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Federalism And The Military Power Of The United States, Robert Leider
Federalism And The Military Power Of The United States, Robert Leider
Vanderbilt Law Review
This Article examines the original meaning of the constitutional provisions governing the raising and organization of military forces. It argues that the Framers carefully divided the military between the federal and state governments. This division provided structural checks against the misuse of military power and made it more difficult to use offensive military force. These structural checks have been compromised by the creation of the U.S. Army Reserve, the dual enlistment of National Guard officers and soldiers, and the acceptance of conscription into the national army, all of which have enhanced federal military power beyond its original constitutional limits.
This …
Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik
Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik
Vanderbilt Law Review
Constitutional Law--Criminal Procedure-Circuits Split over Application of Stone v. Powell's "Opportunity for Full and Fair Litigation"
James H. Lokey, Jr.
In Stone v. Powell,' the third 1976 decision, the Supreme Court made a limited but distinct break with precedent. Stone held that a state prisoner may not be granted federal habeas relief on the ground that evidence obtained in an unconstitutional search and seizure was introduced at his trial as long as the state has provided an "opportunity for full and fair litigation" of his fourth amendment claim." The Court, as noted previously, did not define what kind of "opportunity" …
Book Reviews, Robert J. Harris (Reviewer), Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)
Book Reviews, Robert J. Harris (Reviewer), Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)
Vanderbilt Law Review
Book Reviews
American Constitutional Law By Bernard Schwartz Cambridge:Cambridge University Press, 1955. Pp. xiv, 364. $5.00
reviewer: Robert J. Harris
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The Development of Academic Freedom in the United States By Richard Hofstadter and Walter P. Metzger New York: Columbia University Press, 1955. Pp. xvi, 527. $5.50
Academic Freedom in Our Time By Robert M. MacIver New York:Columbia University Press, 1955. Pp. xiv, 329. $4.00
reviewer: Charles B. Nutting
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Military Justice in the United States
By Robinson 0. Everett
Harrisburg: Military Service Publishing Company, 1956. Pp. 338
reviewer: Daniel Walker
Toth V. Quarles -- For Better Or For Worse?, William R. Willis Jr.
Toth V. Quarles -- For Better Or For Worse?, William R. Willis Jr.
Vanderbilt Law Review
In summary, it would appear that the Supreme Court, through the Toth decision, has created a situation that bears a potentiality of injustice and social detriment completely out of proportion to that feared from the provisions in the Uniform Code of Military Justice unhesitatingly declared unconstitutional. If the Court had adopted a practical and realistic approach to the problem, comparing the rights of the individual under both the constitution and military law, and visualizing the problem created by its present decision, the result could have been different. Now, Congress must attempt remedial action and determine the method of cure that …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Constitutionality of Group Libel Statute
Federal Employers Liability Act--Liability for Employment of Man with Violent Tendencies
Federal Jurisdiction--Diversity Jurisdiction and the Multi-State Corporation
Federal Jurisdiction--Erie Railroad Doctrine Extended to State-Created Rights Arising under Special Federal Question Jurisdiction
Labor Law--Picketing--Injunction against Breach of Bargaining Agreement
Landlord and Tenant--Exculpatory Agreement--Effect on Right of Subrogation of Landlord's Insurer
Military Law--Failure to Instruct as Prejudicial Error
Military Law--Infiltration of Command Influence as General Prejudice
Trusts--Distribution of Stock Dividends between Life Tenant and Remainderman