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Articles 1 - 6 of 6
Full-Text Articles in Law
The Brethren-Woodward & Armstrong, James E. Bond
The Brethren-Woodward & Armstrong, James E. Bond
Faculty Articles
James E. Bond reviews Woodward & Armstrong’s The Brethren.
Bodily Evidence And Rule 312, M.R.E., David A. Schlueter
Bodily Evidence And Rule 312, M.R.E., David A. Schlueter
Faculty Articles
n addressing the issues of obtaining bodily evidence, such as bodily fluids, from a suspect, Rule 312 of the Military Rules of Evidence must be considered in conjunction with the issues of self-incrimination, due process, and the Fourth Amendment. The Rule describes the procedures for collection of bodily evidence of service members. For example, a service member may not invoke the right against self-incrimination for external bodily evidence, but may when bodily fluids or cavity searches are requested. Any nonconsensual search may be conducted if it is both reasonable and performed under one of the authorized procedures of Rule 312. …
Elimination Of The Conduct Requirement In Government Monopolization Cases, John B. Kirkwood, Alfred F. Dougherty, James D. Hurwitz
Elimination Of The Conduct Requirement In Government Monopolization Cases, John B. Kirkwood, Alfred F. Dougherty, James D. Hurwitz
Faculty Articles
On July 12, 1978, Professor John Flynn of the University of Utah Law School urged the National Commission for the Review of Antitrust Laws and Procedures (National Commission or NCRALP) to consider recommending that Congress amend section 2 of the Sherman Act to permit the government to challenge persistent and substantial monopoly power without showing that the monopoly power was acquired or maintained through objectionable conduct. In Professor Flynn's view, eliminating the prevailing conduct requirement in certain government monopolization cases would expedite litigation and produce more effective remedies, two of the National Commission's central objectives. First, this article explains that …
Liability And Damages In Libel And Slander Law, Melinda J. Branscomb
Liability And Damages In Libel And Slander Law, Melinda J. Branscomb
Faculty Articles
This article discusses the traditional law of defamation, with particular emphasis on standards of liability and proof of compensatory damages, and points out inconsistencies in these rules and problems with their application. It analyzes two major Supreme Court decisions that concern libel of public figures and officials and libel of private-citizen plaintiffs. This article then discusses three recent Tennessee cases and their impact upon the state's defamation law. It finds that a less complex, more uniform law of defamation is needed in light of the intricacies of traditional defamation law and its recent changes at the Supreme Court and state …
The Court-Martial: A Historical Survey, David A. Schlueter
The Court-Martial: A Historical Survey, David A. Schlueter
Faculty Articles
In this article, Captain (P) Schlueter describes the development of the legal tribunal known as the court-martial. Beginning with the use of this form of trial in the armies of imperial Rome two thousand years ago, the author traces its evolution through the Middle Ages, to Britain from the Renaissance to the American Revolution. The focus then shifts to the United States, and the focus then shifts to the present day.
Tempia, Turner, Mcomber And The Military Rules Of Evidence: A Right To Counsel Trio With The New Look, David A. Schlueter
Tempia, Turner, Mcomber And The Military Rules Of Evidence: A Right To Counsel Trio With The New Look, David A. Schlueter
Faculty Articles
The potential for litigating right to counsel issues is ripe, and the new Military Rules of Evidence and recent case law ensure ample opportunity for litigation. Several significant developments in the law of military interrogations warrant an examination of a military suspect’s right to counsel. A series of Court of Military Appeals decisions have either clarified or expanded military case law on military interrogations. The pending new Military Rules of Evidence will implement a large amount of military case law, in some instances alter existing law, and more closely align military interrogation practices with prevailing civilian rules. Counsel should focus …