Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 12 of 12
Full-Text Articles in Law
Nuclear Weapons And Constitutional Law, Arthur S. Miller
Nuclear Weapons And Constitutional Law, Arthur S. Miller
Nova Law Review
The time has come for lawyers to confront the question of whether
nuclear weapons-their manufacture, deployment, and use-can be
justified under either constitutional or international law.
A Grenville Clark Hypothetical, Gerald T. Dunne
A Grenville Clark Hypothetical, Gerald T. Dunne
Nova Law Review
In any discussion of Nuclear Weapons, Grenville Clark (1882-
1967) is an important figure. He had a long, happy, and successful life.
Born to wealth, power, and position, his historic achievements included
distinction in two wars-launching the Plattsburg training camps
which were the catalyst of the Preparedness Movement in World War
I, and in World War II virtually single-handedly securing the enactment
of the Selective Service and Training Act of 1940 which produced
a minimally armed America on the eve of Pearl Harbor.
The Constitution And Nuclear Defense, Arval A. Morris
The Constitution And Nuclear Defense, Arval A. Morris
Nova Law Review
It is becoming common knowledge" that the combined nuclear
arsenals of the United States and the Soviet Union contain more than
50,000 warheads, having a destructive power more than one million
times greater than the atomic bomb that destroyed Hiroshima.
Nuclear War: The End Of Law, Milner S. Ball
Nuclear War: The End Of Law, Milner S. Ball
Nova Law Review
Professor Miller summons us to consider the constitutionality of
nuclear weapons. In doing so, he has made an original, provocative contribution
to constitutional jurisprudence as well as the humanizing
politics of nuclear arms control. He speaks with scholarly responsibility
on a subject that has heretofore engendered either silence or nonsense
and bombast.
Nuclear Weapons Policy: The Ultimate Tyranny, Elliot L. Meyrowitz
Nuclear Weapons Policy: The Ultimate Tyranny, Elliot L. Meyrowitz
Nova Law Review
In Foreign Affairs and The Constitution,' Professor Louis Henkin
pointed out that one of the important traditional functions of the Constitution,
albeit many times overlooked and ignored, has been to limit
the actions of our government in the area of foreign relations.
Nuclear Weapons: Unconstitutional Or Just Unjust?, Gary L. Mcdowell
Nuclear Weapons: Unconstitutional Or Just Unjust?, Gary L. Mcdowell
Nova Law Review
Before one can reasonably assess Professor Miller's argument in
"Nuclear Weapons and Constitutional Law," a fundamental distinction
needs to be drawn. That distinction is between the Constitution and
constitutional law. For Professor Miller, there is no Constitution beyond
constitutional law; the Constitution is only what the judges say it
is - no more, no less.
In Brief Rejoinder, Arthur S. Miller
In Brief Rejoinder, Arthur S. Miller
Nova Law Review
The editors of the Nova Law Journal have invited me to comment
upon the responses that were received to my preliminary foray into the
applicability of constitutional norms to nuclear weapons. I am happy to
do so
The Frail Constitution Of Good Intentions, Stanley C. Brubaker
The Frail Constitution Of Good Intentions, Stanley C. Brubaker
Nova Law Review
If I understand the architecture of Professor Miller's argument
correctly, his lofty conclusion rests on two pillars, either of which he
regards as adequate to support it; these pillars in turn arise from a
single foundational premise.
Wisdom, Constitutionality, And Nuclear Weapons Policy, Dean Alfange Jr.
Wisdom, Constitutionality, And Nuclear Weapons Policy, Dean Alfange Jr.
Nova Law Review
In a well-known passage in his famous dissent in the flag-salute
case of 1943, Justice Felix Frankfurter wrote:
Our constant preoccupation with the constitutionality of legislation
rather than with its wisdom tends to preoccupation of the American
mind with a false value. The tendency of focussing attention on
constitutionality is to make constitutionality synonymous with wisdom,
to regard a law as all right if it is constitutional. Such an
attitude is a great enemy of liberalism. . . . Reliance for the most
precious interests of civilization, therefore, must be found outside
of their vindication in courts of law.
International Law As Law Of The Land: Another Constitutional Constraint On Use Of Nuclear Weapons., Martin Feinrider
International Law As Law Of The Land: Another Constitutional Constraint On Use Of Nuclear Weapons., Martin Feinrider
Nova Law Review
Concern now focuses on the threat to humankind posed by nuclear
weapons to an extent not seen since the days of the Ban-the-Bomb
movement of the 1950s.
Lawyers Can, But Law May Be Unable To Contribute To Nuclear Weapons Debate, L. Harold Levinson
Lawyers Can, But Law May Be Unable To Contribute To Nuclear Weapons Debate, L. Harold Levinson
Nova Law Review
Professor Miller concludes that "law and lawyers have something
useful to contribute to the growing debate about nuclear war." I agree
that lawyers can make a useful contribution. Whether the law can
make a contribution is quite another matter, on which I have serious
doubts.
Protecting Posterity, Aviam Soifer
Protecting Posterity, Aviam Soifer
Nova Law Review
Professor Arthur S. Miller, a master of the genre of creative constitutionalism,
contributes an impressive example in his article, Nuclear
Weapons and Constitutional Law.