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Articles 1 - 30 of 48
Full-Text Articles in Military, War, and Peace
The Modern Defenses Of The Coast Of Maine, 1891 - 1945 (Vol.1), Joel W. Eastman
The Modern Defenses Of The Coast Of Maine, 1891 - 1945 (Vol.1), Joel W. Eastman
Maine Collection
The Modern Defenses of the Coast of Maine, 1891 - 1945 (Vol.1)
by Joel W. Eastman.
Contents: Preface and Acknowledgements, I. History, II. Inventory of Sites and Structures, III. Evaluation of Specific Sites and Structures, IV. Appendices, The Author.
Prepared for Maine Historical Preservation Commission, Augusta, Maine
October 31, 1988
The Modern Defenses Of The Coast Of Maine, 1891 - 1945 (Vol. 2), Joel W. Eastman
The Modern Defenses Of The Coast Of Maine, 1891 - 1945 (Vol. 2), Joel W. Eastman
Maine Collection
The Modern Defenses of the Coast of Maine, 1891 - 1945 (Vol. 2) - Annexes.
by Joel W. Eastman
Contents: Annex 1 -- Maps of Forts, Reservations and Locations., Annex 2 -- Representative Batteries and Ordnance., Annex 3 -- Plans of Representative Structures., Annex 4 -- Photographs of Representative Structures.
Prepared for Maine Historic Preservation Commission, Augusta, Maine
October 23, 1988
The War Power After 200 Years: Congress And The President At A Constitutional Impasse: Hearings Before The Subcommittee On War Powers Of The Committee On Foreign Relations, United States Senate, One Hundredth Congress, First Session, Claiborne Pell, Larry Pressler, Paul Simon, Paul S. Sarbanes, Edwin B. Firmage, Michael J. Glennon, W. Taylor Reveley Iii, Robert F. Turner
The War Power After 200 Years: Congress And The President At A Constitutional Impasse: Hearings Before The Subcommittee On War Powers Of The Committee On Foreign Relations, United States Senate, One Hundredth Congress, First Session, Claiborne Pell, Larry Pressler, Paul Simon, Paul S. Sarbanes, Edwin B. Firmage, Michael J. Glennon, W. Taylor Reveley Iii, Robert F. Turner
Congressional Testimony
No abstract provided.
The Army's Command Sergeant Major Problem, John C. Bahnsen, James W. Bradin
The Army's Command Sergeant Major Problem, John C. Bahnsen, James W. Bradin
The US Army War College Quarterly: Parameters
No abstract provided.
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson
Florida State University Law Review
National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …
International Law: Process And Prospect, Linda A. Shoemaker
International Law: Process And Prospect, Linda A. Shoemaker
Michigan Law Review
A Review of International Law: Process and Prospect by Anthony D'Amato
Military Law And The Charter Of Rights, Andrew D. Heard
Military Law And The Charter Of Rights, Andrew D. Heard
Dalhousie Law Journal
Substantial re-evaluations of the rules ordering many facets of Canadian society have been required since the introduction of the Charter of Rights and Freedoms, both as a consequence and in anticipation of challenges in the courts. The military community in particular has been faced with extensive difficulties because of the adoption of the Charter of Rights by its parent civilian society. The dilemma the military finds itself in stems from the creation of the Charter by civilian politicians and lawyers who had the problems of a civilian society and legal system in mind; yet it applies equally to the military.' …
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
Post-Traumatic Stress Disorder: A Controversial Defense For Veterans Of A Controversial War, Michael J. Davidson
William & Mary Law Review
No abstract provided.
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
Washington Law Review
There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …
United States V. Stanley: Has The Supreme Court Gone A Step Too Far, Andrew P. Doman
United States V. Stanley: Has The Supreme Court Gone A Step Too Far, Andrew P. Doman
West Virginia Law Review
No abstract provided.
When Soldiers Are Defendants, David A. Schlueter
When Soldiers Are Defendants, David A. Schlueter
Faculty Articles
In O’Callahan v. Parker, the U.S. Supreme Court adopted a “service connection” requirement for court-martial subject matter jurisdiction. For almost two decades that requirement caused numerous problems of interpretation and application. In Solorio v. United States, the Court overruled its decision in O’Callahan. While assigned to a Coast Guard unit in Juneau, Alaska, the accused committed numerous acts of sexual abuse against two minor daughters of other Coast Guard members. The crimes were not discovered, however, until after he had been transferred to Governors Island, New York, where he committed additional acts of sexual abuse on other daughters of Coast …
Westmoreland V. Cbs: The Law Of War And The Order Of Battle Controversy, Stephen B. Young
Westmoreland V. Cbs: The Law Of War And The Order Of Battle Controversy, Stephen B. Young
Vanderbilt Journal of Transnational Law
This Article will contend that the law of war obligated Westmoreland to accept lower numbers for the military Order of Battle because the persons under consideration for inclusion were arguably noncombatant civilians entitled to the protections that the law of war reserved for nonbelligerents. To support this conclusion, this Article will first discuss the necessary distinction, as embodied in the law of war, between combatants and noncombatants. Next, it will discuss the circumstances of combat that Westmoreland discovered when United States forces entered the war to fight one-on-one with Vietnamese Communist units. It will then discuss Westmoreland's personal obligations under …
Book Review Of The Law Of War, Linda A. Malone
Book Review Of The Law Of War, Linda A. Malone
Faculty Publications
No abstract provided.
The Law Of Belligerent Occupation And The Legal Status Of The Gaza Strip, Bob Labes
The Law Of Belligerent Occupation And The Legal Status Of The Gaza Strip, Bob Labes
Michigan Journal of International Law
Israel's presence in the Gaza Strip does, in fact, raise many interesting issues in international law, including questions concerning the law of belligerent occupation, and the law of self-determination. This note examines some of these questions. Part I of the Note discusses pertinent aspects of the law of belligerent occupation. It points out that among the features of the traditional concept of belligerent occupation is the existence of an armed conflict between the occupying state and the state whose territory is occupied. Part II examines the history of the Gaza Strip, in an attempt to determine whether it can be …
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt
Vanderbilt Journal of Transnational Law
This Article will first review how nongovernmental organizations attempt to apply human rights law and humanitarian law during periods of armed conflict. It will next review the practice of one principal inter-governmental organization--the United Nations General Assembly--inciting humanitarian law. Third, this Article will study the reasons why the United Nations and international nongovernmental organizations should or should not refer to humanitarian law in support of their human rights work. Fourth, it will consider the preeminent position in implementing international humanitarian law of the ICRC, a private Swiss organization engaged in various international activities including specific functions provided by international humanitarian …
Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White
Common Callings And The Enforcement Of Postemployment Covenants In Texas Symposium - Business Tort Litigation., William H. White
St. Mary's Law Journal
Abstract Forthcoming.
Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg
Products Liability: An Argument For Product Line Liability In Texas Symposium - Business Tort Litigation., Charles E. Cantu, David S. Goldberg
St. Mary's Law Journal
In today’s fast-paced business world, buyouts, takeovers, mergers, and other acquisitions are common occurrences. As a consequence of this corporate turnover, the consumer plaintiff injured while using a defective product may find the search for the proper defendant is futile, simply because the product is now marketed by a different legal entity. Generally, the consumer has no recourse against the manufacturer of the particular product which caused the injury if that manufacturer has since dissolved. This apparent unfairness, coupled with an increase in litigation of this nature over the last decade, has led to the judicial recognition of an exception …
Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii
Terminating The Guardianship: A New Role For State Courts., M. P. Duncan Iii
St. Mary's Law Journal
Abstract Forthcoming.
Texas Civil Procedure - Evidence Of Net Worth - Net Worth Is Discoverable And Admissible Into Evidence For The Purpose Of Assessing Punitive Damages Recent Development., Mark A. Lindow
St. Mary's Law Journal
Abstract Forthcoming.
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott
Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott
St. Mary's Law Journal
Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …
Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton
Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton
St. Mary's Law Journal
Abstract Forthcoming.
Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele
Admissibility Of Subsequent Remedial Measures As Evidence In Texas., Wendy Hunkele
St. Mary's Law Journal
Abstract Forthcoming.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.
Arbitration And Litigation Of Public Customers' Claims Against Broker-Dealers After Mcmahon Symposium - Business Tort Litigation., Joseph L. Hoon Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis
Franchise Litigation In Texas: Analyzing Claims And Defenses Symposium - Business Tort Litigation., John G. Lewis
St. Mary's Law Journal
Abstract Forthcoming.
Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan
St. Mary's Law Journal
Abstract Forthcoming.
Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins
Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins
St. Mary's Law Journal
Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …
Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner
Unlimited Branch Banking In Texas: The Next Step In Deregulation Comment., Mark A. Giltner
St. Mary's Law Journal
Abstract Forthcoming.
Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith
Copyright Protection For Intellectual Property Rights To Recombinant Deoxyribonucleic Acid: A Proposal Comment., Donna Smith
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton
St. Mary's Law Journal
Abstract Forthcoming.