The Law of Martial Rule |
Contents
CHAPTER | 1 |
Martial Law Applied to Civilians | 6 |
The Petition of Right 1628 | 9 |
The Petition of Right as Applicable to Soldiers | 10 |
Martial Law in Time of Peace | 13 |
CHAPTER II | 19 |
The Proclamation of Martial Law | 22 |
Limiting Martial Law | 24 |
A Sequel to the Marais Case | 143 |
The Irish Cases | 146 |
CHAPTER VIII | 157 |
Criteria of the Legality of Martial Rule | 163 |
Punitive Martial Rule in the States | 167 |
Offenses Against the Laws of War the Saboteurs Case | 173 |
The Supreme Court in Ex parte Quirin | 188 |
The Present State of the Law | 195 |
Other Questions Incidental to Martial Law | 25 |
CHAPTER III | 28 |
Martial Rule Differentiated from the Use of Troops in the Aid of Civil Authorities | 30 |
PAGE | 31 |
Martial Law and Military Law | 38 |
Martial Rule Distinguished from Military Government | 40 |
Martial Rule Differentiated from the Suspension of the Writ of Habeas Corpus | 42 |
Degrees of Martial Rule | 45 |
The Principles of Law Governing Martial Rule | 47 |
Martial Rule Instituted by the Legislature | 58 |
Emergency Powers Act 1920 Compared with the French State | 66 |
Emergency Legislation in Time of War | 72 |
CHAPTER V | 80 |
Provisions of Federal Law | 94 |
CHAPTER VI | 108 |
30 The Distinction Between Insurrection and War | 116 |
CHAPTER VII | 125 |
The Marais Case | 136 |
CHAPTER IX | 204 |
Preventive Detention as a Means of Suppressing Insurrection | 209 |
Other Measures for Suppressing Insurrection | 218 |
Military Control in the Field in Time of War | 223 |
Emergency Government in Great Britain | 226 |
Military Control in the United States in the Second World War | 239 |
CHAPTER X | 262 |
The Proceedings of a Military Commission | 264 |
The Jurisdiction of Military Commissions | 265 |
53 A Practical Guide | 271 |
CHAPTER XI | 279 |
Acts of Indemnity in the British Empire | 280 |
Acts of Indemnity in the United States | 282 |
Statutory Provisions Concerning the Liability of Officers | 296 |
Civil Liability of Subordinates | 304 |
TABLE OF CASES CITED | 315 |
INDEX | 327 |
Copyright | |