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Full-Text Articles in Law
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Michigan Law Review
A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …
Fisher: International Conflict For Beginners, Stanley D. Metzger
Fisher: International Conflict For Beginners, Stanley D. Metzger
Michigan Law Review
A Review of International Conflict for Beginners by Roger Fisher
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Michigan Law Review
Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
University of Michigan Journal of Law Reform
One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …