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Intramilitary Immunity And Constitutional Torts, Michigan Law Review Dec 1981

Intramilitary Immunity And Constitutional Torts, Michigan Law Review

Michigan Law Review

This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …


Normative And Policy Restraints On War, William V. O'Brien Mar 1981

Normative And Policy Restraints On War, William V. O'Brien

Michigan Law Review

A Review of Restraints on War: Studies in the Limitation of Armed Conflict edited by Michael Howard, and Humanitarian Politics: The International Committee of the Red Cross by David P. Forsythe


To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review Mar 1981

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman