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Articles 1 - 30 of 43
Full-Text Articles in Military, War, and Peace
Bravo's Fallout: International Law And Nuclear Pollution In The Pacific, Seth Forman
Bravo's Fallout: International Law And Nuclear Pollution In The Pacific, Seth Forman
North Carolina Central Law Review
No abstract provided.
Selective Service System V. Minnesota Public Interest Research Group, Lewis F. Powell Jr.
Selective Service System V. Minnesota Public Interest Research Group, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Statement By New Afrikan Prisoner Of War Kuwasi Balagoon, Amilcar Shabazz
Statement By New Afrikan Prisoner Of War Kuwasi Balagoon, Amilcar Shabazz
Afro-American Studies Faculty Publication Series
As a member of Kuwasi Balagoon's political defense collective, called the National Committee to Defend New Afrikan Freedom Fighters, I transcribed this statement that he attempted to present in court at his trial in Goshen, NY, that opened July 11, 1983. Orange County Judge David Ritter denied him from giving the full statement that is presented here from the pamphlet that was published for Black August 1983, with the brief introduction that I wrote.
Statement By New Afrikan Prisoner Of War Kuwasi Balagoon, Amilcar Shabazz
Statement By New Afrikan Prisoner Of War Kuwasi Balagoon, Amilcar Shabazz
Amilcar Shabazz
As a member of Kuwasi Balagoon's political defense collective, called the National Committee to Defend New Afrikan Freedom Fighters, I transcribed this statement that he attempted to present in court at his trial in Goshen, NY, that opened July 11, 1983. Orange County Judge David Ritter denied him from giving the full statement that is presented here from the pamphlet that was published for Black August 1983, with the brief introduction that I wrote.
A Practical Guide To Admiralty Law For The Seagoing Naval Officer, John Edward Walters
A Practical Guide To Admiralty Law For The Seagoing Naval Officer, John Edward Walters
Theses and Major Papers
Daily there are hundreds of United States Navy vessels operating in foreign, international and domestic waters. The knowledge of admiralty law possessed by the officers on these vessels is extremely limited. Prospective Commanding Officers of Navy vessels are trained in areas of international and maritime law, but not in cases involving admiralty. If a United States naval vessel is involved in an admiralty incident, the only recourse the Commanding Officer has is to contact his superior and wait for word from the Staff Judge Advocate representative. It is not necessary for Commanding Officers to be experts on admiralty matters in …
Gradations Of Intervention In Internal Conflicts, Louis B. Sohn
Gradations Of Intervention In Internal Conflicts, Louis B. Sohn
Scholarly Works
I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."
A Message Of Hope, Dean Rusk
A Message Of Hope, Dean Rusk
Scholarly Works
So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.
Introduction To Panel I, Gabriel M. Wilner
Introduction To Panel I, Gabriel M. Wilner
Scholarly Works
The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …
Ironies Of Intervention, Milner S. Ball
Ironies Of Intervention, Milner S. Ball
Scholarly Works
I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …
Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn
Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn
Scholarly Works
The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …
The Conduct Of Just And Limited War, Michigan Law Review
The Conduct Of Just And Limited War, Michigan Law Review
Michigan Law Review
A Review of The Conduct of Just and Limited War by William V. O'Brien
Chemical And Biological Warfare: Focus On Asia, Lee D. Klein
Chemical And Biological Warfare: Focus On Asia, Lee D. Klein
Vanderbilt Journal of Transnational Law
This Note concludes that (1) the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972 provide conventional restraints upon the use of lethal or seriously injurious CBWs; (2) modern treaties, customs, judicial decisions, and writings form a public international law norm that imposes a legal restraint limiting the use of lethal or seriously injurious CBWs and binding all states regardless of their acceptance of conventional prohibitions; and (3) the law of war today is characterized more accurately as the "law of armed conflict," because it must of necessity apply to conflicts that are not purely interstate. Before discussing …
The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor
The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor
St. Mary's Law Journal
Abstract Forthcoming.
Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio
Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio
St. Mary's Law Journal
Abstract Forthcoming.
Foundations For Military Intervention In The United States, David E. Engdahl
Foundations For Military Intervention In The United States, David E. Engdahl
Seattle University Law Review
Notwithstanding the statements from the judiciary, within little more than a decade the executive branch of the United States government consolidated the old, and added several new, foundations for military intervention in the United States. It would be idle for a legal scholar to speculate whether any edifice of oppression is likely to be built upon these foundations, whether soon or later in time. A sufficient task for the legal scholar is to disclose that the foundations, although faulty, indeed are there; to explain how those foundations came to be laid; and, to show that they have no footing on …
The Legal Status Of United States Involvement In The Camp David Peace Process, Farooq Hassan
The Legal Status Of United States Involvement In The Camp David Peace Process, Farooq Hassan
Vanderbilt Journal of Transnational Law
In one context or another, the turmoil in the Middle East has been tragic not only for the states in the region but for the prospects of world peace. Because of this, the United States has been both directly and indirectly involved in the crises that have erupted there from time to time. A major milestone was reached when, largely due to the personal efforts of President Carter, Egypt and Israel signed the Camp David agreements on September 17, 1978, in Washington, D.C. The United States played a key role in the execution of these agreements and consequential instruments. Indeed, …
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
Lawyers' Negligence Liability To Non-Clients: A Texas Viewpoint., Brian J. Davis
St. Mary's Law Journal
Courts should examine the relationship of a non-client to a negligent lawyer to determine whether a lawyer is liable to a non-client despite lack of privity. In most jurisdictions, attorneys enjoy the privity of contract requirement which limits their duty to exercise reasonable care. As a result, lawyers are normally immune to negligent malpractice actions brought by non-clients. Courts should examine the relationship between the attorney and the non-client to determine whether the requirement of privity is an overly restrictive limit on the lawyer’s scope of duty. These relationships can be classified into three categories. The first category involves plaintiffs …
Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick
Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick
St. Mary's Law Journal
Abstract Forthcoming.
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey
St. Mary's Law Journal
The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …
Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo
Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo
St. Mary's Law Journal
Abstract Forthcoming.
Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker
Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker
St. Mary's Law Journal
Abstract Forthcoming.
Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines
Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines
St. Mary's Law Journal
Abstract Forthcoming.
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
A Constitutional Analysis Of The English Literacy Requirement Of The Naturalization Act Symposium - Selected Topics On Constitutional Law., Ricardo Gonzalez Cedillo
St. Mary's Law Journal
Abstract Forthcoming.
A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth
A Theory Of Equal Protection Symposium - Selected Topics On Constitutional Law., David A. Dittfurth
St. Mary's Law Journal
Equal protection must prohibit arbitrary governmental classifications or differentiation. The Supreme Court is a unique authority because of its power to create constitutional law and because of its symbolic position in this society as a bearer of the Constitution as aegis. The Fourteenth Amendment, which is derived from the Equal Protection Clause, is one of the most important areas of constitutional law. Governmental decisionmakers must consider equal protection doctrine since they are frequently required to discriminate among those arguably qualified in order to determine who should bear the burden of governmental action or receive the benefits of governmental largess. A …
An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill
St. Mary's Law Journal
Abstract Forthcoming.
The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.
The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.
Faculty Publications
No abstract provided.
The Current State Of Usury Law In Texas., Michele M. Hightower
The Current State Of Usury Law In Texas., Michele M. Hightower
St. Mary's Law Journal
Abstract Forthcoming.
Franchising In Texas., Mark H. Miller
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales
St. Mary's Law Journal
Abstract Forthcoming.