Law Commons^™

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …

Nuclear Weapons, Ethics, Morals, And Law, Jonathan Granoff

BYU Law Review

No abstract provided.

Trends. Sending Messages: The Fate Of Slobodan Milosevic, Ibpp Editor

International Bulletin of Political Psychology

As President Vojislav Kostunica continues to attempt to consolidate his political power throughout Yugoslavia, controversy still rages as to the fate of the former president, Slobodan Milosevic. Of special interest is whether he should be forced to stand trial at The Hague as an indicted war criminal.

This article discusses arguments for and against Milosevic standing trial.

Trends. Spillover: Is United States Government Military Aid To Colombia All Wet?, Ibpp Editor

International Bulletin of Political Psychology

This article discusses spillover of conflicts in Colombia into surrounding countries as related to United States government military aid.

The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring

International Law Studies

No abstract provided.

Introduction (Volume 75)

International Law Studies

No abstract provided.

Full Volume 75: International Law Across The Spectrum Of Conflict

International Law Studies

No abstract provided.

The Initiation, Suspension, And Termination Of War, Yoram Dinstein

International Law Studies

No abstract provided.

Did Decide Or Should Have Decided: Issue Exhaustion And The Veterans Benefits Appeals Process , Gary E. O'Connor

American University Law Review

No abstract provided.

Table Of Contents (Volume 74)

International Law Studies

No abstract provided.

Index (Volume 74)

International Law Studies

No abstract provided.

International Security And The War Powers Resolution, Alexander C. Linn

William & Mary Bill of Rights Journal

In recent history, the authority to commit US. troops to theaters of conflict has shifted from Congress to the President. After the Vietnam War, the War Powers Resolution was written to reestablish balanced authority over war between the political branches of government. In the post-Cold War era, forces frequently are deployed as part of multilateral UN. operations. This trend creates two contradictory needs: first, the need for the Executive to be able to act swiftly and decisively in formulating military commitments to the United Nations, and second, the need for Congress to authorize potentially long-term military deployments. To reconcile these …

Military Arms To Taiwan: Competing Agendas, Ibpp Editor

International Bulletin of Political Psychology

This article explores competing cognitions about the advisability of the United States Government (USG) selling advanced weapons to Taiwan.

United States Government Policies On Lesbians And Gays In The Military: Don't Ask, Don't Tell If Many Wrongs Make A Right, Ibpp Editor

International Bulletin of Political Psychology

This article describes problems with United States Government (USG) personnel policies on lesbians and gays in the uniformed services and assesses whether there are significant redeeming features of these problems.

The Classifieds And Classified Information: Lee And Deutch Redux, Ibpp Editor

International Bulletin of Political Psychology

This article describes positive and negative security implications of classifying information.

Back To Basics: Us Foreign Policy For The Coming Decade, James E. Goodby, Kenneth Weisbrode

The US Army War College Quarterly: Parameters

No abstract provided.

The Human Terrain Of Urban Operations, Ralph Peters

The US Army War College Quarterly: Parameters

No abstract provided.

Trends. Cognitive Complexity And The Russian Biological Warfare Threat, Ibpp Editor

International Bulletin of Political Psychology

This article discusses possible covert Russian biological warfare activities through Biopreparat, a Russian government-funded program alleged to have directed the Soviet biological warware program.

Soldiers For Justice: The Role Of The Tuskegee Airmen In The Desegregation Of The American Armed Forces, F. Michael Higginbotham

William & Mary Bill of Rights Journal

Often noted for their heroic prowess as pilots in World War II, the Tuskegee Airmen served just as nobly fighting racial segregation within the Army. Considered exemplary in its integration today, the armed forces were a testing ground for integration in the middle of the twentieth century. Black officers and enlisted men, putting themselves in harm's way for a segregated United States, rebuked the notion of separate but equal, thereby slowly paving the way for integration in the military, and eventually, the nation. In this Article, F. Michael Higgenbotham examines the history of segregation in the United States Armed Forces …

Trends. Problems With The National Ignition Facility: Implications For Leadership And Test Bans, Ibpp Editor

International Bulletin of Political Psychology

This article examines issues surrounding the National Ignition Facility (NIF), designed to allow scientists to study the properties of nuclear weapons without detonating them.

Trends. Chechnya As Projective Container, Ibpp Editor

International Bulletin of Political Psychology

This article discusses and evaluates the views of political observers of Russian activities in Chechnya.

Imbalances And Balance Theories: Israel, Taiwan, And The United States, Ibpp Editor

International Bulletin of Political Psychology

This article highlights the imbalance in simple balance theories addressing the attitudes of allies and adversaries.

Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law

Michigan Journal of International Law

Symposium transcript.

Prosecuting The "Fog Of War?, Christopher D. Booth

Vanderbilt Journal of Transnational Law

In the Fall of 1999, the Associated Press reported a story of an alleged massacre of Korean civilians, conducted by U.S. troops at the beginning of the Korean War in the hamlet of No Gun Ri. The story had an incendiary effect, both in the United States and abroad. The story of an incident from half-a-century ago caused many to reexamine the conduct of American forces in that war, the current security arrangements in East Asia, the U.S.-R.O.K. relationship, and the wisdom and ability of modem Americans to investigate, evaluate, and judge historical events from our current historical and cultural …

Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat

Michigan Journal of International Law

The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.

Word Games, War Games, Diane H. Mazur

Michigan Law Review

In 1993, the country's interest in the issue of military service by gay citizens escalated to a level that can only be described as a national obsession, and "obsession" is by no means too strong a term. The subject of gay servicemembers was debated within all three branches of government, all ranks of the military, and all walks of civilian life.1 The issue of military service by gay citizens became a line in the sand, a cultural standoff on issues as sensitive and disparate as sexuality, patriotism, civil rights, and civic obligation. Janet Halley2 returns to that time of obsession …

A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle

St. Mary's Law Journal

In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …

Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley

St. Mary's Law Journal

Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …

European Court Of Human Rights Overturns British Ban On Gays In Military, Richard Kamm

Human Rights Brief

No abstract provided.