Law Commons^™

A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

Articles

No abstract provided.

The Aals Sexual Orientation Policy: The Argument Against Barring Military Recruiters From Law School Campuses, Christopher R. Mcdowell

West Virginia Law Review

No abstract provided.

The New Military Revolution: Post-Industrial Change, Antulio J. Echevarria Ii, John M. Shaw

The US Army War College Quarterly: Parameters

No abstract provided.

The Citizen-Soldier Under Federal And State Law, James Biser Whisker

West Virginia Law Review

No abstract provided.

Prosecuting Iraqi Crimes: Fulfilling The Expectations Of International Law After The Gulf War, Louis Rene Beres

Penn State International Law Review

No abstract provided.

An Analysis Of European Political Cooperation During The Persian Gulf Crisis, Donna G. Starr

Penn State International Law Review

No abstract provided.

The Gulf War: A Practitioner's View, W. Hays Parks

Penn State International Law Review

No abstract provided.

The Changing Role Of The United Nations: Halting Nuclear Proliferation In Iraq, Michele E. Martin

Penn State International Law Review

No abstract provided.

The Persian Gulf War Cease-Fire Agreement Compared With The Japanese Peace Treaty In Terms Of Reparations And Reconstruction, Adam Andrew Levy

Penn State International Law Review

No abstract provided.

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …

Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones

Brigham Young University Journal of Public Law

No abstract provided.

Germany Reunified: International And Constitutional Problems, Helmut Steinberger

BYU Law Review

No abstract provided.

International Crisis And Neutrality: United States Foreign Policy Toward The Iran-Iraq War, Francis A. Boyle

Mercer Law Review

This Article was written in 1986 and submitted to the University of New Orleans Symposium on Neutrality. The Article reflects the author's analysis regarding the United States military intervensionism into the Middle East with a special focus on the Persian Gulf region. The author analyzes the United States' policies to divide-and-conquer the Arab oil fields that orginated as early as in the 1973 Arab oil boycott of Europe. The body of the Article traces the historical developments leading into the Reagan Administration's own foreign policies toward the Iran-Iraq War. Following the body of the Article, the author then. continues an …

The Case Against Saddam Hussein--The Case For World Order, Andrew M. Warner

Mercer Law Review

The following Article is an excerpt from a paper written in the Fall of 1990. The author submitted the paper in December 1990 as partial fulfillment of the requirements of the Master of Laws program at the University of Virginia. The opinions and conclusions expressed are those of the individual author and do not necessarily represent the United States Army or other governmental agency.

The United Nations' Charter gives the Security Council enforcement authority for breaches of world peace. To be meaningful, rights must have remedies, and the Security Council should now pursue remedies to enforce the rights provided in …

Assassination And The Law Of Armed Conflict, Patricia Zengel

Mercer Law Review

The availability of assassination of foreign leaders as a means of achieving United States foreign policy objectives is an issue that has proven in recent years to be a recurring one. However, it does not arise in isolation; instead it is almost always part of a larger political controversy over United States foreign policy objectives and whether force of any kind should be used to pursue them. Certainly this was true with regard to the controversies that surrounded United States policy, including alleged involvement in assassination plots toward Cuba, Vietnam, the Congo, and the Dominican Republic in the 1960s, and …

The Decline And Fall Of The War Powers Resolution: Waging War Under The Constitution After Desert Storm, John W. Rolph

Mercer Law Review

On August 2, 1990, Iraqi armed forces stormed across their borders and invaded the neighboring country of Kuwait. Almost immediately thereafter, President Bush drew a "line in the sand" against further Iraqi aggression by deploying approximately 230,000 American armed combat troops to the desert of Saudi Arabia as a deterrent shield. In so doing, the President rekindled a long standing controversy with Congress concerning the proper exercise of war powers under the Constitution and how those powers should be distributed between the executive and legislative branches. The President's "line in the sand" sparked unprecedented reevaluation of the much maligned War …

Crisis Of The Soldiers' And Sailors' Civil Relief Act: A Call For The Ghost Of Major (Professor) John Wigmore, Amy J. Mcdonough, Gregory M. Huckabee, Christopher C. Gentile

Mercer Law Review

Iraq's invasion of Kuwait on August 2, 1990 set in motion a chain of events that would change the world community. In the United States, this unprovoked aggression resulted in the activation of hundreds of thousands of military reserves and National Guard personnel in response to the Iraqi's "naked aggression." As the reservists prepared to enter active military service, a fifty year old law, enacted to protect servicemembers and those making the transition between civilian and military life, rose from obscurity like a phoenix. Surprise and voluminous inquiry erupted, as a new generation of servicemembers and businessmen were introduced to …

Conscientious Objection In An All-Volunteer Military: An Impermissible Accommodation Of Religious Freedom?, Mary P. Sullivan

Mercer Law Review

The War and National Defense Selective Service Act and its accompanying regulations are the focus of a renewed debate concerning the validity of allowing active-duty service personnel to separate from the services on the grounds of conscientious objection to war. In the past, constitutional analysis of conscientious objection challenges focused on the Free Exercise Clause of the First Amendment. The underlying premise of this analysis was that the government lacked authority to compel a citizen to -act against his conscience by compelling military service. Central to the "analysis was the ability of the government to compel a citizen to "provide …

The Beat Goes On: District Court Upholds Virginia Military Institute's All-Male Admissions Policy In United States V. Virginia, Phillip Comer Griffeth

Mercer Law Review

In United States v. Virginia, the United States District Court for the Western District of Virginia held that Virginia Military Institute ("VMI"), a state-supported college, can exclude women under its 152- year-old admissions policy without violating the Equal Protection Clause of the Fourteenth Amendment. The court based its decision on the United States Supreme Court's holding in Mississippi University for Women v. Hogan. Applying the Hogan test, the district court held that VMI's discrimination serves an important state educational objective by enhancing the diversity of Virginia's overall education system and that the exclusive admissions policy is substantially related …

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii

Penn State International Law Review

No abstract provided.

Conscientious Objection: Will The United States Accommodate Those Who Reject Violence As A Means Of Dispute Resolution?, 23 Seton Hall L. Rev. 121 (1992), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Twenty-Fifth Anniversary Of My Lai: A Time To Inculcate The Lessons, Jeffrey F. Addicott, William A. Hudson Jr

Faculty Articles

The spring of 1993 marks the twenty-fifth anniversary of the My Lai massacre and is an appropriate time to reinforce the lessons learned from the event. Each and every grave breach of the law of war represents a horrible scar on the credibility of the American military, as well as the civilized democracy it protects. In this context, My Lai stands as the greatest emblem of American military shame in the twentieth century. Nothing provides a greater vehicle for inculcating the necessity for strict adherence to the law of war than the lessons from the massacre at My Lai.

While …

Operation Desert Storm, R. E. Lee Or W. T. Sherman?, Jeffrey F. Addicott

Faculty Articles

History has shown that one of the most important elements in a successful combat operation is the quality of the commander. The success of Operation Desert Storm confirmed that American commander, General Norman Schwarzkopf, was no mediocre leader. By extension, the war also paid tribute, albeit a silent one, to a man who is arguably the greatest military leader the United States has ever produced—Robert E. Lee. Not only in the sphere of battlefield tactics, but also in ensuring strict adherence to the laws regulating warfare, Generals Lee and Schwarzkopf had much in common.

Unfortunately, however, many are unaware of …

Codification Of The “Special Forces Exception”, Jeffrey F. Addicott

Faculty Articles

For the past eight years, Army Special Forces units have conducted training and operations with friendly foreign forces outside the United States. The Army has obtained funding for these operations under what has been termed the “Special Forces exception” to a 1986 General Accounting Office (GAO) opinion regarding permissible funds appropriations for foreign exercises.

With the passage of the National Defense Authorization Act for Fiscal Years 1992–1993, Congress has finally codified the Special Forces exception. Subject to a guiding principle regarding the purpose of operations, the commander of Special Operations Command and select others may draw on the Department of …

Recent Changes In The Soviet Union, 25 J. Marshall L. Rev. 295 (1992), Jack Matlock

UIC Law Review

No abstract provided.

Joint Ventures In Mexico: A Current Perspective., Rona R. Mears

St. Mary's Law Journal

The Article is intended to go beyond legal issues, to address core practical considerations in forging successful U.S.-Mexico joint ventures. Opportunities unmatched in Mexico’s history are now available for foreign investors and traders doing business in Mexico. This Article will begin by presenting a historical perspective on joint venturing in Mexico and then contrast it with an examination of current uses of joint ventures in Mexico. It will also highlight the traditional advantages of strategic business alliances. Following is a detailed review of structuring the Mexican joint venture. Finally, this Article identifies strategies for dealing with practical issues which arise …

Privitization Of The Mexican Banking System: Quetzalcoatl And The Bankers., John P. Cogan Jr.

St. Mary's Law Journal

Abstract Forthcoming.

United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Trade between the United State and Mexico rose dramatically over the past decade. Several factors account for this increase in trade. These factors include the relative weakness of the Mexican currency, growth of the maquiladora industry, and increased Mexican production of exportable products generally. Other factors include Mexico’s 1986 accession to General Agreements Tariff and Trade (GATT), the resultant lowering of Mexican customs duties, and a good long-term working relationship between the two countries. If ongoing negotiations culminate in a North American Free Trade Agreement (NAFTA) the trend will accelerate.

Laws regulating the importation of merchandise into the United States …