Military, War, and Peace Commons^™

Lawful Action Of State Military Forces: A Review, Fenwick T. Reed

Indiana Law Journal

No abstract provided.

Tort Liability Of A Soldier Or Subordinate Officer Acting In Obedience Of Orders, J.D. Mann

Indiana Law Journal

No abstract provided.

Naval Courts Martial, Max C. Peterson

Indiana Law Journal

No abstract provided.

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

Conference Comment: Conference On Universal Compulsory Military Training, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Landlord And Tenant-Leases-Option In Tenant To Cancel In Case Of Governmental Interference With Use Of Premises, Margaret Groefsema S. Ed.

Michigan Law Review

A lease of real property for an automobile service station contained a provision for termination of the leasehold at the option of the tenant in case "the use of the said premises for an oil and gasoline filling station be prevented, suspended or limited by any zoning statute or ordinance, or any other municipal or governmental action." Held, this clause applied to release the tenant when wartime rationing of gasoline and tires made it unprofitable for him to operate the filling station. Mid-Continent Petroleum Corporation v. Barrett, (Ky. Ct. App. 1944) 181 S.W. (2d) 60.

Termination Of War Contracts: The Contract Settlement Act Of 1944, David A. Goldman

Michigan Law Review

Enacted with a background of knowledge gained from the termination of more than 25,000 army and navy contracts having an uncompleted value of approximately $17,000,000,000, the Contract Settlement Act of 1944 was the first of the legislative enactments by which Congress seeks to control the possibility of a rising tide of economic difficulties which might otherwise drown the body politic in a flood of cancellation notices. The passage of the act was preceded by extensive public hearings and debates, during which responsible Government officials and leaders of labor and industry expressed their considered opinions. Congress likewise had the benefit of …

The Authority Of The National War Labor Board Over Labor Disputes, Leonard B. Boudin

Michigan Law Review

The National War Labor Board has reached the respectable age of two years. Supported originally only by the President's war powers, it has secured compliance with its orders, has weathered a minor congressional investigation, and has built up a body of decisions whose effect will continue after the war. These facts, as well as certain signs of the conservatism which appears to strike all government agencies at one time or another, entitle the board to a short survey of certain aspects of its jurisdiction and authority.

Wills - Soldiers And Sailors - Intent Necessary For Validity, Robert M. Barton S. Ed.

Michigan Law Review

In December of 1941 decedent was a fireman aboard an oil tanker bound for the Dutch West Indies. While discussing the dangers brought about by the war to merchant shipping, he told a shipmate, "Well, if I get lost or anything--I want Mr. Knight and his people to have what I got, insurance and everything." He repeated this desire to his fellow seaman on several other occasions during the course of the voyage. The vessel reached port safely, but several trips later the decedent was drowned when his ship was torpedoed. Knight claimed the estate, alleging that the statement was …

A Further Legal Inquiry Into Renegotiation: I, Charles W. Steadman

Michigan Law Review

Renegotiation has undergone some important changes which call for consideration. Congress .has undertaken to rewrite the Renegotiation Act. Administrative and procedural developments have created new problems. The act is being attacked as unconstitutional. Procedural technique and statutory interpretations have crystallized sufficiently to permit careful scrutiny. And the problems regarding the determination. of excessive profits, questions of taxation, amortization, cost allowances, as well as the constitutionality of the act, are a challenge to a continued study of this law and its administration.

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.

Law Books Of The Year (1943-44), Hobart R. Coffey

Michigan Law Review

Contrary to my inclination and somewhat against my better judgment I have been prevailed upon by the editor to repeat the experiment begun last year, viz., to produce a sort of running account of some of the more important legal publications which have appeared in the last twelve months. It goes almost without saying that a competent review of a single serious work requires both considerable time and space. An adequate critical review of fifty or sixty works would be quite out of the question for anyone who had anything else to do. In my comments on the books which …

Termination Of War Department Contracts At The Option Of The Government, David A. Goldman

Michigan Law Review

The United States of America has been mobilized and waging war for more than two years. Every device known to science, every resource of the country, every means of production, has been and is being employed to bring the conflict to a successful conclusion. Public funds, in amounts beyond comprehension, have been appropriated for the production of materiel. As of March r943, the War Department alone had outstanding more than 240,000 contracts in the face amount of approximately $75,000,000,000.

Taxation-Assessment Of Government-Owned Property Leased To Private Enterprise, Allen C. Holmes

Michigan Law Review

The Board of Property Assessment, Appeals, and Review of Allegheny County for ad valorem taxes in the state of Pennsylvania increased the assessed value of the realty of the Mesta Machine Company by the sum of $618,000 to include the value of certain additional machinery which had been installed on the premises. The machinery was leased by the United States Government to the company and was placed in the factory in order that the company might manufacture heavy field guns for the Government, under a cost-plus-fixed-fee contract. The legal title and the beneficial ownership of the machinery remained in the …

The Impact Of The War On Private Contracts, Werner W. Schroeder

Michigan Law Review

The destruction and impairment of contracts caused by governmental agencies because of the necessities of war production have been more far-reaching than is generally realized. A report that one large industrial organization has been prevented from performance of contracts involving more than one hundred and fifty million dollars gives a hint of the extent of these commercial casualties.

Legal Aspects Of Renegotiation, Charles W. Steadman

Michigan Law Review

The Renegotiation Act which became effective April 28, 1942, was designed to eliminate and remove exorbitant profits from war contracts. No other recent statute has been the subject of so much controversy and misunderstanding. Since the beginning of renegotiation of contracts in the late summer and early fall of 1942, policies have been crystalizing and many interpretations of the act have been made, but many more questions as to its meaning must still be answered.

Legal Doctrine, War Power, And Japanese Evacuation, Richard F. Wolfson

Kentucky Law Journal

No abstract provided.

Registrant's Duty To Inform Selective Service Board Of His Mailing Address

Indiana Law Journal

Notes and Comments: Military Service

Ex Parte Milligan V. The Five Companies: Martial Law In Hawaii, John P. Frank

Articles by Maurer Faculty

No abstract provided.

Every Lawyer's Two Roles (1) Technician In Settling Controversies--Wartime Contract Defaults (2) Social Leader--Problems Of The New Economy Of Peace, Donald S. Frey

Kentucky Law Journal

No abstract provided.

"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 …

Installment Contracts

Michigan Law Review

Section 301 of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended in 1942, is designed to protect the serviceman who has purchased property on the installment plan against forfeitures. It provides that a vendor or seller (or his assignee) of real or personal property (including a lease or bailment with a view to purchase) may not terminate or rescind his contract or resume possession of the property because of nonpayment or for any other breach of contract except by an action brought in a court of competent jurisdiction. This section is applicable in all cases in which …

Secured Obligations, Benjamin M. Quigg, Jr.

Michigan Law Review

The scope of this discussion probably is best defined in the words of the act itself as appear in section 302 (1): "obligations secured by mortgage, trust deed, or other security in the nature of a mortgage · upon real or personal property, owned by a person in military service at the commencement of the period of military service"; and the problems herein discussed are those which arise under the act in connection with the sale, foreclosure, seizure, or repossession of property which is security for such obligations.

Just War-A Legal Concept?, Arthur Nussbaum

Michigan Law Review

During the century preceding the First World War the topic of "just war," frequently and intensely treated in earlier periods, had almost disappeared from the writings on international relations. Since the end of the war, however, the issue has been revived by writers within and without the legal profession. The present article purports, principally by an inquiry into its historical background, to determine its legal relevance.

Life Insurance

Michigan Law Review

The Soldiers' and Sailors' Civil Relief Act of 1940, as amended in 1942, contains provisions which are designed to enable the serviceman to avoid forfeiting life insurance because of the lack of financial resources.

Soldiers And Sailors-Civil Relief Act Of 1940-Application To Decedents' Estates, Secured Obligations, Installment Contracts, Insurance, Taxes, And Assessments

Michigan Law Review

On October 17, 1940, the Soldiers' and Sailors' Civil Relief Act became effective. The discussions which follow, written by different authors, do not cover the entire act, but only the parts indicated by the various headings.

Taxes And Assessments

Michigan Law Review

Provisions for tax relief for members of the military and naval forces of the United States are found not only in the Soldiers' and Sailors' Relief Act, but also in three other important federal statutes, namely, the Internal Revenue Code, the War Pay and Allotments Act of 1942, and the Current Tax Payment Act of 1943. Relief measures fall into three classes: (1) those granting postponement of taxes and tax proceedings, (2) those providing reduction of the tax burden, and (3) those providing abatement of taxes in the event of death in military service. Those provisions will be discussed in …