Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
If War Is Everywhere, Then Must The Law Be Nowhere?, Alexander K.A. Greenawalt
If War Is Everywhere, Then Must The Law Be Nowhere?, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
This response focuses on one of the most difficult questions posed by Rosa Brooks's How Everything Became War and the Military Became Everything: How should the erosion of the war / peace dichotomy impact the justifications for the use of lethal force by the United States government and what, if any, role is there for law in this context? While Brooks is unambiguously critical of Bush administration legal policies that asserted expansive executive war powers, she is less certain about the Obama administration's own reliance on the war paradigm to justify its targeted killing policies. While describing these policies as …
Pass In Review: Due Process And Judicial Scrutiny Of Classification Decisions Of The Selective Service System, Donald L. Doernberg
Pass In Review: Due Process And Judicial Scrutiny Of Classification Decisions Of The Selective Service System, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The Article suggests a better basis for retaining the requirement that the Selective Service System state reasons for its denial of a registrant's deferment request than the two reasons most often stated: facilitation of administrative decisions and of judicial review. The Selective Service System determines whether a person shall be required involuntarily to serve two years in the military, possibly at the risk of life and limb. Certainly those deprivations are as real and as severe as any to which the due process clause is addressed. The Article concludes that due process, not administrative or judicial convenience, should be held …
Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein
Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This Comment will explore the salient issues raised by Laird v. Tatum and will attempt to answer the following questions: Did the Supreme Court err in denying the political activists an opportunity to present witnesses at a District Court hearing and in deciding the issues on the original papers and appellate brief? Was the Military Intelligence (hereinafter MI) program complained of an impermissible abridgment of First Amendment rights? Did Justice Rehnquist behave improperly by participating in the Laird v. Tatum decision? Last, to what extent has the Supreme Court's decision in this case affected future adjudication of First Amendment class …