Law Commons^™

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley

Managed News, Stifled Views: Free Expression As A Casualty Of The Persian Gulf War, Gara Lamarche

NYLS Journal of Human Rights

No abstract provided.

The Strategic Defense Initiative And The Militarization Of Space: Scientific Responsibility And Citizen Resistance, Matthew Lippman

Penn State International Law Review

The moderating of international tensions between the superpowers, the slowing of the nuclear arms race and the promise of a peace dividend have all contributed to a lessened popular concern over issues of national defense.1 The diversion of attention from war and peace has resulted in little scholarly attention being paid to the ominous potential growth in third-generation high-technology weapons.

After The Gulf War: Prosecuting Iraqi Crimes Under The Rule Of Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

In this Article, Professor Beres proposes that Iraqi crimes committed during the Gulf War should be prosecuted under international law. He suggests that the United States should take the lead in this prosecution, utilizing a Nuremberg-style trial.

The Article first discusses history of the antigenocide regime in the international arena. The criminalization of genocide has been built upon the norms of international custom, natural law principles, and generally-accepted principles of law recognized by civilized nations. Moreover, evidence of this regime may be found in the Genocide Convention, the United Nations Charter, and other treaties and conventions.

Professor Beres next examines …

Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper

Vanderbilt Journal of Transnational Law

Major Lepper examines an apparent irreconcilability between the NATO Status of Forces Agreement (SOFA) and the European Convention on Human Rights (ECHR) as reflected in the recent Dutch High Court decision of Short v. The Kingdom of the Netherlands. Staff Sergeant Short, a member of the United States Air Force, was charged with the murder of his wife. Under the SOFA, the Netherlands was obligated to surrender Short to the United States. It refused, basing its actions on its adherence to the ECHR and its concerns about the possible implementation of the death penalty in the United States.

The ECHR …

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.

Moving International Law From Theory To Practice: The Role Of Military Manuals In Effectuating The Law Of Armed Conflict, W. Michael Reisman, William K. Leitzau

International Law Studies

No abstract provided.

The Law Of Submarine Warfare Today, Jon L. Jacobson

International Law Studies

No abstract provided.

Nuclear, Chemical, And Biological Weapons, Howard S. Levie

International Law Studies

No abstract provided.

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

Index

International Law Studies

No abstract provided.

Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison

International Law Studies

No abstract provided.

Maritime War Zones & Exclusion Zones, L.F.E. Goldie

International Law Studies

No abstract provided.

Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron

Michigan Journal of International Law

This Note will give an analysis of the scholarship that has appeared in this field, as well as the actual practice of States, to determine if any fixed rules have been established in this area, and if so, what they are. It will do so by looking at the debates that have taken place concerning the application of the language and underlying principles of the U.N. Charter in order to see if these norms of State action prohibit economic diplomacy. The Note will then look to the actual practice of States to determine whether it provides adequate evidence of opinion …

Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven

International Law Studies

No abstract provided.

Burning Of The Kuwaiti Oilfields And The Laws Of War, Rex J. Zedalis

Vanderbilt Journal of Transnational Law

In this Article, the author addresses the question of whether Iraq's destruction of Kuwaiti oil fields constitutes a violation of the laws of war, particularly with respect to article 53 of the Fourth Geneva Convention, known as the Civilians Convention. After an introductory section evaluating the amount and nature of destruction suffered by the Kuwaiti oil industry, the author discusses whether article 53 covers destruction of state-owned oil fields. Although the specific language of the article appears to favor coverage, the history behind article 53 suggests that it protects property of a sort different than the state-owned property destroyed by …

The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway

Journal of Law and Health

This note will attempt to give a brief background on how the West Bank and Gaza Strip became the "occupied territories", analyze the treatment of Palestinians under Israeli occupation, and interpret the international law that relates to those territories, specifically the Fourth Geneva Convention and the United Nations Resolutions which address the protection of the health and well-being of the Palestinians under Israeli occupation.

Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson

St. Mary's Law Journal

Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …

Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling

St. Mary's Law Journal

In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …

Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson

St. Mary's Law Journal

In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …

First-To-Invent: A Superior System For The United States., Ned L. Conley

St. Mary's Law Journal

The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …

Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox

St. Mary's Law Journal

Abstract Forthcoming.

Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales

St. Mary's Law Journal

This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas., John Hill Cayce Jr.

St. Mary's Law Journal

Fatal procedural errors can prevent appellees from preserving judgements and appellants from seeking review of court decisions on appeal. This article is a practical guide identifying critical concepts necessary to preserve the various rights of appeal. By examining the Texas Rules of Appellate Procedure, the author identifies procedural pitfalls attorneys may face when attempting to preserve appeals to the Texas Supreme Court or the appellate courts of Texas. Although the Texas Supreme Court has endeavored to eliminate procedural traps from civil appeals, a significant number of requests for appeal fail because lawyers do not follow the requirements necessary to preserve …

The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.

St. Mary's Law Journal

In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …

Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez

St. Mary's Law Journal

Abstract Forthcoming.

Why The United States Should Adopt The First-To-File System For Patents., Bernarr R. Pravel

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Of Thomas Buergenthal Address - Introduction., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

The Carryforward Of Net Operating Losses And Other Tax Attributes After Bankruptcy Reorganizations., Martin M. Van Brauman

St. Mary's Law Journal

When stock is exchanged for debt in a bankruptcy reorganization, potentially abusive tax situations can result if the reorganization occurs strictly for the carryforward of tax attributes to the acquiring corporation. The basic question is to what extent the discharge of indebtedness provisions, the application of the various statutory and judicial requirements, and the consolidated return regulations prohibit or restrict the carryforward of the tax history of the debtor corporation. Bankruptcy reorganization for a corporation under Chapter 11 of the Bankruptcy Code can take the form of either a recapitalization or a reorganization. Because a “G” reorganization involves a discharge …

Giving The Gift Of Life: A Survey Of Texas Law Facilitating Organ Donation., Eric C. Sutton

St. Mary's Law Journal

Abstract Forthcoming.