Law Commons^™

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley

Our First Televised Genocide, Kenneth Lasson

All Faculty Scholarship

It is absolutely appalling that we have come so casually to observe the carnage, so passively to view the starvation over breakfast papers or dinnertime newscasts, so helplessly to watch these totally bereft human beings trudging barefoot over treacherous terrain toward the middle of nowhere.

There are other questions as well, of course, not as easily answered. Where are all their voices now, those demonstrators who so vociferously opposed war, ostensibly out of an overweening reverence for life? Is the latter-day holocaust being systematically perpetrated in northern Iraq any less horrifying than a direct hit on a camouflaged bomb shelter …

Managed News, Stifled Views: Free Expression As A Casualty Of The Persian Gulf War, Gara Lamarche

NYLS Journal of Human Rights

No abstract provided.

The Strategic Defense Initiative And The Militarization Of Space: Scientific Responsibility And Citizen Resistance, Matthew Lippman

Penn State International Law Review

The moderating of international tensions between the superpowers, the slowing of the nuclear arms race and the promise of a peace dividend have all contributed to a lessened popular concern over issues of national defense.1 The diversion of attention from war and peace has resulted in little scholarly attention being paid to the ominous potential growth in third-generation high-technology weapons.

After The Gulf War: Prosecuting Iraqi Crimes Under The Rule Of Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

In this Article, Professor Beres proposes that Iraqi crimes committed during the Gulf War should be prosecuted under international law. He suggests that the United States should take the lead in this prosecution, utilizing a Nuremberg-style trial.

The Article first discusses history of the antigenocide regime in the international arena. The criminalization of genocide has been built upon the norms of international custom, natural law principles, and generally-accepted principles of law recognized by civilized nations. Moreover, evidence of this regime may be found in the Genocide Convention, the United Nations Charter, and other treaties and conventions.

Professor Beres next examines …

Short V. The Kingdom Of The Netherlands: Is It Time To Renegotiate The Nato Status Of Forces Agreement?, Steven J. Lepper

Vanderbilt Journal of Transnational Law

Major Lepper examines an apparent irreconcilability between the NATO Status of Forces Agreement (SOFA) and the European Convention on Human Rights (ECHR) as reflected in the recent Dutch High Court decision of Short v. The Kingdom of the Netherlands. Staff Sergeant Short, a member of the United States Air Force, was charged with the murder of his wife. Under the SOFA, the Netherlands was obligated to surrender Short to the United States. It refused, basing its actions on its adherence to the ECHR and its concerns about the possible implementation of the death penalty in the United States.

The ECHR …

An Equal Right To Fight: An Analysis Of The Constitutionality Of Laws And Polices That Exclude Women From Combat In The United States Military, Kathy L. Snyder

West Virginia Law Review

No abstract provided.

Moving International Law From Theory To Practice: The Role Of Military Manuals In Effectuating The Law Of Armed Conflict, W. Michael Reisman, William K. Leitzau

International Law Studies

No abstract provided.

The Law Of Submarine Warfare Today, Jon L. Jacobson

International Law Studies

No abstract provided.

Nuclear, Chemical, And Biological Weapons, Howard S. Levie

International Law Studies

No abstract provided.

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

Index

International Law Studies

No abstract provided.

Saddam Hussein: Master Air Strategist, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Be All You Can Be (Without The Protection Of The Constitution), Keith M. Harrison

Law Faculty Scholarship

[Excerpt] “Despite the generous inclusion by President Reagan of the many soldiers, sailors, airmen, and marines in the concept of "the people" of this republic, it is not altogether dear whether one whose status has changed from ordinary "citizen" to "a member of the armed forces" can legitimately claim any of the constitutional protections of citizenship until he or she is no longer a member of the armed forces. In the course of this nation's history the Supreme Court has denied some or all of the protection of the Constitution to many groups of people, including African-Americans, 2 women,3 Native …

Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison

International Law Studies

No abstract provided.

Maritime War Zones & Exclusion Zones, L.F.E. Goldie

International Law Studies

No abstract provided.

Military Justice For The 1990’S: A Legal System Looking For Respect, David A. Schlueter

Faculty Articles

Noting that the American military justice system is often the subject of criticism and derision, the author explores the criticisms often leveled at the military justice system and targets a number of areas where the system seems most vulnerable, such as size and composition of the courts-martial, the role of the commander in the system and offers suggestions for reform.

Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne

St. Mary's Law Journal

Abstract Forthcoming.

Binding Arbitration: A Preferred Alternative For Resolving Commercial Disputes Between Mexican And U.S. Businessmen., Hope H. Camp Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Texas Fetal Rights: Is There A Future For The Rights Of Future Texans., S. Jeffrey Gately

St. Mary's Law Journal

In Texas, contrary interpretations, whether a fetus is a person or non-person, create unpredictable and irreconcilable outcomes. The author contrasts the differences found in Texas law regarding the rights of unborn children in the areas of property, family, criminal, and tort law. At conception, a fetus enjoys property rights. However, under the auspices of family law, a mother may not collect child support until birth but may seek contribution for prenatal care prior to birth. Criminal protection of a fetus is unavailable in Texas unless the fetus is born alive. If criminal activity results in still birth or fetal destruction, …

Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven

International Law Studies

No abstract provided.

Burning Of The Kuwaiti Oilfields And The Laws Of War, Rex J. Zedalis

Vanderbilt Journal of Transnational Law

In this Article, the author addresses the question of whether Iraq's destruction of Kuwaiti oil fields constitutes a violation of the laws of war, particularly with respect to article 53 of the Fourth Geneva Convention, known as the Civilians Convention. After an introductory section evaluating the amount and nature of destruction suffered by the Kuwaiti oil industry, the author discusses whether article 53 covers destruction of state-owned oil fields. Although the specific language of the article appears to favor coverage, the history behind article 53 suggests that it protects property of a sort different than the state-owned property destroyed by …

Forward And Preface - Volume 64

International Law Studies

No abstract provided.

Submarine Mines In International Law, Thomas A. Clingan Jr.

International Law Studies

No abstract provided.

The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway

Journal of Law and Health

This note will attempt to give a brief background on how the West Bank and Gaza Strip became the "occupied territories", analyze the treatment of Palestinians under Israeli occupation, and interpret the international law that relates to those territories, specifically the Fourth Geneva Convention and the United Nations Resolutions which address the protection of the health and well-being of the Palestinians under Israeli occupation.

Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson

St. Mary's Law Journal

Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …

Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling

St. Mary's Law Journal

In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …

Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson

St. Mary's Law Journal

In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …

Preserving Error On Appeal In Texas Civil Cases: A Practical Guide For Civil Appeals In Texas Article Foreword., John Cornyn Iii

St. Mary's Law Journal

Abstract Forthcoming.

An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill

St. Mary's Law Journal

The current jurisprudential regime accepts a blanket procedural default policy which denies the federal habeas court its proper constitutional role. An ideological coup d’etat is needed which reappraises the modern procedural default doctrine and supplants it with a rule in the spirit of Fay v. Noia. Such a revolution would emphasize the federal habeas court’s role as a defender of constitutional rights. In an era of multifarious litigation and sociological jurisprudence, a habeas prisoner should not lose his life because a negligent public defender failed to preserve the right in procedural formaldehyde. On April 23, 1982, a court convicted Roger …