Digital Commons Network^™

Individual Conscience Under Military Compulsion, Raymond B. Marcin

Scholarly Articles

The exercise of individual conscience under military compulsion is an issue revived by the My Lai courts martial. Natural law jurists saw a place for individual conscience, but the positivist school's dominance changed that. The Nuremberg doctrine denied the defense of superior orders, and now the debate is raging again.

All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt

Faculty Scholarship

The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …

Pfeffer: No More Vietnams?: The War And The Future Of American Foreign Policy; Falk: The Vietnam War And International Law; Mcgee: The Responsibilities Of World Power; Reischauer: Beyond Vietnam: The United States And Asia, Ved P. Nanda

Michigan Law Review

A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz; The Vietnam War and International Law edited by Richard A. Falk; The Responsibilities of World Power by Gale W. McGee; Beyond Vietnam: The United States and Asia by Edwin O. Reischauer

J.G. Starke, An Introduction To The Science Of Peace (Ireneology)., W. Paul Gormley

Buffalo Law Review

No abstract provided.

Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review

Michigan Law Review

This Note will present such an analysis, investigate the deficiencies of the current language in the Uniform Code of Military Justice, and suggest an alternative to the elusive standard that presently exists.

Vietnam And Public International Law: Comment, Anthony A. D'Amato

Vanderbilt Journal of Transnational Law

With each international crisis inevitably come the self-styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counter claims. The remainder of this comment will be addressed to the larger issues involved and some …

Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar

Michigan Law Review

A Review of Concerning Dissent and Civil Disobedience by Abe Fortas

Appendix C: Geneva Convention For The Amelioration Of The Condition Of Wounded, Sick And Ship-Wrecked Members Of Armed Forces At Sea Of August 12, 1949

International Law Studies

No abstract provided.

Appendix A: The London Naval Treaty Of 1930

International Law Studies

No abstract provided.

Appendix B: Document Donitz-100

International Law Studies

No abstract provided.

Chapter V: Claims Concerning Lawful Weapons Of Belligerent Attack, W. T. Mallison Jr

International Law Studies

No abstract provided.

Selective Conscientious Objection: Divine Will And Legislative Grace, Hugh Macgill

Faculty Articles and Papers

No abstract provided.

Military Law And The Miranda Requirements, Gaylord L. Finch

Cleveland State Law Review

The purpose of this article is to examine the Code and its effectiveness in dealing with the military accused in the area of criminal procedure. Emphasis will be placed on the serviceman's right to counsel, the serviceman's Fifth Amendment privilege against self incrimination and the scope of the Bill of Rights when applied to the serviceman. The discussion will be limited to the relationship of the military to its own personnel.

"On Peace", Kenneth Rexroth

Special Collections: Oregon Public Speakers

No abstract provided.

The Utilization Of Artillery And Mortars As Infantry Support Weapons In The Chaco War, Charles John Goodall

Masters Theses

I. The Background of the Conflict

In the summer of 1932, while the world's attention was focused upon Japanese aggression in Manchuria, a border skirmish in the upper reaches of the Plata valley ignited a conflict which could not be extinguished by the good offices of the Pan-American Union or the peace-making machinery of the League of Nations. The prize in question, nearly one hundred and fifty thousand square miles of savanna and swamp, would be minuscule in comparison with the territorial acquisitions of the dictators of that era, but to the two politically unstable and highly nationalistic nations contesting …

Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review

Michigan Law Review

Defendant, a Marine Corps private, was charged with larceny, and naval officers who were not lawyers were appointed as trial and defense counsel. The accused pleaded guilty to six specifications of larceny, and, upon trial by a special court-martial, was given a bad conduct discharge from the service. The board of review, on its own motion, held the guilty plea improvident and stated that, under the sixth amendment, the accused was entitled to counsel qualified in the law unless he had intelligently waived this right. Upon certification by the Judge Advocate General of the Navy to the Court of Military …

Crimes Against Humanity And The Principle Of Nonextradition Of Political Offenders, Manuel R. Garcia-Mora

Michigan Law Review

It is thus the purpose of this article to discuss the nature of crimes against humanity in an effort to determine whether they can be classified as political offenses. It is hoped that from the uncertainty and confusion which appear to underlie the practice of the State, some useful legal principles may be extracted.

Crimes Against Peace In International Law: From Nürnberg To The Present, Manuel R. Garcia-Mora

Kentucky Law Journal

No abstract provided.

Hazardous Duty In Short Desertion: The Formulation Of Military Law Concepts, Alfred Avins

William & Mary Law Review

No abstract provided.

Chapter Iii Economic Impact Of Internal Conflict Introduction, Neill H. Alford

International Law Studies

No abstract provided.

Subject Index, Neill H. Alford Jr.

International Law Studies

No abstract provided.

Table Of Contents, Neill H. Alford

International Law Studies

No abstract provided.

Chapter V Economic Warfare As A Secondary Policy Device, Neill H. Alford

International Law Studies

No abstract provided.

Introduction, Neill H. Alford

International Law Studies

No abstract provided.

Chapter Ii Legal Strategy In Defensive Economic Warfare The Sugar Encounter, Neill H. Alford

International Law Studies

No abstract provided.

Chapter I The Anatomy Of Legal Strategy In Economic Warfare, Neill H. Alford

International Law Studies

No abstract provided.

Chapter Iv Economic Warfare As A Primary Policy Device Introduction, Neill H. Alford

International Law Studies

No abstract provided.

Mcdougal & Feliciano: Law And Minimum World Public Order, Claude B. Mickelwait

Michigan Law Review

A Review of Law and Minimum World Public Order. By Myres S. McDougal and Florentino P. Feliciano

Casenote: Bell V. United States, Ralph J. Rohner

Scholarly Articles

No abstract provided.

The War Crimes Trial: A Second Look, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.