THE EFFECT OF MARTIAL LAW UPON THE SOLDIER'S LIABILITY TO THE CITIZEN

Authors

Abstract

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?

Recommended Citation

THE EFFECT OF MARTIAL LAW UPON THE SOLDIER'S LIABILITY TO THE CITIZEN, 23 Mich. L. Rev. 887 (1925).
Available at: https://repository.law.umich.edu/mlr/vol23/iss8/6