National Security Law Commons^™

Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall

Michigan Law Review

The federal government's domestic uranium ore procurement program, initially announced following World War II to ensure maximum exploration and development for military purposes, has met with extraordinary success. So improved is this country's military uranium picture that the Atomic Energy Commission was recently able to announce that uranium concentrate purchases would not be further increased. This announcement is viewed as a matter .of serious concern by the domestic ore producer, who must continue to look to the federal government as his sole market; a noticeable private market for peaceful uses of atomic energy fuels may not be realized for more …

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

Application For Federal Employment, Bern Porter

Security Files

Bern Porter's application to the Civil Service Commission for an engineering position in Alaska.

Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue

Michigan Law Review

It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.

U.S. Civil Service Commission Letter, Bern Porter

Security Files

A letter affirming that Bern Porter was not a member of an allegedly Communist-associated group.

Bontecou: The Federal Loyalty-Security Program, Theodore J. St. Antoine S.Ed.

Michigan Law Review

A Review of THE FEDERAL LOYALTY-SECURITY PROGRAM. By Eleanor Bontecou.

Incidents Of The Government-Servant Relationship, Ivor L.M. Richardson

Michigan Law Review

The procedures developed in the past five years to meet the threat of communist infiltration into public employment have focused attention on the position of persons working for the federal government. However, the loyalty program and the general problem of dismissal are not the only aspects of federal employment which raise important issues. Other aspects of the government-servant relationship may be of even greater importance to the civil servant in practice. For instance, what are his legal rights to his salary or to his pension if the government refuses to pay? Can he secure redress if he is suspended from …

Report On Suitability For Federal Employment, Bern Porter

Security Files

No abstract provided.

Record Search Information, Bern Porter

Security Files

Committee on Un-American Activities report on links between the Russian Communist Party and various American technical associations.

National Security And Individual Freedom. John Lord O'Brian., Paul D. Lagomarcino

Buffalo Law Review

No abstract provided.

Evidence - Privilege - Maintaining Action Where The Evidence May Affect The National Security, John F. Dodge, Jr. S.Ed.

Michigan Law Review

The plaintiff brought an action for the breach of a contract for the manufacture of certain arming mechanisms for the use of the United States Army. The defendant moved to dismiss the action on the grounds that the contract in question was classified as confidential by the army and that the disclosures of certain facts asserted to be material in the prosecution and defense of the action would be a violation of the Federal Espionage Laws. Held, motion denied. The court should invoke every proper judicial technique to keep state secrets unrevealed, but it should not dismiss a valid …

Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle

Michigan Law Review

This comment is intended as a preliminary step in an analysis of the legislative history of the act and a consideration of both its potential effectiveness and constitutional validity.

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 …

Alsop: We Accuse!, George S. Flint S.Ed.

Michigan Law Review

A Review of We Accuse! By Joseph and Stewart Alsop

Record Search Information: Coastlines, Bern Porter

Security Files

A report on a supposedly Communist-associated magazine seized in a police raid (and which contained an advertisement mentioning Bern Porter).

Security And The Constitution, W. Howard Mann

Articles by Maurer Faculty

No abstract provided.

Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt

Michigan Law Review

State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.

Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.

Michigan Law Review

Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).

Ucmj--Does It Work? Evaluation At The Field Level, 18 Months Experience, Chester Ward

Vanderbilt Law Review

Combat area experience of Naval units applying UCMJ in the Korean theatre is now available for appraisal. To foreshadow effects of the new code upon administration of Naval Justice under conditions of another world war, the Commander-in-Chief, U.S. Pacific Fleet, directed an on-the-spot survey of the impact of the Code upon all types of naval vessels in the Japan-Korea area. Included were nearly 100 ships, consisting of 9 large combat types, 38 destroyers or destroyer-escorts, 2 submarines, 22 transport and amphibious type and 12 mine-sweepers. The reactions to UCMJ produced through this CINCPACFLT survey are predominantly and primarily those of …

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.

Organization Of The Federal Government For The Current Defense Production Program, Charles H. Kendall

Buffalo Law Review

No abstract provided.

Security, Loyalty And Science. By Walter Gellhorn., Clyde W. Summers

Buffalo Law Review

No abstract provided.

International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.

Michigan Law Review

Diplomatic officers are immune from the criminal jurisdiction of the receiving state under well-recognized principles of customary international law, which principles are said to be a part of the law of the United States. As international organizations developed, certain privileges and immunities were given to their personnel by treaties or agreements and it appeared that by common consent of the family of nations their right to immunities might also come to be recognized as a principle of the law of nations. As yet the United States has not recognized such a principle and jurisdictional immunity here must still be provided …

Public Opinion And Foreign Policy, Michigan Law Review

Michigan Law Review

A Review of PUBLIC OPINION AND FOREIGN POLICY Edited by Lester Markel.

Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin

Michigan Law Review

Petitioner, a German alien enemy, had been arrested and interned during the war by virtue of broad summary powers granted the Chief Executive by the Alien Enemy Act of 1798. The act subjects alien enemies to apprehension, detention, and deportation upon order of the President "whenever there is a declared war . . . . " Under authority of the act, the President, on July 14, 1945, ordered the removal of all alien enemies "who shall be deemed by the Attorney General to be dangerous to the public peace . . . . " Though the act makes no provision …

Newman And Miller: The Control Of Atomic Energy, Michigan Law Review

Michigan Law Review

A Review of THE CONTROL OF ATOMIC ENERGY. By James R. Newman and Byron S. Miller.

Loyalty And Character Report For War Department, Bern Porter

Security Files

A positive report on an investigation into Bern Porter's character conducted in his hometown of Houlton, Maine.

Personnel Security Questionnaire, Bern Porter

Security Files

A request for information on Bern Porter's employment at Princeton.

Disloyalty And Denaturalization, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

Constitutional Law-Martial Law-Suspension Of The Law

Michigan Law Review

Fifteen thousand workmen in a county struck, forced business houses to close, cut off the milk supply even to hospitals, threatened electric and water company employees with violence, stopped all transportation services, and congregated in mobs. On request of the local authorities the governor issued a proclamation suspending the right to carry arms, the right of assembly, and the right to enter or leave the county, and directed the military to disperse all crowds, picketers, or other assemblages. A striker imprisoned by the military forces sued to enjoin the governor and military officials from carrying out the proclamation on the …