Law Commons^™

International Crisis And Neutrality: United States Foreign Policy Toward The Iran-Iraq War, Francis A. Boyle

Mercer Law Review

This Article was written in 1986 and submitted to the University of New Orleans Symposium on Neutrality. The Article reflects the author's analysis regarding the United States military intervensionism into the Middle East with a special focus on the Persian Gulf region. The author analyzes the United States' policies to divide-and-conquer the Arab oil fields that orginated as early as in the 1973 Arab oil boycott of Europe. The body of the Article traces the historical developments leading into the Reagan Administration's own foreign policies toward the Iran-Iraq War. Following the body of the Article, the author then. continues an …

Assassination And The Law Of Armed Conflict, Patricia Zengel

Mercer Law Review

The availability of assassination of foreign leaders as a means of achieving United States foreign policy objectives is an issue that has proven in recent years to be a recurring one. However, it does not arise in isolation; instead it is almost always part of a larger political controversy over United States foreign policy objectives and whether force of any kind should be used to pursue them. Certainly this was true with regard to the controversies that surrounded United States policy, including alleged involvement in assassination plots toward Cuba, Vietnam, the Congo, and the Dominican Republic in the 1960s, and …

Conscientious Objection In An All-Volunteer Military: An Impermissible Accommodation Of Religious Freedom?, Mary P. Sullivan

Mercer Law Review

The War and National Defense Selective Service Act and its accompanying regulations are the focus of a renewed debate concerning the validity of allowing active-duty service personnel to separate from the services on the grounds of conscientious objection to war. In the past, constitutional analysis of conscientious objection challenges focused on the Free Exercise Clause of the First Amendment. The underlying premise of this analysis was that the government lacked authority to compel a citizen to -act against his conscience by compelling military service. Central to the "analysis was the ability of the government to compel a citizen to "provide …

The Decline And Fall Of The War Powers Resolution: Waging War Under The Constitution After Desert Storm, John W. Rolph

Mercer Law Review

On August 2, 1990, Iraqi armed forces stormed across their borders and invaded the neighboring country of Kuwait. Almost immediately thereafter, President Bush drew a "line in the sand" against further Iraqi aggression by deploying approximately 230,000 American armed combat troops to the desert of Saudi Arabia as a deterrent shield. In so doing, the President rekindled a long standing controversy with Congress concerning the proper exercise of war powers under the Constitution and how those powers should be distributed between the executive and legislative branches. The President's "line in the sand" sparked unprecedented reevaluation of the much maligned War …

The Beat Goes On: District Court Upholds Virginia Military Institute's All-Male Admissions Policy In United States V. Virginia, Phillip Comer Griffeth

Mercer Law Review

In United States v. Virginia, the United States District Court for the Western District of Virginia held that Virginia Military Institute ("VMI"), a state-supported college, can exclude women under its 152- year-old admissions policy without violating the Equal Protection Clause of the Fourteenth Amendment. The court based its decision on the United States Supreme Court's holding in Mississippi University for Women v. Hogan. Applying the Hogan test, the district court held that VMI's discrimination serves an important state educational objective by enhancing the diversity of Virginia's overall education system and that the exclusive admissions policy is substantially related …

The Case Against Saddam Hussein--The Case For World Order, Andrew M. Warner

Mercer Law Review

The following Article is an excerpt from a paper written in the Fall of 1990. The author submitted the paper in December 1990 as partial fulfillment of the requirements of the Master of Laws program at the University of Virginia. The opinions and conclusions expressed are those of the individual author and do not necessarily represent the United States Army or other governmental agency.

The United Nations' Charter gives the Security Council enforcement authority for breaches of world peace. To be meaningful, rights must have remedies, and the Security Council should now pursue remedies to enforce the rights provided in …

Crisis Of The Soldiers' And Sailors' Civil Relief Act: A Call For The Ghost Of Major (Professor) John Wigmore, Amy J. Mcdonough, Gregory M. Huckabee, Christopher C. Gentile

Mercer Law Review

Iraq's invasion of Kuwait on August 2, 1990 set in motion a chain of events that would change the world community. In the United States, this unprovoked aggression resulted in the activation of hundreds of thousands of military reserves and National Guard personnel in response to the Iraqi's "naked aggression." As the reservists prepared to enter active military service, a fifty year old law, enacted to protect servicemembers and those making the transition between civilian and military life, rose from obscurity like a phoenix. Surprise and voluminous inquiry erupted, as a new generation of servicemembers and businessmen were introduced to …