Military, War, and Peace Commons^™

Schlesinger V. Ballard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Buffalo Law Review

No abstract provided.

The New Civil Disturbance Regulations: The Threat Of Military Intervention, David E. Engdahl

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

Legal Inadequacies And Doctrinal Restraints In Controlling The Military, Edward F. Sherman

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

The Control Of Military Organizations In A Democratic Society: Some Thoughts Concerning The Role Of Social Scientists, Maurice Garnier

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

The New "Problem Soldier"- Dissenter In The Ranks, Howard J. De Nike

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

Civilian Control: New Perspectives For New Problems, Adam Yarmolinsky

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

No Tunes Of Glory: America's Military In The Aftermath Of Vietnam (Seven Book Reviews), John P. Lovell

Indiana Law Journal

Seven book reviews from the symposium, The Military After Vietnam: The Search for Legal Controls.

Reflections On The Senate Investigation Of Army Surveillance, Lawrence M. Baskir

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …

"Time Of War" And The War Powers Resolution, Terry Moorehead Dworkin

Indiana Law Journal

No abstract provided.

United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review

Michigan Law Review

This Note will first review the origin and development of the defense of discriminatory prosecution and will then analyze the situation in United States v. Falk. The Note concludes that Falk is significant in that it continues the device of shifting the burden to the prosecution once a prima facie case of discriminatory enforcement has been established. More importantly, by implicitly eliminating the necessity of showing purposeful discrimination, Falk represents an important and praiseworthy development.

Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review

Michigan Law Review

An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …

1973 War Powers Legislation: Congress Re-Asserts Its Warmaking Power, Gerald L. Angst

Loyola University Chicago Law Journal

No abstract provided.

A Contractual Analysis Of The Military Enlistment, Neil J. Dilloff

University of Richmond Law Review

Since July 1, 1973, this nation has had what is termed an "all-volunteer military." As a result, the primary means available for an individual to enter military service has become the enlistment contract. This article will explore whether or not this type of agreement is, in fact, a contract. We shall analyze what documents or acts are necessary to comprise this agreement between a volunteer and the United States; whether a military enlistment agreement satisfies the traditional contractual elements, such as mutual assent, consideration, and capacity to contract; what is the effect of conditions stated in the contract; and, finally, …

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …

Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

Book Review. A Special Kind Of Justice, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

A Reflection Upon Amnesty / The Case For Alternative Service: A Reply To Professor Sax, Douglas A. Kahn

Articles

Professor Sax advocates that unconditional amnesty should be granted to Vietnam draft evaders and deserters, and he contends that the condition of alternative service imposed by President Ford, while superficially attractive to some, is unsupported by an acceptable rationale. While I harbor misgivings concerning the grant of any type of amnesty for Vietnam evaders and deserters, I have concluded that amnesty should be given provided that it is conditioned on the performance of some service such as that required by President Ford's program. Obviously, this places me squarely at issue with Professor Sax, and I will attempt to detail the …

Absence Without Leave - The Nature Of The Offense, Fredric I. Lederer

Faculty Publications

No abstract provided.