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Articles 6031 - 6060 of 6314

Full-Text Articles in Military, War, and Peace

The Defense Production Act--A Summary, James A. Durham Jan 1952

The Defense Production Act--A Summary, James A. Durham

Kentucky Law Journal

No abstract provided.


The Codification Of Military Law, Reed Dickerson Jan 1952

The Codification Of Military Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Wartime Security And Liberty Under Law, Robert H. Jackson Dec 1951

Wartime Security And Liberty Under Law, Robert H. Jackson

Buffalo Law Review

Address delivered at Buffalo Law School, May 9, 1951, as part of the initial James McCormack Mitchell lectures.


The Law School: 1951-52, E. Blythe Stason Dec 1951

The Law School: 1951-52, E. Blythe Stason

Michigan Law Review

A year ago, in December of 1950, when the war in Korea was going badly and the country appeared to be on the brink of general mobilization, it seemed inevitable that the demands of military service would make severe inroads upon this year's student enrollment in the Law School. Such inroads have been made, but although the recall of reservists and the call of Selective Service draftees have drawn into the armed forces many young men who would otherwise be studying law at Michigan, the effect has by no means been as severe as was anticipated. The current fall semester …


International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed. Jun 1951

International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed.

Michigan Law Review

The mandate system represented an attempt to cope with the problem of nonself-governing territories as an international responsibility and, for the most part, was an advancement over former methods of treatment. The system was not perfect and its operation pointed up a number of its defects. The framers of the United Nations Charter formulated the trusteeship system to take the place of the mandate system, correcting its defects and adding certain innovations. The purpose of this comment is to present a brief comparison of the two systems and to consider a few of the major problems presented.


International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed. Jun 1951

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 …


Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed. May 1951

Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed.

Michigan Law Review

By a Vesting Order, the Alien Property Custodian vested in the Attorney General property of an enemy alien which consisted of a "certain debt or other obligation" underlying bonds issued by the defendant corporation. The defendant corporation was ordered to cancel the said bonds and deliver the proceeds of the redemption and accrued interest to the Attorney General. Upon the trial of the action brought by the Attorney General to enforce these demands, it appeared in evidence that the bond certificates had last been located in the Russian sector of Berlin, Germany, and were there seized by the occupying authorities. …


The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt Apr 1951

The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt

Michigan Law Review

The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …


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. Apr 1951

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 …


The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt Apr 1951

The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt

Michigan Law Review

The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …


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. Apr 1951

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 …


Military Habeas Corpus: Ii, Seymour W. Wurfel Mar 1951

Military Habeas Corpus: Ii, Seymour W. Wurfel

Michigan Law Review

The doctrine is well established that habeas corpus is an extraordinary remedy which will not ordinarily lie where the law has provided another remedy. The numerical pressure of habeas corpus petitions by all types of prisoners in recent years has reached such proportions as to constitute a major problem in the administration of justice. It has engaged the administrative consideration of judicial officers and been the subject of legislation both federal and state. The Chief Justice of the United States in an address before the American Bar Association on September 7, 1949 strikingly stated the problem and urged "that something …


Military Habeas Corpus: I, Seymour W. Wurfel Feb 1951

Military Habeas Corpus: I, Seymour W. Wurfel

Michigan Law Review

The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …


International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed. Feb 1951

International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed.

Michigan Law Review

Petitioner, an American citizen living in Germany, voted in the January 27, 1946 election of local officials in Rodach, Germany, American Zone of Occupation, held under the direction and with the approval of the Office of Military Government for Bavaria. Petitioner was issued a certificate of loss of nationality, based on section 801(e) of the Nationality Act of 1940, which provides that American nationality is lost through "voting in a political election in a foreign state." Held, petitioner had not lost her citizenship. The Rodach election was held in "territory then ruled and governed by the United States and …


War Crimes--A Refutation Of Objection, Otto E. Reik Jan 1951

War Crimes--A Refutation Of Objection, Otto E. Reik

Kentucky Law Journal

No abstract provided.


Eminent Domain-Evaluation Of Merchant Ships Requisitioned By Government Under War Emergency Powers [United States V. Toronto, Hamilton & Buffalo Nay. Co., U. S. Sup. Ct. 1949]. Sep 1950

Eminent Domain-Evaluation Of Merchant Ships Requisitioned By Government Under War Emergency Powers [United States V. Toronto, Hamilton & Buffalo Nay. Co., U. S. Sup. Ct. 1949].

Washington and Lee Law Review

No abstract provided.


The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith Jun 1950

The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith

Michigan Law Review

The Committee on Ministers' Powers defined delegated legislation as the "exercise by a subordinate authority, such as a Minister, of the legislative power delegated to him by Parliament." This definition followed logically from the terms of reference which required the Committee to report "what safeguards are desirable or necessary to secure the constitutional principles of the sovereignty of Parliament and the supremacy of the Law."' Behind these two statements lie certain assumptions which coloured the Report of the Committee and influenced its recommendations. One of these assumptions is that Ministers of the Crown are "subordinate" to Parliament so that any …


Dulles: War Or Peace, Michigan Law Review Jun 1950

Dulles: War Or Peace, Michigan Law Review

Michigan Law Review

A Review of WAR OR PEACE. By John Foster Dulles.


The Case Of General Yamashita, By A. Frank Reel, Edward H. Buehrig Apr 1950

The Case Of General Yamashita, By A. Frank Reel, Edward H. Buehrig

Indiana Law Journal

No abstract provided.


International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed. Apr 1950

International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.

Michigan Law Review

Petitioner, a German citizen confined in the American Zone of Occupied Germany in the custody of the United States Anny, petitioned the United States District Court, District of Columbia for a writ of habeas corpus. The respondents were the Secretary of Defense and others alleged to have directory control over the jailers in Germany. The petitioner had been convicted of war crimes by Military Tribunal IV at Nuremburg, Germany. This tribunal was established by order of General Clay, United States Military Governor and Zone Commander, pursuant to Control Council Law No. 10 which carried out the London Agreement and the …


Labor Law-Veteran's Reemployment Rights-Duration Of Seniority Beyond One Year Period, Donald D. Davis S.Ed. Apr 1950

Labor Law-Veteran's Reemployment Rights-Duration Of Seniority Beyond One Year Period, Donald D. Davis S.Ed.

Michigan Law Review

At the time of his induction into the Armed Forces, plaintiff was employed as a locomotive machinist at defendant's Loyall shop. This shop was transferred to Corbin during his absence, and, upon discharge from military service, plaintiff was reemployed there with seniority from July 17, 1946, the date of his return. In April, 1947, plaintiff filed his complaint under section 8, Selective Training and Service Act, alleging that had he not been in the Armed Forces he would have been transferred to the Corbin shop with seniority from July 1, 1945. The collective bargaining agent of the machinist employees of …


Middleton: The Struggle For Germany, Michigan Law Review Mar 1950

Middleton: The Struggle For Germany, Michigan Law Review

Michigan Law Review

A Review of THE STRUGGLE FOR GERMANY. By Drew Middleton.


Reel: The Case Of General Yamashita, Michigan Law Review Jan 1950

Reel: The Case Of General Yamashita, Michigan Law Review

Michigan Law Review

A Review of THE CASE OF GENERAL YAMASHITA By A. Frank Reel.


Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed. Dec 1949

Courts-Martial--Jurisdiction Over Person Discharged And Re-Enlisted For Offense Committed During Prior Enlistment, J. D. Mcleod S.Ed.

Michigan Law Review

Petitioner, a chief petty officer in the Navy was honorably discharged on March 26, 1946, and re-enlisted on the following day. In 1947, he was tried by court-martial and convicted of cruelty, during his prior period-of service, to persons subject to his orders. The District Court sustained his writ of habeas corpus on the ground that the court-martial had no jurisdiction; the Circuit Court of Appeals reversed. On certiorari to the Supreme Court of the United States, held, the court-martial had no jurisdiction to try petitioner for an offense committed prior to his discharge and re-enlistment. United. States ex …


The Reform Of Japan's Legal And Judicial System Under Allied Occupation, Alfred C. Oppler Aug 1949

The Reform Of Japan's Legal And Judicial System Under Allied Occupation, Alfred C. Oppler

Washington Law Review

No abstract provided.


International Law-Prize Law-Seizure Of Port As Effecting Capture Of Ships In Port, David D. Ring S. Ed. Apr 1949

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, …


Constitutional Law-Power Of Supreme Court To Review Judgments Of International Military Tribunal For Far East, J. R. Mackenzie S. Ed. Apr 1949

Constitutional Law-Power Of Supreme Court To Review Judgments Of International Military Tribunal For Far East, J. R. Mackenzie S. Ed.

Michigan Law Review

The board of directors of defendant, a nonprofit corporation, passed a resolution that persons should not be denied membership on racial, religious or political grounds. Plaintiff, a branch member of defendant, had enacted by-laws denying Negroes admission to its group. Defendant's board declared plaintiff's by-laws were in conflict with the resolution and threatened to expel plaintiff branch if its by-laws were not amended. Plaintiff brought suit to enjoin defendant from carrying out its threat. Held, injunction granted. No national by-law required admission of all races to membership in branches, nor did the national directors have power to expel a …


International Law-Seizure Of Foreign Vessels On The High Seas, David D. Ring S.Ed. Feb 1949

International Law-Seizure Of Foreign Vessels On The High Seas, David D. Ring S.Ed.

Michigan Law Review

After World War I, the Allied Powers under Article XXII of the Covenant of the League of Nations designated Great Britain mandatary of Palestine, providing inter alia that, as far as possible without prejudice to the rights of the then residents of Palestine, steps were to be taken to facilitate Jewish immigration. A High Commissioner for Palestine was appointed, who, by the authority vested in him under the mandate, promulgated a general ordinance regulating immigration. It was provided therein that any British government ship might board any vessel to detain and examine persons reasonably believed to be seeking to enter …


Lauterbach: Economic Security And Individual Freedom: Can We Have Both?, Michigan Law Review Feb 1949

Lauterbach: Economic Security And Individual Freedom: Can We Have Both?, Michigan Law Review

Michigan Law Review

A Review of ECONOMIC SECURITY AND INDIVIDUAL FREEDOM: CAN WE HAVE BOTH? By Albert Lauterbach.


Lunau: The Germans On Trial, Michigan Law Review Feb 1949

Lunau: The Germans On Trial, Michigan Law Review

Michigan Law Review

A Review of THE GERMANS ON TRIAL. By Heinz Lunau.