Digital Commons Network^™

Book Review (Reviewing Paul R. Hyams, Kings, Lords And Peasants In Medieval England: The Common Law Of Villeinage In The Twelfth And Thirteenth Centuries (1980)), Richard H. Helmholz

Articles

No abstract provided.

Impact Of New Technology On Existing Bargaining Units In The Newspaper Industry, Martin R. Ganzglass

UC Law SF Communications and Entertainment Journal

No abstract provided.

Prologue To Nuremberg: The Politics And Diplomacy Of Punishing War Criminals Of The First World War, Michel J. Landron

NYLS Journal of International and Comparative Law

No abstract provided.

International Law And Human Rights--Alien Tort Claims Under 28 U.S.C. 1350: Filartiga V. Pena-Irala, Minn. L. Rev. Editorial Board

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

On The Nature And Consequences Of Private And Public Enterprises, Louis De Alessi

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

International Law As Law Of The Land: Another Constitutional Constraint On Use Of Nuclear Weapons., Martin Feinrider

Nova Law Review

Concern now focuses on the threat to humankind posed by nuclear

weapons to an extent not seen since the days of the Ban-the-Bomb

movement of the 1950s.

Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen

Michigan Journal of International Law

In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.

Between Sovereigns: A Reexamination Of The Refugee's Status, Stephen B. Young

Michigan Journal of International Law

A refugee leaves the country of his or her national origin because the political community will not or can no longer vouchsafe the refugee's life, liberty, or peace of mind. In many cases, the sovereign of national origin actively and coercively deprives the refugee of those basic components of human dignity. By taking flight, refugees enter a precarious realm between sovereigns. They may no longer rely upon the solicitude of their native sovereign, yet international law gives them no effective replacement for that power. They gain neither a right to asylum in other countries nor one to the assumption of …

The Bribery Of Warren Hastings: The Setting Of A Standard For Integrity In Administration, John T. Noonan Jr.

Hofstra Law Review

No abstract provided.

Government Contracting And Technological Change, Isaac Sims Jr.

Theses

This culminating project by Captain Isaac Sims Jr., titled "Government Contracting and Technological Change," examines the evolution of U.S. government policies and practices concerning research and development (R&D) from the pre-World War II era through the immediate postwar years. The study highlights the significant transformation in the federal approach to technological innovation, particularly in defense and medical research, driven by the exigencies of wartime and the Cold War. Central to this transformation was the emergence of a robust contractual relationship between government agencies and private institutions, including universities and industrial firms.

The document outlines how World War II catalyzed the …

Nuclear Weapons Policy: The Ultimate Tyranny, Elliot L. Meyrowitz

Nova Law Review

In Foreign Affairs and The Constitution,' Professor Louis Henkin

pointed out that one of the important traditional functions of the Constitution,

albeit many times overlooked and ignored, has been to limit

the actions of our government in the area of foreign relations.

An Interview With Jeremiah Pangloss-A Prelude To The Constitutional Debate, Ovid C. Lewis

Nova Law Review

Given the complex nature of nuclear weapons strategy for instituting

W.W. II,-a subject (survival) for which most of us display intense

feelings that tend to cloud our objectivity-I decided to ask my

illustrious friend Dr. Jeremiah Pangloss, to write an introductory piece

for this symposium.

Nuclear Weapons And Constitutional Law, Arthur S. Miller

Nova Law Review

The time has come for lawyers to confront the question of whether

nuclear weapons-their manufacture, deployment, and use-can be

justified under either constitutional or international law.

Nuclear War: The End Of Law, Milner S. Ball

Nova Law Review

Professor Miller summons us to consider the constitutionality of

nuclear weapons. In doing so, he has made an original, provocative contribution

to constitutional jurisprudence as well as the humanizing

politics of nuclear arms control. He speaks with scholarly responsibility

on a subject that has heretofore engendered either silence or nonsense

and bombast.

The Constitution And Nuclear Defense, Arval A. Morris

Nova Law Review

It is becoming common knowledge" that the combined nuclear

arsenals of the United States and the Soviet Union contain more than

50,000 warheads, having a destructive power more than one million

times greater than the atomic bomb that destroyed Hiroshima.

Trigger Prices Under Floating Exchange Rates: A Dubious Experiment In Trade Policy, Gerhard Rosegger

Case Western Reserve Journal of International Law

No abstract provided.

Settlement Of The Namibian Dispute: The United States Role In Lieu Of U.N. Sanctions, Deneice C. Jordan-Walker

Case Western Reserve Journal of International Law

No abstract provided.

The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy

Michigan Journal of International Law

The U.S. Treasury Department has the responsibility of administering several emergency-related programs that affect the property of certain countries (and usually the nationals thereof) designated by its regulations, where the property, or the persons dealing with the property, are subject to the jurisdiction of the United States. These so-called "embargo controls" consist of trade sanctions (i.e., an "embargo" in the narrow sense of the term) and prohibitions on transactions involving assets in which the designated country or its nationals have any interest. These prohibitions, known collectively as a "blocking" of assets, have an impact on refugees and expatriates, …

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

The Future Of Human Rights In International Jurisprudence: An Optimistic Appraisal, Benjamin B. Ferencz

Hofstra Law Review

No abstract provided.

Conditioning U.S. Security Assistance On Human Rights Practices, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

In the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of I he officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and …

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis

Michigan Law Review

This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …

Cohen's Handbook Of Federal Indian Law, 1982 Edition

University of Colorado Law Review

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

CANADIAN CRIMINAL LAW: INTERNATIONAL AND TRANSNATIONAL ASPECTS

By Sharon A. Williams and J. G. Castel

Toronto: Butterworth's, 1981. Pp. 513. $80.00.

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CASES AND MATERIALS ON SALE OF GOODS

By John Adams

London & Canberra: Croom Helm: Ltd., 1982. Pp. 174. $15.50.

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THE DEFENSE POLICIES OF NATIONS: A COMPARATIVE STUDY

Edited by Douglas J. Murray and Paul R. Viotti

Baltimore and London: The Johns Hopkins University Press, 1982. Pp. 525. $35.00 (cloth), $12.95 (paper)

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DOCUMENTS ON THE LAWS OF WAR

Edited by Adam Roberts and Richard Guelff

New York: the Clarendon Press; Oxford University Press, 1982. …

The Search For Truth Continued, More Disclosure, Less Privilege, Marvin E. Frankel

University of Colorado Law Review

No abstract provided.

The Hybrid Dispute: Union Concerted Action In A Politically Motivated Boycott, Elizabeth A. Clough

Case Western Reserve Law Review

No abstract provided.

The Voices Of America In International Radio Propaganda, Ralph A. Uttaro

Law and Contemporary Problems

No abstract provided.

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John Costonis

Journal Articles

No abstract provided.

The Israeli Aerial Attack Of June 7, 1981 Upon The Iraqi Nuclear Reactor: Aggression Or Self-Defense?, W. Thomas Mallison, Sally V. Mallison

Vanderbilt Journal of Transnational Law

On June 7, 1981, the State of Israel conducted an aerial attack on the Iraqi nuclear reactor known as Tamuz I located near Baghdad. The attack was carried out by F15 and F16 aircraft supplied by the United States. The reactor was damaged severely and three Iraqi civilians and one French technician were killed. On June 8 Israel announced the attack and described it as an act of legitimate self-defense, claiming Iraq planned to construct nuclear weapons. On the same day the Republic of Iraq requested an urgent meeting of the United Nations Security Council to consider what it described …

On Clandestine Warfare, Robert E. Rodes

Journal Articles

Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …