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Articles 1 - 7 of 7
Full-Text Articles in Military, War, and Peace
Living The World War - A Retrospective, Donald N. Zillman, Elizabeth Elsbach
Living The World War - A Retrospective, Donald N. Zillman, Elizabeth Elsbach
Maine Law Review
Living the World War is a 1200-page, two volume study of America’s participation in World War I. The week-by-week review tries to place the reader in the position of an American citizen of a century ago who “lived” the War years without knowing what might come next. The authors’ sources are the daily editions of the New York Times and the pages of the Congressional Record—two documents available to the informed citizen of 1916 to 1919. The crucial issues of a century ago have helped shape American law and policy that is relevant today to such issues as the nature …
Five Years Under The Veterans Judicial Review Act: The Va Is Brought Kicking And Screaming Into The World Of Meaningful Due Process, Lawrence B. Hagel, Michael P. Horan
Five Years Under The Veterans Judicial Review Act: The Va Is Brought Kicking And Screaming Into The World Of Meaningful Due Process, Lawrence B. Hagel, Michael P. Horan
Maine Law Review
I have been asked to give you the “veterans' perspective” on whether the Court of Veterans Appeals has served the purpose for which it was created by Congress and also to describe what additional steps the court might take to further the ends desired by veterans. This is no easy task. It is difficult not because I do not have a lot to say. It is difficult because it is a charge to speak, in a sense, for all veterans. In order to understand what I mean, I think it may be helpful to give you a little background on …
The Impact Of Judicial Review On The Department Of Veterans Affairs' Claims Adjudication Process: The Changing Role Of The Board Of Veterans' Appeals, Charles L. Craigin
The Impact Of Judicial Review On The Department Of Veterans Affairs' Claims Adjudication Process: The Changing Role Of The Board Of Veterans' Appeals, Charles L. Craigin
Maine Law Review
In a March 1992 statement submitted to the Congress, the Deputy Secretary of Veterans Affairs described the impact of judicial review on the Department of Veterans Affairs (Department or VA) as “profound.” That description is still apt and applies with as much force to the Board of Veterans' Appeals (Board or BVA) as it does to the Department as a whole. Nothing has had as much impact on the Board as the Veterans' Judicial Review Act (VJRA). The VJRA established the United States Court of Veterans Appeals in 1988 and charged it with the review of decisions of the Board. …
Jurisdiction Of The United States Court Of Veterans Appeals: Searching Out The Limits, Frank Q. Nebeker
Jurisdiction Of The United States Court Of Veterans Appeals: Searching Out The Limits, Frank Q. Nebeker
Maine Law Review
I have been asked to talk to you about the United States Court of Veterans Appeals-specifically, challenges and trends in defining the scope of the court's jurisdiction. As a brand-new court, and one without any antecedent, the court began to establish precedent to deal with all aspects of its jurisdiction. In fact, it is still very much in the process of setting such precedent. For the first time, the court brought the principle of stare decisis to the veterans' community. The principle required considerable readjustment within the Department of Veterans Affairs (Department or VA). The VA's regional offices and the …
Introductory Remarks, Donald N. Zillman
Introductory Remarks, Donald N. Zillman
Maine Law Review
I am very pleased to welcome this distinguished company to the University of Maine School of Law and to Portland. I thank Chairman Cragin for bringing such a distinguished group to his law school. I thank the Maine Law Review for taking the sponsor's role and for insuring that the publication of our proceedings will take our thoughts far beyond this room. My interest in military law and veterans law as participant and scholar extends over the last twenty years. And so, when Chairman Cragin broached the idea of a conference to provide the first assessment of how the “new …
Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, Donald N. Zillman
Where Have All The Soldiers Gone? Observations On The Decline Of Military Veterans In Government, Donald N. Zillman
Maine Law Review
This Essay examines the consequences of the growing decline in the number of military veterans in positions of leadership in the federal government, most particularly in the United States Congress. In its visible form, this issue has given rise to popular debate in the last three presidential elections. Did Dan Quayle pull strings to get a safe post in the Indiana National Guard to avoid Vietnam service? Did Bill Clinton improperly evade the draft during Vietnam? Were veterans George Bush or Bob Dole better qualified to be President because of their combat service in World War II? In its less …
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott
Maine Law Review
After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as a …