Military, War, and Peace Commons^™

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 …

Book Reviews, James B. Earle, J. Allen Smith, Samuel E. Stumpf, Ingram Bloch, J. Raymond Denney

Vanderbilt Law Review

Book Reviews

The Oppenheimer Case: The Trial of a Security System

By Charles P. Curtis

New York: Simon and Schuster, 1955. Pp. xi, 281. $4.00

reviewer: Ingram Bloch

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Trial Tactics and Methods

By Robert E. Keeton

New York: Prentice Hall, Inc., 1954. Pp. xxiv, 438. $6.65

reviewer: J. Raymond Denney

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Military Law under the Uniform Code of Military Justice

By William B. Aycock and Seymour W. Wurfel

Chapel Hill: University of North Carolina Press, 1955. Pp. xviii, 430.

reviewer: James B. Earle

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Why Johnny Can't Read

By Rudolf Flesch

New York: Harper & Brothers, 1955. Pp. ix, …

Miscellaneous—Militia, Howard L. Meyer Ii

Buffalo Law Review

Nistal v. Hausauer, 308 N. Y. 146, 124 N. E. 2d 94 (1954).

State Sedition Laws: Their Scope And Misapplication

Indiana Law Journal

No abstract provided.

Book Reviews, Donald H. Wollett, Peter Ward, John E. Mcaniff, Arthur H. Sherry, Bertel M. Sparks, A. L. Eno Jr., Charles O. Galvin, Emerson G. Spies, Benjamin Carlin, Charles H. Miller, Erwin C. Surrency, Albert B. Jones, W. Friedmann, Alfred I. Maleson, Douglas H. Parker, Clarence F. Hyrne Jr., Elvin R. Latty

Journal of Legal Education

No abstract provided.

Affirmative Evidence In Draft Classification Of Conscientious Objectors And Ministers

Indiana Law Journal

No abstract provided.

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.

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, …

Discovery Against The Government Of Military And Other Confidential Matters, Charles R. Gromley

Kentucky Law Journal

No abstract provided.

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 …

Book Reviews, Nels F.S. Ferre, Seymour W. Wurfel (Reviewer), Lloyd S. Adams (Reviewer)

Vanderbilt Law Review

Few topics are currently more at the center of both interest and need than that of Dr. Stumpf's new book. The ship of democracy is being tossed by heavy seas. Many are looking for a haven of faith. They tell us that the ship cannot stay afloat unless it reaches the well-protected harbor of religion. It needs at least to be overhauled, they say, and made more seaworthy in that harbor before it braves again the heavy onslaughts which it must necessarily breast. Dr. Stumpf probes too deeply into the relation between democracy and religion, however, to fall prey to …

Aspects Of The Military Law Of Confessions, Robert D. Duke

Vanderbilt Law Review

The Uniform Code of Military Justice, which became effective in May, 1951, was enacted largely in response to the criticisms leveled at the administration of military justice during World War I. The Code reflected the prevailing feeling that military justice should be brought more nearly into line with the criminal procedures followed in civilian courts. To further this objective, Congress required that in general court-martial cases legally qualified counsel be appointed to represent both the Government and the accused. The position of "law officer" was created and invested with much of the authority exercised by a federal district judge in …

The Need For Including A Course On Military Justice In The Law School Curriculum, Robert E. Joseph

Journal of Legal Education

No abstract provided.

Coercion: A Defense To Misconduct While A Prisoner Of War

Indiana Law Journal

No abstract provided.

Ua64/25 Wksc Army & Air Force Rotc Annual Awards, Wku Military Science

WKU Administration Documents

Awards program for Army and Air Force ROTC groups.

Advance To Barbarism—How The Reversion To Barbarism In Warfare And War-Trials Menaces Our Future. By F. J. P. Veale., Richard Arens

Buffalo Law Review

No abstract provided.

The Privilege Against Revealing Military Secrets, Robert F. Brachtenbach

Washington Law Review

One of the rules most frequently invoked to exclude evidence is that of the privileged communication—between husband and wife, attorney and client or physician and patient. In contrast, a voice claiming the privilege to exclude evidence because it involves military secrets has seldom been heard in the courtroom. Yet it is recognized as a genuine testimonial privilege of early origin. In the present era of intensive military preparation—often of a nature most secret, yet in close contact with civilian life—it is appropriate to examine the scope and mechanics of the privilege. At the outset a word of limitation is necessary. …

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 …

Litigation Involving "Termination Of War", W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

The Suppression Of Dissent In Wartime - England 1792-1795, Harry M. Broder

Cleveland State Law Review

As we search today for an effective solution of the problem of preserving our basic freedoms from internal and external enemies, it seems particularly appropriate to consider a some-what analogous situation in history. From 1789 to 1795, English opinion changed from widespread approval of the French Revolution and its aims to a hatred and fear that included all persons and ideas which advocated any departure from the status quo in England itself. As late as 1792, the possibility of war seemed so remote the the Army estimates were reduced. One year later, France and England were at war, and the …

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.

Book Review, Robinson O. Everett

Faculty Scholarship

reviewing Walker, Military Law (1954)

Selective Service—Non-Disclosure Of F.B.I. Report Did Not Invalidate Hearing Procedure, Edward Schmitt

Buffalo Law Review

United States v. Nugent, 346 U. S. 1 (1953).

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 …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases--

Attorney and Client--Contingent Fee Contracts--Divorce Action

Corporations--Corporate Power--Contributions to Philanthropic Institutions

Corporations--Criminal Anti-Trust Action--Indemnification of Directors for Litigation Expenses

Evidence--Presumption of Law and Inference of Fact--Retrospective Presumption of Continuity

Federal Procedure--Class Actions--Discretion of Trial Court

Income Taxation--Deductions--"Ordinary and Necessary"--Expenses

Income Taxation--False Statements--Criminal Penalties

Labor Law--Arbitration Agreements--Specific Enforcement in Federal Courts

Military Law--Discharged Personnel--Power to Arrest for Serious Crimes

Military Law--Privilege Against Self Incrimination--Admissibility of Handwriting Specimen Obtained Involuntarily

Torts--Automobile Guest--Contributory Negligence as a Matter of Law

Workmen's Compensation--Employees' Altercations--Aggresso

Book Reviews, Philip Mechem, Harold C. Havighurst, Robert E. Keeton, Frederick J. Ludwig, Clarence J. Morrow, William Miller, L. G. Blackstock, T. A. Smedley, Benjamin Harrow, Samuel L. Prince, A. Arthur Schiller, Clyde W. Summers

Journal of Legal Education

No abstract provided.

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.

Revision Of The Italian Peace Treaty, Norman Kogan

Indiana Law Journal

No abstract provided.

Military Justice, Command, And The Field Soldier, Albert R. Mugel

Buffalo Law Review

No abstract provided.

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 …