Military, War, and Peace Commons^™

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" …

Recent U.S. Efforts To Control Nuclear Proliferation, John D. Gleissner

Vanderbilt Journal of Transnational Law

The explosion of a nuclear device by India on May 18, 1974, initiated a new wave of concern for the prospects of limiting the proliferation of nuclear weapons. Subsequent developments such as the Nixon proposal to provide nuclear materials to Egypt and Israel and the announcement by West Germany of its intentions to sell Brazil a plutonium reprocessing facility increased fears in the United States that the number of countries possessing nuclear weapons would continue to grow at the expense of world peace and security. Apprehension is likely to continue since the development of an atomic bomb blueprint by a …

Arms Sales And The Major Western Powers, Arthur Cyr

Vanderbilt Journal of Transnational Law

The purpose of this essay is to discuss analytically the overseas arms sales policies of the three major Western supplier nations--the United States, Britain, and France. It is appropriate to group them together because they all have similar goals and characteristics. All are Atlantic Area NATO nations. They are democratic and are based upon largely private economies. The three nations have general histories of cooperation and alliance dating back to before the beginning of this century.

This analysis is based on the assumption that military trade between the industrialized and lesser-developed countries is especially likely to destabilize international relations since …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

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HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

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INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

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THE WINDS OF FREEDOM

By Dean Rusk …

Book Reviews, William L. Shaw, Cephus L. Stephens

Vanderbilt Law Review

BOOK REVIEWS

LITTLE GROUPS OF NEIGHBORS: THE SELECTIVE SERVICE SYSTEM. By James W. Davis, Jr. and Kenneth M. Dolbeare. Markham Publishing Co., Chicago, 1968. Pp. 268.

reviewer: William L. Shaw

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THE SUPREME COURT AND THE NEWS MEDIA. By David L. Grey, Evansville: Northwestern University Press. 1968. Pp. 194. $5.95.

reviewer: Cephus L. Stephens

Nato Before And After The Czechoslovak Crisis, Leo J. Reddy

Vanderbilt Journal of Transnational Law

There are few black and white issues in the field of foreign relations. The problems that NATO faced and that our government faced as a member of NATO in responding to the Soviet invasion of Czechoslovakia illustrate at least some of the complexities that may not have been evident in the news reports. For example, there is a widely held impression that NATO was in a state of decline prior to August 20, 1968 when the Soviet armies marched on Prague, and that this event snatched the organization from the jaws of historical oblivion. This statement greatly oversimplifies the actual …

Vietnam And Public International Law: Comment, Anthony A. D'Amato

Vanderbilt Journal of Transnational Law

With each international crisis inevitably come the self-styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counter claims. The remainder of this comment will be addressed to the larger issues involved and some …

Case Comments, Journal Staff

Vanderbilt Journal of Transnational Law

Sovereign Immunity and Act of State -- A Foreign Sovereign instituting Suit in a United States Court waives Immunity to a Set-off arising from an Act of that Sovereign

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International Law--Nuremburg Doctrine invoked in Domestic Court-Martial

Book Reviews, Josef Rysan, L. G., G. C., R. P. B., W. E. W.

Vanderbilt Journal of Transnational Law

THE FUTURE OF GERMANY

It is significant that the most brilliant and penetrating analysis of the West German democracy comes from the pen of the leading German philosopher, Karl Jaspers. This fact demonstrates that German philosophy which used to be exclusively an "ivory tower" affair has finally come to grips with contemporary social problems. The English edition contains not only the translation of Jaspers' German bestseller, but also of the philosopher's just published "Answer to My Critics."

reviewer: Josef Rysan

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THE ENGLISH

by David Frost and Antony Jay

255 pages Stein and Day, New York, 1968.

reviewer: L.G.

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The Law School Looks At Vietnam, W. G. C.

Vanderbilt Journal of Transnational Law

On November 7, 1967, while pollsters were busy recording increased popular dissatisfaction with President Johnson's Vietnam policy, the Vanderbilt International Law Society decided to find out what law students at Vanderbilt felt about the War and the legal implications stemming from it.

About two-thirds of the entire student body participated in the poll. A multiple-choice format was used; yet, many students added lengthy comments of their own on the War. Of course, their interest wasn't just academic. As one voter noted, "My answers are affected by the probability that I'll be going to Vietnam...and I don't want to get shot …

The Vietnam War: Tax Costs And True Costs, Peter B. Lund

Vanderbilt Journal of Transnational Law

The Common Man in the Street, on being interviewed and asked the question, "What is the cost of the Vietnam War?," might respond, "I understand it's about twenty-five billion dollars a year." Twenty-five billion dollars per year is the current estimate of the tax cost of the Vietnam War and a figure which is widely circulated in this country. However, one need not be an especially astute observer of the domestic and international effects of the Vietnam situation as it affects this country domestically and internationally to realize that the cost to the United States of conducting a war of …

Survey Extended -- The Literature Of Military Law Since 1952, John E. Hartnett, Jr.

Vanderbilt Law Review

The passage of six years since the publication of A Survey of the Literature of Military Law--A Selective Bibliography' has not seen any slackening in popular and professional interest in military law noted in the original article. Indeed, the wide attention directed to the area of military law by the controversial decisions of the Supreme Court in the Toth and Covert cases has in a measure increased the flow of comment. Accordingly, the writer considered it in order to collect and publish the bibliographical information on the literature which has appeared in the interim, and in some measure to appraise …

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.

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 …

Book Reviews, James B. Earle, J. Allen Smith, Samuel E. Stumpf, Ingram Bloch, J. Raymond Denney

Vanderbilt Law Review

Book Reviews

The Oppenheimer Case: The Trial of a Security System

By Charles P. Curtis

New York: Simon and Schuster, 1955. Pp. xi, 281. $4.00

reviewer: Ingram Bloch

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Trial Tactics and Methods

By Robert E. Keeton

New York: Prentice Hall, Inc., 1954. Pp. xxiv, 438. $6.65

reviewer: J. Raymond Denney

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Military Law under the Uniform Code of Military Justice

By William B. Aycock and Seymour W. Wurfel

Chapel Hill: University of North Carolina Press, 1955. Pp. xviii, 430.

reviewer: James B. Earle

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Why Johnny Can't Read

By Rudolf Flesch

New York: Harper & Brothers, 1955. Pp. ix, …

Book Reviews, Nels F.S. Ferre (Reviewer), Seymour W. Wurfel (Reviewer), Lloyd S. Adams (Reviewer)

Vanderbilt Law Review

Few topics are currently more at the center of both interest and need than that of Dr. Stumpf's new book. The ship of democracy is being tossed by heavy seas. Many are looking for a haven of faith. They tell us that the ship cannot stay afloat unless it reaches the well-protected harbor of religion. It needs at least to be overhauled, they say, and made more seaworthy in that harbor before it braves again the heavy onslaughts which it must necessarily breast. Dr. Stumpf probes too deeply into the relation between democracy and religion, however, to fall prey to …

Aspects Of The Military Law Of Confessions, Robert D. Duke

Vanderbilt Law Review

The Uniform Code of Military Justice, which became effective in May, 1951, was enacted largely in response to the criticisms leveled at the administration of military justice during World War I. The Code reflected the prevailing feeling that military justice should be brought more nearly into line with the criminal procedures followed in civilian courts. To further this objective, Congress required that in general court-martial cases legally qualified counsel be appointed to represent both the Government and the accused. The position of "law officer" was created and invested with much of the authority exercised by a federal district judge in …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases--

Attorney and Client--Contingent Fee Contracts--Divorce Action

Corporations--Corporate Power--Contributions to Philanthropic Institutions

Corporations--Criminal Anti-Trust Action--Indemnification of Directors for Litigation Expenses

Evidence--Presumption of Law and Inference of Fact--Retrospective Presumption of Continuity

Federal Procedure--Class Actions--Discretion of Trial Court

Income Taxation--Deductions--"Ordinary and Necessary"--Expenses

Income Taxation--False Statements--Criminal Penalties

Labor Law--Arbitration Agreements--Specific Enforcement in Federal Courts

Military Law--Discharged Personnel--Power to Arrest for Serious Crimes

Military Law--Privilege Against Self Incrimination--Admissibility of Handwriting Specimen Obtained Involuntarily

Torts--Automobile Guest--Contributory Negligence as a Matter of Law

Workmen's Compensation--Employees' Altercations--Aggresso

The Court Of Military Appeals -- Its History, Organization And Operation, Daniel Walker, C. George Niebank

Vanderbilt Law Review

When a civilian "supreme court" for the review of court-martial convictions was first proposed in Congress, it evoked immediate, vociferous and emotional reactions from those most directly concerned with military criminal law. Vigorous opposition came from the traditional militarist, who argued that there was no place for civilians in a military procedure, and that creation of such a court would place unnecessary emphasis on civilian influence. It was said that military effectiveness would be unduly restricted and that the nonmilitary mind would not be able to appreciate fully the military problems often involved in court-martial cases. Some of these officers …

The Boards Of Review Of The Armed Services, Roger M. Currier, Irvin M. Kent

Vanderbilt Law Review

To most attorneys not having been directly associated at some time with the Armed Forces of the United States, the words "boards of review" mean little. Perhaps at the outset it would serve to clarify the matter if each attorney, when thinking of "boards of review," would substitute in his mind the words "courts of appeal" as those words are understood in the federal judicial system. The boards of review can be aptly analogized to our federal courts of appeal because for the bulk of serious cases which arise in the Armed Forces, review by a board of review is …

Ucmj--Does It Work? Evaluation At The Field Level, 18 Months Experience, Chester Ward

Vanderbilt Law Review

Combat area experience of Naval units applying UCMJ in the Korean theatre is now available for appraisal. To foreshadow effects of the new code upon administration of Naval Justice under conditions of another world war, the Commander-in-Chief, U.S. Pacific Fleet, directed an on-the-spot survey of the impact of the Code upon all types of naval vessels in the Japan-Korea area. Included were nearly 100 ships, consisting of 9 large combat types, 38 destroyers or destroyer-escorts, 2 submarines, 22 transport and amphibious type and 12 mine-sweepers. The reactions to UCMJ produced through this CINCPACFLT survey are predominantly and primarily those of …

"Military Due Process": What Is It?, Seymour W. Wurfel

Vanderbilt Law Review

On November 27, 1951, the United States Court of Military Appeals, then some five months old, fashioned in the Clay case' what is characterized as a label. It embellished this label with quotation marks at least twice in the course of the opinion. This label, which was, in the language of the Court, used "for lack of a more descriptive phrase,"was "military due process." This, and later use of the term by the Court in other opinions, has caused some students of military law to speculate as to whether there is occurring the emergence of a new doctrine of law. …

A Comparative Study Of Military Justice Reforms In Britain And America, Robert S. Pasley Jr.

Vanderbilt Law Review

The Articles of War and the Rules for the Government of the United States Navy which were adopted by the Continental Congress in 1775 were patterned after the corresponding military and naval codes in effect at the time in Great Britain.' Since their initial adoption, they have each been amended on several occasions, and have finally been brought together into a single set of articles known as the Uniform Code of Military Justice, enacted in 1950. Similarly, the British statutes and procedures relating to military justice have been revised from time to time, most recently as a result of the …

A Survey Of The Literature Of Military Law -- A Selective Bibliography, William C. Mott, John E. Hartnett Jr., Kenneth B. Morton

Vanderbilt Law Review

In this article the authors attempt to set out, within the space allotted to them, a consideration of the significant writings in the field of American military law --as they understand the term. Apparently, no similar attempt to construct such a bibliography has heretofore been made. To begin with, a definition of terms is important. Military law, in a broad sense, may be said to include martial law, military government, the law of war, and military justice. For purposes of this article, military law is the exercise of military jurisdiction "by a government in the execution of that branch of …

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

The Background Of The Uniform Code Of Military Justice, Edmund M. Morgan

Vanderbilt Law Review

The Articles of War and the Articles for the Government of the Navy have always constituted the code of criminal law and criminal procedure for the Armed Forces. In contrast to the law governing civilians, the punishments imposable are not specified in the Code but are left to be fixed by the military authorities, except that the later codes do not authorize punishment by death save for specifically designated offenses. The system also provides for summary punishment for minor infractions and a series of courts--a general court having power to try all offenses, a special court with limited power to …

Foreword: Comments By The Court, Robert E. Quinn

Vanderbilt Law Review

The United States Court of Military Appeals has been referred to as the "most vital element" in the reformation and unification of military criminal law brought about by the Uniform Code of Military Justice. It represents a further extension of civilian control over the military--a concept long deemed vital to the American framework of democratic government.

The Court is not faced with an easy task, and no one is more aware of this than the judges themselves. Like all institutions established as a result of reform movements, its activities are subject to close public scrutiny. The work of the Court …

Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)

Vanderbilt Law Review

Military Justice under the Uniform Code

By James Snedeker

Boston: Little, Brown and Company, 1953. $15.00.

reviewer: Reginald C. Harmon

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Conscription of Conscience

By Mulford Q. Sibley and Philip E. Jacob

Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50.

reviewer: A. B. Butts

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Theft, Law and Society

By Jerome Hall

Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00.

reviewer: Rollin M. Perkins

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Freedom of the Press in England 1476-1776

By Fredrick S. Siebert

Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50.

reviewer: Stanley D. Rose

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Wage-Hour Law: Coverage

By Heiman …