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Articles 1 - 30 of 32
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The Cartoon Physics Of The Court-Martial, John M. Bickers
The Cartoon Physics Of The Court-Martial, John M. Bickers
West Virginia Law Review
No abstract provided.
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea
West Virginia Law Review
Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
West Virginia Law Review
This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive action in …
The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker
The Execution Of The Innocent In Military Tribunals: Problems From The Past And Solutions For The Future, Justin Walker
West Virginia Law Review
No abstract provided.
You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones
You've Come A Long Way Baby: The Model State Code Of Military Justice And Its Implications For The National Guard And Private Joe Snuffy, Jared J. Jones
West Virginia Law Review
No abstract provided.
Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley
Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley
West Virginia Law Review
Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …
Shoot First, Ask Questions Later: Double-Tapping Under The Laws Of War, Stephen W. Simpson
Shoot First, Ask Questions Later: Double-Tapping Under The Laws Of War, Stephen W. Simpson
West Virginia Law Review
No abstract provided.
Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown
Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown
West Virginia Law Review
No abstract provided.
The Aals Sexual Orientation Policy: The Argument Against Barring Military Recruiters From Law School Campuses, Christopher R. Mcdowell
The Aals Sexual Orientation Policy: The Argument Against Barring Military Recruiters From Law School Campuses, Christopher R. Mcdowell
West Virginia Law Review
No abstract provided.
The Citizen-Soldier Under Federal And State Law, James Biser Whisker
The Citizen-Soldier Under Federal And State Law, James Biser Whisker
West Virginia Law Review
No abstract provided.
An Equal Right To Fight: An Analysis Of The Constitutionality Of Laws And Polices That Exclude Women From Combat In The United States Military, Kathy L. Snyder
An Equal Right To Fight: An Analysis Of The Constitutionality Of Laws And Polices That Exclude Women From Combat In The United States Military, Kathy L. Snyder
West Virginia Law Review
No abstract provided.
United States V. Stanley: Has The Supreme Court Gone A Step Too Far, Andrew P. Doman
United States V. Stanley: Has The Supreme Court Gone A Step Too Far, Andrew P. Doman
West Virginia Law Review
No abstract provided.
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood
West Virginia Law Review
No abstract provided.
War Powers Legislation: An Addendum, J. Terry Emerson
War Powers Legislation: An Addendum, J. Terry Emerson
West Virginia Law Review
No abstract provided.
War Powers Legislation, J. Terry Emerson
War Powers Legislation, J. Terry Emerson
West Virginia Law Review
No abstract provided.
Draft Law--Requirements For Classification And Exemption As A Conscientious Objector, Robert R. Fredeking Ii
Draft Law--Requirements For Classification And Exemption As A Conscientious Objector, Robert R. Fredeking Ii
West Virginia Law Review
No abstract provided.
Constitutional Law--Armed Forces--Living In Two Worlds, William Robert Wooton
Constitutional Law--Armed Forces--Living In Two Worlds, William Robert Wooton
West Virginia Law Review
No abstract provided.
Judicial Review--Selective Service Classifications, Gary Gordon Markham
Judicial Review--Selective Service Classifications, Gary Gordon Markham
West Virginia Law Review
No abstract provided.
Constitutional Law--Court-Martial--Jurisdiction Over Civilian Dependents And Employees, A. M. P.
Constitutional Law--Court-Martial--Jurisdiction Over Civilian Dependents And Employees, A. M. P.
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, M. D. W. Jr.
Abstracts Of Recent Cases, M. D. W. Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--Military Courts Martial--Trial Of Civilians, C. R. S.
Constitutional Law--Military Courts Martial--Trial Of Civilians, C. R. S.
West Virginia Law Review
No abstract provided.
Age Of Testamentary Capacity To Make Soldiers' And Sailors' Wills, K. J. V.
Age Of Testamentary Capacity To Make Soldiers' And Sailors' Wills, K. J. V.
West Virginia Law Review
No abstract provided.
Due Process And The Wartime Draft Of Manpower, Clyde L. Colson
Due Process And The Wartime Draft Of Manpower, Clyde L. Colson
West Virginia Law Review
No abstract provided.
Martial Law And Habeas Corpus, John H. Hatcher
Martial Law And Habeas Corpus, John H. Hatcher
West Virginia Law Review
No abstract provided.
Neutrality, Its History, Economics And Law, Vol. Ii: The Napoleonic Period And Vol. Iii The World War Period, Thomas E. Ennis
Neutrality, Its History, Economics And Law, Vol. Ii: The Napoleonic Period And Vol. Iii The World War Period, Thomas E. Ennis
West Virginia Law Review
No abstract provided.
The Interpretation Of Treaties By Judicial Tribunals, Keener C. Frazer
The Interpretation Of Treaties By Judicial Tribunals, Keener C. Frazer
West Virginia Law Review
No abstract provided.
Veterans' Legislation And Limitations Upon The Implied Powers Of Congress, Robert T. Donely
Veterans' Legislation And Limitations Upon The Implied Powers Of Congress, Robert T. Donely
West Virginia Law Review
The enactment of "veterans' legislation" by the Congress of the United States, in all its various phases, is essentially a gift in the form of money or services to a specially constituted minority of citizens. Since the source of the funds applied to such purposes flows, by the incidence of taxation, from the assets of the people as a whole, the inquiry is at once suggested: upon what theory is justified this collection from the many and donation to the few? If, by hypothesis, all would agree that this is undemocratic, what is the basis for the exception to the …
The President And Military Power In Emergencies, Charles Mccamic
The President And Military Power In Emergencies, Charles Mccamic
West Virginia Law Review
No abstract provided.
Workmen's Compensation--Application To National Guardsman, John B. Chase
Workmen's Compensation--Application To National Guardsman, John B. Chase
West Virginia Law Review
No abstract provided.
Naturalization Proceedings--Oath Of Allegiance--Mental Reservations As To Bearing Arms, Henry P. Snyder
Naturalization Proceedings--Oath Of Allegiance--Mental Reservations As To Bearing Arms, Henry P. Snyder
West Virginia Law Review
No abstract provided.