Law Commons^™

The Federal Government’S Ability To Respond To A Major Terrorist Attack: Issues, Concerns And Inadequacies In The Disaster Law Construct, M. Jonathan Gil

Michael J Gil

The cunning and zeal of the world’s terrorist organizations require that this country prepare itself for large-scale disaster relief operations. As it stands, the Stafford Act, as well as federal and local government policies are lacking. The federal government has floundered in past situations, and Americans have died as a result. In order to remedy these shortcomings, the government should take two different stances: hands on, and hands off. The hands-on approach is designed to address the shortfalls of past disaster response and the current system, while the hands-off approach is designed to allow the entire relief operation to operate …

The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki

Nadia N. Sawicki

Two hundred years ago, Thomas Jefferson asserted that no law “ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority." Since then, freedom of conscience has continued to be heralded as a fundamental principle of American society. Indeed, many current policy debates – most notably in the medical and military contexts – are predicated on the theory that claims of conscience are worthy of legal respect. This Article challenges established assumptions, concluding that claims about the importance of conscience in American society have been highly exaggerated.

This Article first …

The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla W. Jackson

Darla W. Jackson

Much attention has been paid to the perceived unfairness of the US court-martial system and the need for its reform. Some scholarly works addressing the need for improvement have cited changes in the British court-martial as examples of successful reform. The transformation of the British system was, in part, brought about by the findings of the European Commission and European Court of Human Rights in Findlay v. United Kingdom that the United Kingdom system violated the fair trial guaranteed contained in the European Convention of Human Rights and Fundamental Freedoms. However, few have considered the possibility that the US system …

Servicemember's Legal Guide: Everything You And Your Family Need To Know About The Law (With J. Tomes & A. Flexer), Michael Spak

Michael Spak

No abstract provided.

Don't Ask (And) Don't Tell Don't Work: Now What?, Michael Spak

Michael Spak

No abstract provided.

Sexual Harassment In The Military: Time For A Change Of Forum? (With J. Tomes), Michael Spak

Michael Spak

No abstract provided.

Objectors Without Recourse: The Rights Of Conscience And Military Draft Registration In 1983, Michael Spak

Michael Spak

No abstract provided.

Cases And Materials On Military Law (1971 & Supp. 1981). , Michael Spak

Michael Spak

No abstract provided.