Law Commons^™

When Uncle Sam Spills: A State Regulator’S Guide To Enforcement Actions Against The Federal Government Under The Clean Water Act, Ian M. Staeheli

Washington Law Review

The U.S. government is one of the largest polluters on the planet. With over 700 domestic military bases and countless more federal facilities and vessels operating within state borders, there exists an enormous potential for spills and discharges of pollutants into state waters. The regulatory burden for enforcing environmental laws against the federal government falls on the Environmental Protection Agency and state regulators. But enforcing laws and regulations against the federal government and its progeny is a daunting regulatory task.

Other scholarship addresses some of the vexing peculiarities involved when regulating Uncle Sam. Those works discuss the “confusing mess” that …

Muscular Procedure: Conditional Deference In The Executive Detention Cases, Joseph Landau

Washington Law Review

The executive detention cases of the past several years demonstrate a rare but critical assertion of procedural law where the political branches fail to legislate or to properly implement substantive law. This is “muscular procedure”—the invocation of a procedural device to condition deference on political branch integrity. Courts have affected the law of national security in profound ways by requiring the political branches to adhere to a judicially imposed standard of transparency and deliberation. Courts have resolved the merits of individual enemy combatant challenges by rejecting executive branch decisions based on absolute secrecy, innuendo, tentativeness, or multiple levels of hearsay, …

International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz

Washington Law Review

There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …

International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz

Washington Law Review

There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …

The Privilege Against Revealing Military Secrets, Robert F. Brachtenbach

Washington Law Review

One of the rules most frequently invoked to exclude evidence is that of the privileged communication—between husband and wife, attorney and client or physician and patient. In contrast, a voice claiming the privilege to exclude evidence because it involves military secrets has seldom been heard in the courtroom. Yet it is recognized as a genuine testimonial privilege of early origin. In the present era of intensive military preparation—often of a nature most secret, yet in close contact with civilian life—it is appropriate to examine the scope and mechanics of the privilege. At the outset a word of limitation is necessary. …

The Reform Of Japan's Legal And Judicial System Under Allied Occupation, Alfred C. Oppler

Washington Law Review

No abstract provided.

Freezing Of Labor In Wartime, James Gay

Washington Law Review

Regardless of the institutional or political structure of the countries engaged in modem warfare, competition for manpower among the armed forces, agriculture and industries creates labor shortage problems which, of necessity, must be solved by similar methods as long as the total amount of human resources is limited. A cursory glance at the wartime labor legislation of Great Britain, Canada, the U.S.S.R., and Germany shows that the means of coping with the steadily increasing labor shortage are on the whole similar in all four countries. Recent developments in the field of manpower allocation and wage freezing in the United States, …

Military Commissions: Trial Of The Eight Saboteurs, Myron C. Cramer

Washington Law Review

When your President asked me to talk about something and gave me the choice of subjects, I really didn't know just what to select. I much would have preferred that he would have told me what he would like to have me talk about, but being this is a lawyers' meeting and being that we have been through the trial of the eight saboteurs in Washington, I thought that probably you ladies and gentlemen would be interested in the legal aspects of that trial. Now, I have got to say at the outset that so far as the facts are …

The British Commonwealth, The United States And World Peace, Denis Murphy

Washington Law Review

No thinking person will deny that the question of world peace is one of vital importance, one which affects every individual now living and one which will affect every individual hereafter to be born, for upon it depends the future existence of civilization as we know it and, therefore, the material, intellectual and spiritual status of every present and prospective member of the human race. And, unfortunately, no well-informed person can deny that the existing relations between the United States and the British Commonwealth of nations are not such as give that guarantee of solidarity of purpose and consonance of …