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- 11 U.S.C. § 502(a) (1)
- 11 U.S.C. § 546(a) (1)
- 11 U.S.C. § 704 (1)
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Articles 1 - 23 of 23
Full-Text Articles in Law
Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker
Intervention In The Yugoslav Civil War: The United Nations' Right To Create An International Criminal Tribunal, Barbara M. Tocker
Penn State International Law Review
No abstract provided.
War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt
War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt
Michigan Law Review
A Review of War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath by John Hart Ely
Executive Detention In Time Of War, Richard A. Posner
Executive Detention In Time Of War, Richard A. Posner
Michigan Law Review
A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson
Forthwith Service, Rule 4(M) And The Maritime Waiver Of Sovereign Immunity, James David Phipps
Forthwith Service, Rule 4(M) And The Maritime Waiver Of Sovereign Immunity, James David Phipps
Brigham Young University Journal of Public Law
No abstract provided.
Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice, Fredric I. Lederer, Barbara S. Hundley
Needed: An Independent Military Judiciary- A Proposal To Amend The Uniform Code Of Military Justice, Fredric I. Lederer, Barbara S. Hundley
William & Mary Bill of Rights Journal
No abstract provided.
Perspectives On The Gulf War, Majid Khadduri
Perspectives On The Gulf War, Majid Khadduri
Michigan Journal of International Law
Review of Crisis in the Gulf: Enforcing the Rule of Law by John Norton Moore, and The Gulf Conflict, 1990-1991: Diplomacy and War in the New World Order by Lawrence Freedman and Efraim Karsh
Military Justice: From Oxymoron To Aspiration, Janet Walker
Military Justice: From Oxymoron To Aspiration, Janet Walker
Osgoode Hall Law Journal
The mandate for Charter-based judicial review of military law is now in its second decade. Comparative analysis of the relationship between military law and the civilian judiciary in common law countries reveals that Canadian courts benefitting from this mandate are so placed within the constitutional structure as to be uniquely able to engage in substantive review of the adherence to the principles of fundamental justice by Canadian courts martial. Accordingly, the question of the jurisdiction of military tribunals which has formed the focal point internationally for judicial review is of passing significance in Canada. The yet critical issues of civilian …
The United States And Nuclear Terrorism In A Changing World: A Jurisprudential View, Louis Rene Beres
The United States And Nuclear Terrorism In A Changing World: A Jurisprudential View, Louis Rene Beres
Penn State International Law Review
No abstract provided.
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel
Florida State University Law Review
No abstract provided.
Bridling The International Trade Of Catastrophic Weaponary, Barry Kellman
Bridling The International Trade Of Catastrophic Weaponary, Barry Kellman
American University Law Review
No abstract provided.
Peace Perspective On The Taiwan United Nations Membership Question, 28 J. Marshall L. Rev. 259 (1994), Walter J. Kendall Iii
Peace Perspective On The Taiwan United Nations Membership Question, 28 J. Marshall L. Rev. 259 (1994), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk
Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk
Michigan Journal of International Law
At a dinner in Istanbul with Kurdish journalists and academicians in early 1992, a young sociologist told the author that he had just finished a survey of Kurdish attitudes toward different solutions to the Kurdish problem. His principal finding was that Kurds living in the Middle East were generally in favor of modest solutions within the boundaries of existing States, while Kurds living in exile were overwhelmingly in support of the establishment of a single sovereign State, to be called Kurdistan, that would provide a homeland for all Kurdish people. Whether or not the study would satisfy social science standards …
United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon
United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon
Michigan Journal of International Law
Part I of this article will examine the concept of domestic jurisdiction. One of the principal purposes of the United Nations is the maintenance of international peace and security, which in 1946 was thought to essentially entail maintaining the peace between nation States. Internal power struggles and conflicts were thought to be within the jurisdiction of the State where they took place, unless they posed a rather substantial "threat" to the peace. Thus, the drafters of the U.N. Charter made sharp distinctions between internal and international conflicts. For instance, the Charter generally proscribes international, but not domestic, conflict, and the …
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland
Michigan Journal of International Law
This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) …
Non-Proliferation, Self-Defense, And The Korean Crisis, Mark E. Newcomb
Non-Proliferation, Self-Defense, And The Korean Crisis, Mark E. Newcomb
Vanderbilt Journal of Transnational Law
The United Nations, the United States, and other interested governments have sought to minimize the proliferation of nuclear weapons. North Korea's apparent attempts to begin production of nuclear materials clearly undermine the goal of non-proliferation. Moreover, the introduction of nuclear weapons onto the Korean peninsula, a site of continued political and military tension, has added a threat of potential nuclear conflict. This Article investigates the history of the Korean crisis and places North Korea's attempt to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons in the context of the international non-proliferation regime and policy. The author then examines …
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith
St. Mary's Law Journal
Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …
Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro
Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro
St. Mary's Law Journal
Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson
St. Mary's Law Journal
This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
UIC Law Review
No abstract provided.
Self-Publication: Defamation Within The Employment Context., Howard J. Siegel
Self-Publication: Defamation Within The Employment Context., Howard J. Siegel
St. Mary's Law Journal
This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …
Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders
Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders
St. Mary's Law Journal
Abstract Forthcoming.
Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse
Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse
St. Mary's Law Journal
It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …
U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger
U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger
St. Mary's Law Journal
U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …