Military, War, and Peace Commons^™

Treatment Of Alien Enemy Property In War Time And After By The United States, Rex M. Potterf

Indiana Law Journal

No abstract provided.

Neutral Convoy In The World War, Amry Vandenbosch

Kentucky Law Journal

No abstract provided.

The United States "War Power" And Limited Government, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

The New Law Of Nations, Edwin D. Dickinson

Articles

"In these disillusioned years which are the aftermath of the World War the law of nations has come to be regarded in many quarters with a kind of sophisticated skepticism. It is freely asserted that the law has proved a futile reliance, that it has broken down, and it is asked--with an air of unbelief too obvious to be misunderstood--What is there that is ever likely to be done about it?"

The Effect Of Martial Law Upon The Soldier's Liability To The Citizen

Michigan Law Review

The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?

The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake

Michigan Law Review

Not the least serious of the evil effects of the Great War has been the resultant collapse in value of the currencies of foreign countries and the consequent dislocation of exchanges. The case of Sirie v. Godfrey, decided in the Appellate Division of the Supreme Court of New York, presents clearly one of the legal problems arising out of this situation. Goods were bought by an American lady in Paris, in 1913 and 1914, at a cost of about 10,000 francs. These goods were delivered in due time but were not paid for. At the time the goods were …

The United States And The Mandates, Quincy Wright

Michigan Law Review

Although the United States has not yet become a member of the League of Nations nor burdened itself with any responsibilities in regard to the mandatory system established by that instrument for the government of former German and Turkish colonies, nevertheless (1) American influence was all important in gaining acceptance of the system by the Paris Peace Conference. (2) American influence was again felt in the process of putting the system into practical operation. (3) Finally the right of America to influence the future operation of the mandates irrespective of her ultimate relation to the League of Nations has been …

War Crimes, Elbridge Colby

Michigan Law Review

Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that …

War Crimes, Elbridge Colby

Michigan Law Review

It is not necessary to enumerate exactly what may now be considered war crimes or violations of the laws of war. The list will change from time to time, by the addition of new offences and the omission of those now so considered. Most of the Hague Conventions and rules and regulations are sufficiently well furnished with the signatures of world wide plenipotentiaries and adequately ratified to insure of their being accepted as international law on the points covered. There are only a few exceptions. In general the precepts are valid. Indeed, most modern writers on international law, when they …

Review Of International Law And Some Current Illusions And Other Essays, By J. B. Moore, Henry M. Bates

Reviews

Professor Bates writes: "Most timely ... is the publication of this volume of papers by the most distinguished and the most widely experienced American scholar in the field of international law....

"Judge Moore is a firm believer in the so-called 'equality of nations' and contends that an association based upon any other theory merely invites trouble. Nor does he believe that force can be safely relied upon to preserve international peace....

"The book is of very great value. Every page of it compels thinking and reflection; moreover it is good reading even for the uninitiated...."

Permanent Court Of International Justice, Edwin D. Dickinson

Reviews

"The author of this volume of collected papers and addresses is well known as the Bemis Professor of International Law in Harvard Law School, sometime member of the Legal Section of the Secretariat of the League of Nations, and the most efficient advocate of the new Permanent Court of International Justice in America. His enterprise as an advocate is sufficiently attested by the fourteen brilliant papers reproduced in this volume and the nine other titles of similar nature listed in the bibliography, all of them produced during the last three years....

"The exceptional timeliness of the book and the quality …

Courts-Martial, Harlan Hobart Grooms

Kentucky Law Journal

No abstract provided.

International Political Questions In The National Courts, Edwin D. Dickinson

Articles

"Much has been made of the principle, in England and America, that international law is part of the national law to be applied by national courts in appropriate circumstances. As Mr. Justice Gray has expressed it, in the Paquete Habana: 'International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as question of right depending upon it are duly presented for their determination...'

This principle is useful, where it is applicable, but it is subject to limitations which are sometimes inadequately appreciated ..."

International Law, Edwin D. Dickinson

Reviews

Professor Dickson reviews "International Law," by C. G. Fenwick, noting that there are many such books available on the topic: monographs, casebooks, digests, collections of documents etc. He finds some of the material worthy of passing criticism and notes that "The chapters vary somewhat in quality and quantity." But Dickinson also praises "the fine tone of impartiality which makes it possible to present matters both recent and controverted in the restrained and temperate manner of the true scientist."

Contracts With The United States, Grover C. Grismore

Michigan Law Review

It has been settled since a comparatively early day in the history of our government that "the United States being a body politic, may, within the sphere of the constitutional powers confided to it, and through the instrumentality of the proper department to which those powers are confided, enter into contracts not prohibited by law, and appropriate to the just exercise of those powers." While this proposition became established without much of a struggle, it has not been so freely admitted that such contracts are to be given the same construction and effect as the contracts of individuals. In Smoot's …

The Occupation Of Michigan, Elbridge Colby

Michigan Law Review

The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham

Michigan Law Review

One of the outstanding results of the Great War, as regards international law, has been the tendency to question the bases of that law and to subject almost every portion of it to a minute examination, to determine its adequacy in governing effectively the relations of states to each other. This wholesale questioning has not confined itself merely to the laws of war and of neutrality-open as most of them may be to objection as a result of the practices in the course of the war-but also to the international law of peace, as regards the doctrine of the equality …

Federal Legislation For The Relief Of World War Disabled, Blakey Helm

Kentucky Law Journal

No abstract provided.

Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes

Michigan Law Review

Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …

The Road To World Peace: A Plan By Which The United States May Cooperate With Other Nations To Achieve And Preserve The Peace Of The World, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

The Permanent International Court Of Justice

Michigan Law Review

The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …

Prize Cases Decided In The United States Supreme Court, 1789-1918, Edwin D. Dickinson

Reviews

"It seems something of a paradox that our first and only complete collection of Supreme Court prize decisions should be published at last under the auspices of an endowment for international peace... And it has been the admirable purpose of the Carnegie Endowment to promote peace by rendering more available all authoritative sources of information about international affairs.

"There is more in common, indeed, between peace and prize cases than a mere matter of contact with international affairs. The development of international law, both as a general system and as a part of municipal law, has been developed by prize …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

A Guide To Diplomatic Practice, Edwin D. Dickinson

Reviews

"Sir Ernest Satow's Guide to Diplomatic Practice was first published in 1917. It was the first systematic treatise on the practice and procedure of diplomacy to be printed in the English language, covering a field already occupied in other languages....

"...[T]he author compiles a wealth of data accumulated in research and long experience in what may perhaps be described as the professional diplomatist's book of forms and precedents... It is chiefly a digest of diplomatic data intended to afford practical guidance in the routine of diplomatic organization, precedence and ceremonial, procedure, immunities, international congresses and conferences, the making of treaties …

The Return Of Property By The Alien Property Custodian, Carl Zollmann

Michigan Law Review

The Enemy Trade Act, out of which the office of the Alien Property Custodian has grown, is strictly a war measure under the power conferred on Congress by the United States Constitution to declare war and to "make rules concerning captures on land and water." Such power remains active as long as war legally exists. No constitutional right therefore is infringed by the enforcement of the act at any time prior to the peace resolution of July 2, 1921, notwithstanding the cessation of hostilities by the armistice of November n, 1918. This power, however, terminates with the legal termination of …

Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson

Articles

Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …