Military, War, and Peace Commons^™

Justifying Secrecy: An Objection To The General Deliberative Privilege, Gerald Wetlaufer

Indiana Law Journal

No abstract provided.

The Military Rules Of Evidence: Origins And Judicial Implementation, Fredric I. Lederer

Faculty Publications

No abstract provided.

Open Skies: The 1955 Proposal And Its Current Revival, Jane Boulden

Dalhousie Law Journal

On 21 July 1955, at a four-power summit conference involving France, Great Britain, the United States, and the Soviet Union, President Eisenhower put forward a proposal calling upon the Soviet Union to engage in an exchange of military blueprints with the United States and to accept a system of mutual, unlimited aerial reconnaissance of each others' territory. Dubbed Open Skies, the proposal was intended to test the seriousness of the Soviet Union with respect to disarmament negotiations. It was also intended, if successful, to pull back the veil of secrecy surrounding the Soviet Union and its military activities.

Meanness As Racial Ideology, Derrick Bell

Michigan Law Review

A Review of The Port Chicago Mutiny: The Story of the Largest Mutiny Trial in U.S. History by Robert L. Allen

The Intifadah And The Enhancement Of Israeli Democracy, Nathaniel K. Charny

In the Public Interest

No abstract provided.

The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi

Michigan Journal of International Law

This Note will provide an introductory analysis of the conventions on belligerent occupation as they apply to the West Bank aquifer. Part I provides a brief analysis of the current situation in the region. Part II provides an overview of the relevant conventions on belligerent occupation and then focuses on how these laws apply to underground water resources in the West Bank. Finally, Part III outlines potential developments for the maintenance of complicity with the developing law of belligerent occupation, taking into account developments in international water law.

Terrorism In National And International Law, Caleb M. Pilgrim

Penn State International Law Review

Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …

Women In Combat: Changing The Rules, Michael F. Noone Jr.

Scholarly Articles

This article offers an approach, not an answer. It concludes that any of the three branches of government could permit women to serve in combat units. Women have been formally barred from serving in combat ships or aircraft by a 1948 law-the Women's Armed Services Integration Act. Because the sponsors of that legislation concluded that it was impossible to distinguish combat and noncombat roles in the Army, the Secretary of that service was given discretion to designate combat units which would be filled only by men. Congress could change the law. The judiciary could decide that the law, or the …

Essay: On Conscientious Objection, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Developing A Security Strategy For Indochina, Jeffrey F. Addicott

Faculty Articles

Serious thought must be given to the complex problem of U.S. military retrenchments in the Pacific Rim. One of the most troubling issues is the impact of significant military reductions on those developing nations in the Asian Basin that currently have no garrison of U.S. troops, but are nonetheless friendly to and necessary for American interests. Almost all of friendly Indochina is affected, with Thailand, Malaysia, and Indonesia being of particular significance.

Accordingly, the time has come for policymakers to begin to formulate a post-reduction security strategy for Indochina. Without such a strategy, the cumulative effect of an erosion of …

A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbrueck

Michigan Journal of International Law

The post-World War II political setting in Europe was marked by the stable posture of two tightly structured opposing bloc-systems. In military terms, the Warsaw Pact and the North Atlantic Treaty Organization, and in the economic sphere, the Eastern European Council for Mutual Economic Cooperation and the Western European Economic Communities, represented the stark distinctions of the Cold War. This stable posture has definitely come to an end. Due to the rapid decline of the Communist regimes in Eastern Europe, there is a growing concern in various political quarters about an emerging political instability in Eastern and Central Europe brought …

The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll

Michigan Journal of International Law

The recent Palestinian uprising in the Israeli Occupied Territories, otherwise known as the Intifadah, has brought greater attention to Israel's security measures. Specifically, the Intifadah has raised questions of the efficacy and legality of Israel's attempts to control the local population by means criticized by many as overly heavy-handed. One such practice employed by the Israelis is the demolition or sealing of houses in which a resident is believed to have committed a political or violent act against the interests of the State of Israel. The intent of this paper is to examine the legality of the destruction of houses …

Benign Classification Based On Race Must Be Narrowly Tailored To Achieve A Compelling Governmental Interest., Martha J. Hess

St. Mary's Law Journal

In City of Richmond v. J.A. Croson Co., the Supreme Court held a minority business utilization plan (Richmond Plan) was violative of the Fourteenth Amendment’s Equal Protection Clause. The Richmond Plan required all builders awarded city construction contracts to subcontract, at minimum, 30% of the contract value to Minority Business Enterprises. A state government enacting legislation that burdens one class of persons and benefits a similarly-situated class must provide sufficient justification for its action to survive equal protection analysis. When distinction is based on race or national origin—classes considered inherently suspect—a reviewing court subjects the governmental legislation to strict scrutiny, …

42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …

In Memoriam.

St. Mary's Law Journal

Abstract Forthcoming.

Standards Of Appellate Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.

The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray

St. Mary's Law Journal

A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …

An Employer Cannot Avoid Its Obligation To Contribute To An Employee-At-Will's Pension Plan By Terminating The Employee., Carol Jendrzey

St. Mary's Law Journal

In McClendon v. Ingersoll-Rand Co., the Texas Supreme Court held an employer cannot avoid its obligation to contribute to an employee-at-will’s pension plan by terminating the employee. A minority of jurisdictions recognize an implied contract exception to the employment-at-will doctrine allowing termination only with cause. In these jurisdictions, employers who raise the defense of statute of frauds because there is no written employment contract may be defeated by the terms of employment articulated in employee handbooks and manuals. Though both the legislatures and the courts recognize a public policy interest in protecting employee pension plans, the United States Supreme Court …

Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.

St. Mary's Law Journal

No abstract provided.

Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller

St. Mary's Law Journal

In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …

You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood

St. Mary's Law Journal

No abstract provided.

Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

No abstract provided.

Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards

St. Mary's Law Journal

No abstract provided.

1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., James P. White

St. Mary's Law Journal

Abstract Forthcoming.

Dedication., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.

Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm

St. Mary's Law Journal

Abstract Forthcoming.

Texas' New Trademark Antidilution Statute - Useful Or Useless New Protection For Texas Trademarks., Richard Taylor

St. Mary's Law Journal

Texas courts must set forth clear and concise guidelines for trademark antidilution enforcement. The adoption of a trademark antidilution statute substantially alters Texas trademark law. The statute allows a trademark owner to enjoin acts which dilute a registered or common law trademark’s distinctive quality. It applies whether competition exists between the parties or a likelihood of confusion exists as to the owner of the mark. The statute adds a new dimension to trademark protection in Texas because it creates a property interest in the trademark. As promising as these protections sound, the new antidilution statute may prove ineffective due to …

What Price Innocence - A Realistic View Of The Innocent Landowner Defense Under Cercla., Debra L. Baker, Theodore G. Baroody

St. Mary's Law Journal

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide the federal government and the states with authority to clean up hazardous waste sites. This article discusses the significance of the so-called “innocent landowner defense” under CERCLA. This Act imposed liability on landowners regardless of the landowner’s contribution to, or awareness of, the presence of hazardous substances on their acquired property. The exceedingly, and apparently unintentionally, harsh impact of CERCLA liability soon became apparent. This article addresses a brief summary of the statute and the manner in which the innocent landowner defense came into existence. …