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Articles 10951 - 10980 of 13072
Full-Text Articles in Entire DC Network
Aspects Of Political Culture And Institution-Building In Melanesia: Constitutional Planning In Papua New Guinea And The Special Committee On Provincial Government In Solomon Islands, Edward P. Wolfers
Pacific Studies
No abstract provided.
Nonjudicial Punishment Under Article 15 Of The Uniform Code Of Military Justice: Congressional Precept And Military Practice, William R. Salisbury
Nonjudicial Punishment Under Article 15 Of The Uniform Code Of Military Justice: Congressional Precept And Military Practice, William R. Salisbury
San Diego Law Review
This Comment examines how nonjudicial punishment has been misused and proposes certain changes to curb this misuse. The author reviews the legislative history, Executive Orders, current military regulations, and judicial decision and focuses on the gaps between congressional precept and military practice in the use of Article 15. The author argues that the Armed Forces have used nonjudicial punishment in ways not intended by Congress, and that Article 15 has been used to circumvent legal safe-guards available at courts'-martial. The author concludes that Congressional action is needed to curb abuse of the non-judicial punishment power.
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
The Limits Upon A Labor Union's Duty To Control Wildcat Strikes, James Bryan Zimarowski
West Virginia Law Review
Industrial relations and collective bargaining have come a long way since the violent industrial and economic warfare of the pre-1940's period. But as labor unions and business organizations became more facially "professional" in their relationship, some union rank and file members have viewed this professionalism as being both restrictive and conservative and have chosen to resolve certain industrial grievances through the use of wildcat work stoppages. This discordant practice has created strains in the collective bargaining relationship of the negotiating union and the employer, in legal actions to enforce the collective bargaining argeement, in the relationship between the union and …
Adjusting To The Managerial Revolution: The Law Of Corporations In The Federal Courts Of Delaware 1900-1941, Stephen B. Presser, Richard E. Simpson
Adjusting To The Managerial Revolution: The Law Of Corporations In The Federal Courts Of Delaware 1900-1941, Stephen B. Presser, Richard E. Simpson
William & Mary Law Review
No abstract provided.
A Management Perspective, Louis D. Beer
A Management Perspective, Louis D. Beer
The Journal of Law and Education
No abstract provided.
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
University of Michigan Journal of Law Reform
The purpose of this speech is to examine how the doctrine against prior restraint has evolved since the Pentagon Papers case. I intend to demonstrate that while traditional antipathy to prior restraint has for the most part remained strong, several recent cases foreshadow a dangerous expansion of well-established exceptions to the doctrine. To understand fully the significance of these recent cases, I will begin this lecture with a general discussion of the historical origins of the doctrine against prior restraint. I will then proceed with a critical overview of the landmark Pentagon Papers case, more formally called New York Times …
Unclos Iii: A Flawed Treaty, Doug Bandow
Unclos Iii: A Flawed Treaty, Doug Bandow
San Diego Law Review
In this Article, the author argues that UNCLOS III is a fatally flawed document that is inimical to the interests of the United States. He argues that the proposed seabed provisions violate philosophical, as well as practical interests, and legitimizes principles that would have an adverse impact on future international negotiations. The author proposes several amendments to the Draft Convention, and argues that only a treaty which recognizes that free market seabed mining and commercial exchange exploit no one will increase the prospects for free exchange, free trade, economic prosperity, and even world peace.
Deterrence, Death, And The Victims Of Crime: A Common Sense Approach, Frank G. Carrington
Deterrence, Death, And The Victims Of Crime: A Common Sense Approach, Frank G. Carrington
Vanderbilt Law Review
The concept of deterrence is one of the most important in the formulations of the victim advocate, primarily because of two essential premises that underlie the entire field of victim advocacy.The first, but not necessarily the most important, of these premises concerns the policy that favors assuaging the plight of persons after they have been victimized. This relief can be provided in a number of different ways: compensation to innocent victims from the states; restitution to victims as a condition of granting probation to the criminal; victim counselling; and victim/witness assistance programs.' The second premise of victim advocacy, namely,preventing victimization …
The Opinion Volume 22 Number 10 – March 17, 1982, The Opinion
The Opinion Volume 22 Number 10 – March 17, 1982, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 17, 1982. Includes extra edition, dated same day.
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
The Social Costs Of Incompetence: An Educator's View, A. Wayne Mackay
The Social Costs Of Incompetence: An Educator's View, A. Wayne Mackay
Dalhousie Law Journal
After I had cut off my hands and grown new ones, something my former hands had longed for came and asked to be rocked. After my plucked out eyes had withered and new ones grown, something my former eyes had wept for came asking to be pitied. 2 The above quotation has been applied to lawyers and in particular the process of legal education. It is a distressing thought for anyone who cares about the law and considers it a worthy profession. Must people sever hands that can rock and pluck out eyes that can pity in order to become …
In Defense Of Fundamental Rights, W. J. Fenrick
In Defense Of Fundamental Rights, W. J. Fenrick
Dalhousie Law Journal
The central question dealt with by William E. Conklin inIn Defense of Fundamental Rights is "Why are fundamental rights considered fundamental?" (p. 2). In Part I he looks at traditional juridical answers to this question (all of which he finds unacceptable). In Part II he turns to the answers of philophers, in particular John Stuart Mill and John Rawls, and then goes on to formulate his own view as to what is, in his words, "the ultimate norm in a democratic society" (p.6). Lastly he makes use of this norm to determine which rights are fundamental and when they may …
On Clandestine Warfare, Robert E. Rodes, Jr.
On Clandestine Warfare, Robert E. Rodes, Jr.
Washington and Lee Law Review
No abstract provided.
Clandestine Warfare: Morality And Practical Problems Confounded, John F. Murphy
Clandestine Warfare: Morality And Practical Problems Confounded, John F. Murphy
Washington and Lee Law Review
No abstract provided.
Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.
Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.
Washington and Lee Law Review
No abstract provided.
Military Occupation Currency, Dominique G. Carreau
Military Occupation Currency, Dominique G. Carreau
San Diego Law Review
This Article presents a modern survey of a State's monetary rights and duties during and after military occupation of another State. The author argues that the belligerent occupant has broad monetary powers to issue currency, control financial institutions and regulate in response to military necessity. In contrast, the Hague Regulations impose upon the occupant a few, general obligations which can be construed to limit the occupant's unreasonably inflationary actions or total destruction of the occupied country's economy. The author concludes that international law governing the occupant's conduct is loose and lenient, as a result of a general lowering of the …
What 'Counts' As Law?, Anthony D'Amato
What 'Counts' As Law?, Anthony D'Amato
Faculty Working Papers
A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …
Who Put Out The Lamps: Thoughts On International Law And The Coming Of World War I, Robert A. Friedlander
Who Put Out The Lamps: Thoughts On International Law And The Coming Of World War I, Robert A. Friedlander
Duquesne Law Review
The impact of international law on the crisis politics of world order is the subject of this insightful article. The author briefly traces the origins of international law before focusing particularly on the events of the First World War. Although acknowledging that in this instance international law was powerless to alter the course of events leading to the first great international conflict, the author observes that the role of the law was much more significant than most historians credit. International law, the author concludes, offers at least the hope that in future crises the law will influence, rather than be …
Disarmament And Civilian Control In Japan: A Constitutional Dilemma, Theodore Mcnelly
Disarmament And Civilian Control In Japan: A Constitutional Dilemma, Theodore Mcnelly
Maryland Series in Contemporary Asian Studies
No abstract provided.
In Anticipation Of Subterrestrial Delimitation, D. S. Avery
In Anticipation Of Subterrestrial Delimitation, D. S. Avery
UC Law SF International Law Review
The interior of the earth has scarcely been touched upon in jurisprudence. Although the principle of dominion under land by the owner of surface property has been in existence since the time of Roman law, the need to address the question of who owns inner-earth is long overdue. This Article attempts to answer that question by examining modem delimitation theories that have been applied to the oceans and the atmosphere within the context of the physical interior of the earth. The author suggests the use of the Mohorovicic discontinuity for inner-earth delimitation and invites further inquiry from scholars, scientists, and …
Is The President Bound By The Supreme Law Of The Land--Foreign Affairs And National Security Reexamined, Jordan J. Paust
Is The President Bound By The Supreme Law Of The Land--Foreign Affairs And National Security Reexamined, Jordan J. Paust
UC Law Constitutional Quarterly
No abstract provided.
Crimes, University Of The Pacific; Mcgeorge School Of Law
Crimes, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Book Reviews, Mark H. Aultman
United States V. Scotto: Progression Of A Waterfront Corruption Prosecution From Investigation Through Appeal, Thomas J. Salerno, Tricia N. Salerno
United States V. Scotto: Progression Of A Waterfront Corruption Prosecution From Investigation Through Appeal, Thomas J. Salerno, Tricia N. Salerno
Notre Dame Law Review
No abstract provided.
Refugees, Law, And Development In Africa, Peter Nobel
Refugees, Law, And Development In Africa, Peter Nobel
Michigan Journal of International Law
This article concerns those large movements of people in Africa, which have been called the "African refugee problem." However, large and intriguing migrations of populations have occurred in Africa for centuries. The earliest migrations reflected the spread of culture, the growth of trade and the development of roving early kingdoms. The unique history behind the refugee dilemma, however, begins with the instability spawned by slave trading and colonialism. Sensitivity to these eras heightens an understanding of why today's Africa is wrought with economic crises, territorial disputes, unnatural frontiers, misfit ethnic combinations, and more refugees than any other continent. Against this …
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb
Fordham International Law Journal
This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.
International Law And The Preservation Of The Ocean Space And Outer Space As Zones Of Peace: Progress And Problems, Isaak I. Dore
International Law And The Preservation Of The Ocean Space And Outer Space As Zones Of Peace: Progress And Problems, Isaak I. Dore
Cornell International Law Journal
No abstract provided.
Domestic And International Law Implications Of A Presidentially Declared Blockade Of Cuba, Marcella M. Agerholm
Domestic And International Law Implications Of A Presidentially Declared Blockade Of Cuba, Marcella M. Agerholm
NYLS Journal of International and Comparative Law
No abstract provided.