Law Commons^™

Military Law - Persons Subject To The Uniform Code Of Military Justice. United States V. Averette, 19 U.S.C.M.A. 363, 41 C.M.R. 363 (1970), Charles W. Boohar Jr.

William & Mary Law Review

No abstract provided.

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 …

Military Reservations: Forts Or Parks?, Robert Gerwig

William & Mary Law Review

No abstract provided.

Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno

Indiana Law Journal

No abstract provided.

Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame

Buffalo Law Review

Welsh v. United States, 398 U.S. 833 (1970).

Armed Forces - Selective Service - Operation Of Statute Of Limitations As A Bar To Prosecution For Failure To Register For Draft. Toussie V. United States, 90 S. Ct. 858 (1970), Susan B. Cocke

William & Mary Law Review

No abstract provided.

Constitutional Law--Armed Forces--Living In Two Worlds, William Robert Wooton

West Virginia Law Review

No abstract provided.

Fisher: International Conflict For Beginners, Stanley D. Metzger

Michigan Law Review

A Review of International Conflict for Beginners by Roger Fisher

Recycle Nixon, Students Of Risd, Risd Archives

Protest

Green Ecology Flag printed on computer printout paper.

Support Our Boys In Cambodia, Students Of Risd, Risd Archives

Protest

Silkscreened Anti-War poster advocating for support of troops.

Unity In Our Love Of Man, Students Of Risd, Risd Archives

Protest

Silkscreened Anti-War poster advocating for end to war's human suffering. depicts two young Vietnamese children, one carrying other on back.

Anti-Vietnam War Petition By Risd Museum, Risd Museum, Risd Archives

Protest

Anti-Vietnam War Petition by RISD Museum employees and staff.

Risd Alumni Bulletin Summer 1970, Stan Haste, Risd Public Affairs, Risd Archives

Protest

Summer issue chronicles the events of RISD Student Strike in May and June, 1970. Article illustrated with photos from Providence Journal.

Stop War, Students Of Risd, Risd Archives

Protest

Silkscreened Stop Sign Poster advocating Stop War.

Nixon / Hitler, Students Of Risd, Risd Archives

Protest

Silkscreened Anti-Vietnam War Protest poster revealing Hitler behind President Richard Nixon mask.

Armed Services - The Right To Pre-Induction Judicial Review. Breen V. Selective Service Local Board No. 16, 90 S. Ct. (1970), Robert R. Kaplan

William & Mary Law Review

No abstract provided.

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 …

Federal Habeas Corpus, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.

Military Jurisdiction Over Non-Service Connected Offenses

Washington and Lee Law Review

No abstract provided.

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.

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 …

Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley

Buffalo Law Review

United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969), prob. juris. noted, 396 U.S. 812, 90 S. Ct. 92 (1969).

Constitutional Law—The Serviceman’S Right To A Civilian Trial For A Non-Service Connected Crime, Bruce R. Fenwick

Buffalo Law Review

O'Callahan v. Parker, 395 U.S. 258 (1969).

Those Magnificent Commandos In Their Flying Machines, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Presidential War-Making, Henry Paul Monaghan

Faculty Scholarship

The Vietnam "war" has convinced many persons that the president of the United States claims apparently unlimited power to commit this country to war. Not surprisingly, therefore, considerable interest has focused on the powers that inhere in the presidency. And many critics of the war – those who in other times and in other contexts might have been sympathetic to a spacious conception of presidential power – have concluded that the Vietnam conflict is not only a tragic error, but is the direct result of unconstitutional conduct by the president. I cannot accept this view; at bottom, it seems to …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

===================

HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

===============

INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

============

INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

============

THE WINDS OF FREEDOM

By Dean Rusk …

O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue

Villanova Law Review

No abstract provided.

The Nonproliferation Treaty And Peaceful Uses Of Nuclear Explosives, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

The Civilianization Of Military Law, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.