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Articles 1 - 30 of 57
Full-Text Articles in Law
Targeting Enemy Merchant Shipping: An Overview Of Law And Practice, L.F.E. Goldie
Targeting Enemy Merchant Shipping: An Overview Of Law And Practice, L.F.E. Goldie
International Law Studies
No abstract provided.
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
Washington International Law Journal
A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …
Vietnam: A Twenty Year Retrospective, Matthew Lippman
Vietnam: A Twenty Year Retrospective, Matthew Lippman
Penn State International Law Review
No abstract provided.
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Vanderbilt Journal of Transnational Law
In this Article, Professor Beres discusses certain political tensions in the Middle East and the appropriateness of preemptive military action by Israel. He concludes that the ongoing hostilities and threatening overtures by Israel's enemies could give Israel sufficient basis pursuant to international law to conduct preemptive strikes. Upon reaching this conclusion, Professor Beres considers the level of force Israel should employ in various preemptive or counter retaliation scenarios. While the degree of preemption is debatable, the author believes that the preservation of Israel may require some preemptive action in the near future.
Comments On George K. Walker Paper State Practice Following World War Ii, 1945-1990, L. C. Green
Comments On George K. Walker Paper State Practice Following World War Ii, 1945-1990, L. C. Green
International Law Studies
No abstract provided.
Targeting Realities: Platforms, Weapons Systems And Capabilities, James Service
Targeting Realities: Platforms, Weapons Systems And Capabilities, James Service
International Law Studies
No abstract provided.
Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, Dieter Fleck
Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, Dieter Fleck
International Law Studies
No abstract provided.
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, J. Ashley Roach
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, J. Ashley Roach
International Law Studies
No abstract provided.
Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, M. W. Janis
International Law Studies
No abstract provided.
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison
International Law Studies
No abstract provided.
Comments On H. B. Robertson's Paper: U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, Kaishoven Frits
Comments On H. B. Robertson's Paper: U.S. Policy On Targeting Enemy Merchant Shipping: Bridging The Gap Between Conventional Law And State Practice, Kaishoven Frits
International Law Studies
No abstract provided.
Another "Solemn Public Lie", Frederick Bernays Wiener
Another "Solemn Public Lie", Frederick Bernays Wiener
University of Richmond Law Review
When Roger Williams, the founder of Rhode Island, and the founder of religious toleration in what was to become the United States of America, examined the charter that King James I had given the Governor and Company of the Massachusetts Bay in New England, he found in that document two significant misstatements. Williams first pointed out the falsity of the recital wherein the King "blessed God that he was the first Christian Prince that had discovered this land."' He then denounced the royal land grant to the Massachusetts Bay Company, because that land belonged, not to the King, but to …
The Nonproliferation Treaty And The "New World Order", Bryan L. Sutter
The Nonproliferation Treaty And The "New World Order", Bryan L. Sutter
Vanderbilt Journal of Transnational Law
The Treaty on the Non-Proliferation of Nuclear Weapons (NPT or Treaty) faces either extinction or extension in 1995, when the NPT signatories will meet to decide its fate. Given the rapid changes in today's nuclear technology and political environment, many states have expressed reservations about extending the Treaty. This Note considers the implications of those reservations as well as arguments favoring extension. This Note reviews the birth of the atomic age and the terms of the NPT and examines the Treaty's strengths and weaknesses. The author concludes that the Treaty should remain in force and suggests strategies for maintaining the …
State Practice Following World War Ii, 1945-1990, George K. Walker
State Practice Following World War Ii, 1945-1990, George K. Walker
International Law Studies
No abstract provided.
Comments On James Service's Paper: Targeting Realities: Platforms, Weapons Systems And Capabilities, J. H. Doyle Jr.
Comments On James Service's Paper: Targeting Realities: Platforms, Weapons Systems And Capabilities, J. H. Doyle Jr.
International Law Studies
No abstract provided.
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
UIC Law Review
No abstract provided.
Consent Decrees Resulting From Institutional-Reform Litigation May Be Modified Upon Showing A Significant Change In Law Or Fact And A Modification Appropriately Tailored To That Change., Christy J. Lindsay
St. Mary's Law Journal
In Rufo v. Inmates of Suffolk County Jail, the Court held that courts may modify consent decrees resulting from institutional reform litigation upon showing a significant change in law or fact and a modification appropriately tailored to that change. The case of Swift v. United States set a strict standard for modification of consent decrees, requiring movants to demonstrate extreme, unexpected hardship and oppression. However, there is a modem trend toward adopting a more flexible standard. The Court deems the “flexible test” as particularly appropriate in the case of the institutional reform consent decree because of its speculative, long-term nature. …
The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga
The New Agrarian Law - Mexico's Way Out., Adrianna De Aguinaga
St. Mary's Law Journal
The New Agrarian Law was passed based on a Mexican consensus demanding a better way of life for millions of farmers. Because of low agricultural productivity by the ejido—land common to all the neighbors—and the difficulties for the ejidatarios—members of the ejido—to obtain credit, an armed insurrection resulted. Mexico was forced to find a solution by trying to redistribute the agrarian lands equitably through agrarian reform. Unlike prior amendments which proved inefficient, the New Agrarian Law is applicable to companies and to ejidos. The New Agrarian Law will permit higher productivity in the Mexican agricultural sector and will increase the …
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular
St. Mary's Law Journal
The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber
St. Mary's Law Journal
This paper will explore the dilemma of implementing an appropriate legal format to best guide proposals for resolution of groundwater contamination. It will review groundwater under the Integrated Environmental Plan for the Mexico-United States Border Area (the Plan) and examine groundwater law in Mexico and in the four border states from a historical perspective. It will consider existing agreements between the two countries and propose adoption of the Bellagio Draft Treaty as the only legally viable means of achieving long-term remedial groundwater solutions. This paper, however, will also note isolated situations may be effectively addressed by the IBWC Minute, pending …
The Great Speech Perspective., Jon Larsen Shudlick
The Great Speech Perspective., Jon Larsen Shudlick
St. Mary's Law Journal
Abstract Forthcoming.
Proof Of Attorney's Fees In Texas., Scott A. Brister
Proof Of Attorney's Fees In Texas., Scott A. Brister
St. Mary's Law Journal
In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …
Framing A Texas Bill Of Rights Argument., James C. Harrington
Framing A Texas Bill Of Rights Argument., James C. Harrington
St. Mary's Law Journal
As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …
The Filing Of An Indictment Against A Criminal Defendant Activates His Sixth Amendment Right To A Speedy Trial, Notwithstanding The Fact That The Defendant Had No Knowledge Of The Indictment Until The Time Of His Arrest., Ronna A. Laidley
St. Mary's Law Journal
In Doggett v. United States, the Supreme Court held the filing of an indictment against a defendant activates his Sixth Amendment right to a speedy trial, notwithstanding the defendant not knowing of the indictment until his arrest. The right to a speedy trial serves to vindicate the rights of individuals who have incurred impediments to their personal liberty because of governmental negligence. The Court stated the Speedy Trial Clause aims to prevent undue and oppressive pre-trial incarceration, limit the anxiety accompanying public accusation, and diminish delays that might cripple a defendant’s ability to prepare an adequate defense. Since Doggett suffered …
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon
St. Mary's Law Journal
Recent brain research has revealed that the major mental illnesses are organic diseases of the brain. Like other organs of the body, the brain can become ill. Dr. E. Fuller Torrey, a psychiatrist whose sister suffers from schizophrenia, has commented that "[t]he evidence that serious mental illnesses are diseases is now overwhelming..." Notwithstanding recent medical findings regarding the organic underpinnings of mental illnesses, private insurers generally do not provide health insurance coverage for the treatment of these brain diseases at the same coverage levels as for other physical illnesses. In fact, "[m]ost private insurers require larger co-payments and set lower …
Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.
Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.
St. Mary's Law Journal
A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …
Amendments To The General Law Of Business Associations., Raul S. Moreyra
Amendments To The General Law Of Business Associations., Raul S. Moreyra
St. Mary's Law Journal
Abstract Forthcoming.
Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra
St. Mary's Law Journal
To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …
Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard
Judges On Judging: A Bibliography., Shirley S. Abrahamson, Susan M. Fieber, Gabrielle Lessard
St. Mary's Law Journal
Abstract Forthcoming.
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson
St. Mary's Law Journal
The focus of this Article is tort suits by employees, or their families, based on personal injury or death occurring in the course and scope of the worker’s employment. If an injury does not occur in the course and scope of employment, the defendant’s status as employer becomes irrelevant; the lawsuit is a common-law tort action, and the defendant has all of the common-law defenses. In 1989 the Texas Legislature repealed the former workers’ compensation law and replaced it with the new Texas Workers’ Compensation Act. The new Act took effect on January 1, 1991. The essentially voluntary nature of …