purchase of war goods at fair prices are essential to the successful prosecution of the war. These problems come as a part of war and must be solved just as surely as tactical problems in battle. Exorbitant profits and prices spell defeat to any nation, for they point the way to inflation and economic collapse. In modern war the difference between defeat and victory lies ultimately in the economic strength of the countries involved. The lessons of history have shown us that no nation can achieve and maintain …

The Legal Profession In Wartime, Albert H. Cole

Indiana Law Journal

An address delivered at the Mid-winter meeting of the Association.

Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal

Michigan Law Review

Three months after the passage of the Emergency Price Control Act a partial and selective approach to the problem of price control has been abandoned and a comprehensive over-all ceiling has been put into effect. The economic forces generated by total war have quickly proved too powerful for the limited controls originally planned. As a result, a sweeping program of governmental control over the economic life of the nation has been instituted, with consequences too complex and far-reaching to be foreseen in any detail.

The Social Problem: Legal Principles Involved In Its Solution, Connor D. Ross

Indiana Law Journal

No abstract provided.

Antitrust During National Emergencies: Ii, Thomas K. Fisher

Michigan Law Review

The effects of the Depressions of 1893 and 1929, the Panic of 1907, and World War I upon the enforcement and substantive content of the antitrust law were examined in the first part of this article. Because of the change in government policy toward the law as effected in the early months of the Roosevelt administration, the Depression of 1929 was divided into the years under the Hoover administration and the years under the Roosevelt administration. We have noted that during the former period only twenty-five actions were brought to enforce the law. The legislative policy of that administration in …

The American Bar And The War, Edmund Ruffin Beckwith

Indiana Law Journal

No abstract provided.

Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell

Michigan Law Review

God is on the side with the most artillery. Wars in the past have been fought by armies of men. The war today is being fought by armies of machines, and ultimate victory will belong to the side which can most quickly place an overwhelming force of fighting equipment on the world battlefield. For many months the United States stood as a spectator while other nations prepared their economies to amass such a force. We are now faced with the imperative need of overtaking and passing the capacity for production of war equipment that has been built or seized by …

The Committee On War Work Of The Indiana State Bar Association, Jeremiah L. Cadick

Indiana Law Journal

No abstract provided.

"Educational Deferments"

Indiana Law Journal

Legal Aspects of the Selective Service Act

Extension Of Military Service

Indiana Law Journal

Legal Aspects of the Selective Service Act

Labor Policy And National Defense, By Z. Clark Dickenson

Indiana Law Journal

No abstract provided.

Mobilization Of Manpower

Indiana Law Journal

Legal Aspects of the Selective Service Act