Digital Commons Network^™

Human Rights In The Territories Occupied By Israel, Morris Greenspan

Santa Clara Law Review

No abstract provided.

A Proposed Form For Local Board Consideration Of Conscientious Objector Claims, David M. Fitzgerald

University of Michigan Journal of Law Reform

The general subject of selective service reform contains enough problems to busy the proverbial thousand monkeys at a thousand typewriters for a thousand years in an effort to solve just one. A solution to one of these problems, conscientious objection, would surely justify the effort. But this article, being the work of a single man using a single typewriter over a period considerably less than a year, makes no such pretense. Unlike most of the books, articles, and commission reports dealing with the selective service law, and conscientious objection in particular, this article is concerned primarily with procedural rather than …

Proposed Revisions In The Law Of War Applicable To Internal Conflict, James E. Bond

Santa Clara Law Review

No abstract provided.

Book Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

The Origins Of Ambivalence In Transnational Norms, Frederick O. Bonkovsky

Vanderbilt Journal of Transnational Law

Grotius' magnum opus of 1625, "De Jure Belli ac Pacis", represented the culmination and summary of Western international norms through the 17th century. But Grotius' explicit statement of international mores in legalized terms marked a departure from medieval thought. By secularizing natural law and, more importantly, by recognizing the new international system of the sovereign nation-states, Grotius made major alterations in transnational theory, thus earning the sobriquet, "father of international law."

As will be seen, however, a serious ambivalence marked Grotius' views. His modernity was demonstrated most notably in his recognition that international politics was the province of a number …

International Law And Conflict Resolution: Palestinian Claims And The Arab States, J. L. Taulbee, David P. Forsythe

Vanderbilt Journal of Transnational Law

Over the last few years there has been a revival of interest in international law as a mechanism for conflict resolution. These same years have seen a demonstration of the undeveloped state of international law, particularly concerning intrastate conflicts. The wide disagreement about questions of fact, legal consequence, and world order implications of internal war is a telling commentary on the current problems of applying legal standards to such conflicts. A major part of the disagreement can be explained in terms of the specific problems relating to fact determination and authoritative interpretation engendered by the nature of the environment in …

The Bases And Range Of Federal Maritime Law: Indicia Of Maritime Competence, Arthur R. Louv

Vanderbilt Journal of Transnational Law

The Constitution and federal statutes of the United States establish three forms of jurisdiction for the federal judiciary--diversity, federal question, and admiralty and maritime. This scheme of multi-based jurisdiction necessarily raises a fundamental problem in our federal judicial system: the interrelation of these grants of power.

Mr. Justice Story, the author of the opinion in Swift v. Tyson, viewed the grants of diversity, federal question, and maritime competence as complementary, and utilized this concept in an attempt to create a uniform body of federal commercial common law. In "Erie Railroad Company v. Tompkins", however, the Supreme Court rejected the principle …

Espionage In Transnational Law, Leslie S. Edmondson

Vanderbilt Journal of Transnational Law

Traditionally, spies have been defined as "secret agents of a State sent abroad for the purpose of obtaining clandestinely information in regard to military or political secrets." Older authorities have stated emphatically that the gravamen of espionage is the employment of disguise or false pretense. Such deception has been the justification for visiting the severest of penalties upon the captured spy. Curiously, however, the employment of spies has not been considered reprehensible conduct. The refusal to officially acknowledge the commissioning of a spy operated to relieve the government of any responsibility either to the offended state or to the secret …

Proposed Revisions To The Law Of War Applicable To Internal Conflict, James E. Bond

Faculty Articles

This article features a careful analysis of the law of armed conflict as it applies to internal disputes. It also provides detailed proposals for modifications in the law of war to encompass the difficult problems of human rights involved in internal disputes.

Book Review, James A. Henderson

Notre Dame Law Review

No abstract provided.

International Assistance To Civilian Populations In Armed Conflicts, Gidon A. G. Gottlieb

Articles

No abstract provided.

Secrecy In A Free Society, Sam J. Ervin Sen.

Publicity & News Clippings

No abstract provided.

Sovereign State And Universal Peace, Cornelius F. Murphy

Notre Dame Law Review

No abstract provided.

The Right To Bear Arms: The Development Of The American Experience, John Levin

Chicago-Kent Law Review

No abstract provided.

Corporate Nationality And The Diplomatic Protection Of Multinational Enterprises: The Barcelona Traction Case, Nigel S. Rodley

Indiana Law Journal

No abstract provided.

September 17, 1971, University Of Michigan Law School

Res Gestae

•Attica •Note •The International Law Society •Griddie Goodies •Tragedy at Attica •Editorial •Kamisar •Vining •Chambers

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Arms Control Procedure: Inspection By The People—A Reevaluation And A Proposal, Barry M. Portnoy

Cornell International Law Journal

No abstract provided.

Labor Relations—Federal Court Injunctions Against Concerted Strike Activity: Norris-Laguardia And Taft-Hartley Accommodated—Boys Markets, Inc. V. Retail Clerk;S Union, Local 770, 398 U.S. 235 (1970), Anon

Washington Law Review

Employer and Union were parties to a collective bargaining agreement in which Union had promised not to strike and each had promised to submit to binding arbitration at the request of the other. A dispute arose, and Union, in spite of the agreement, called a strike and began picketing Employer's building. After attempting unsuccessfully to invoke the grievance and arbitration procedures specified in the agreement, Employer obtained a temporary restraining order forbidding continuation of the strike Union then removed the case to the federal district court and moved to quash the state court's restraining order. Employer, in opposition, moved for …

Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review

Michigan Law Review

In 1968, a movie called The Graduate received wide critical acclaim for characterizing the malaise of youthful America. For many, the scene most representative of contemporary irrelevance took place during the protagonist's homecoming party, at which a businessman, with grave and repetitive insistence, encouraged the recent college graduate to enter the plastics industry. In a CBS-TV news interview on November 24, 1969, Paul D. Meadlo revealed his participation in an incident in Vietnam that has captured the horrified attention of the nation. Meadlo, twenty-three years old, is a machine operator in a Terre Haute, Indiana plastics factory.

The Honorable Discharge: A Farewell To Responsibility For War Crimes?, Charles W. Boohar Jr.

William & Mary Law Review

No abstract provided.

Protection Of Non-Combatants In Guerrilla Wars, James E. Bond

William & Mary Law Review

No abstract provided.

The United States Navy And An International Seabed Regime (U), Theodore E. Newark

Marine Affairs Theses and Major Papers

The paper proposes to briefly outline the Navy's general role as one element of this nation's overall seapower. The expanding sources of conflicting interest in uses of the sea are examined along with the barely visible form which debates are presently giving toward the creation of an international regime for the peaceful exploration and exploitation of the natural resources of the seabed and its subsoil, located beyond the limits of national jurisdiction. Naval adjustment to the requirements expected to derive from new aspects of the evolving changes to present law of the sea are analyzed and recommendations are drawn in …

Dooley's Dictum, Vol. 1, No. 09, Notre Dame Law School Student Bar Association

Dooley's Dictum

Dooley' Dictum: A Newspaper of, by and for the Fighting Irish Lawyers of Notre Dame

A publication of the Student Bar Association

The Fcc's Fairness Doctrine In Operation, James L. Kruse

Buffalo Law Review

No abstract provided.

Giving Strength To The No-Strike Clause: Accommodation To Allow Federal Injunctions, Randall L. Stamper

Notre Dame Law Review

No abstract provided.

Dooley's Dictum, Vol. 1, No. 05, Notre Dame Law School Student Bar Association

Dooley's Dictum

Dooley' Dictum: A Newspaper of, by and for the Fighting Irish Lawyers of Notre Dame

A publication of the Student Bar Association

February 2, 1971, University Of Michigan Law School

Res Gestae

•H.M.C. Semi Finals •Ungraded Evaluations of Student Performance •Very Mechanical •What's Coming Down in the Courts •A Little Short •Whither? •Not Dead, Just Moving? •From the Glass Bookcase

Indochina: Some Lingering Issues Of Law And Policy, Cornelius F. Murphy Jr.

Duquesne Law Review

One consequence of the "winding down" of the Vietnam War has been a lessening of interest in the legal issues raised by the conflict. But there are some recent reminders of the relevance of law to this great tragedy. The decision of the Supreme Court in Gillette v. United States dramatically illustrates how the human conscience remains tortured by the war. Within Indochina, two major military operations: the Cambodian incursion, and the movement of troops into Laos, have posed new questions of law and policy for international lawyers.

Book Reviews, David F. Maxwell, David R. Gold, Ewell E. Murphy Jr., Robert Pennington

Duquesne Law Review

THE SILVERLAKE EXPERIMENT. By Lamar T. Empey and Steven G. Lubeck. Chicago: Aldine Publishing Company, 1971. Pp. x, 354. $12.50.

THE FEAR OF CONSPIRACY: IMAGES OF UN-AMERICAN SUBVERSION FROM THE REVOLUTION TO THE PRESENT. Edited with commentary by David Brion Davis.Ithaca: Cornell University Press, 1971. Pp. xxiv, 362. $10.00.

THE INTERNATIONAL LAW OF CIVIL WAR. Edited by Richard A. Falk. Baltimore: The Johns Hopkins Press, 1971. Pp. xix, 452. $15.00.

THE DEATH OF THE GREAT SPIRIT: AN ELEGY FOR THE AMERICAN INDIAN. By Earl Shorris. New York: Simon and Schuster, 1971. Pp. 253. $6.95.