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Full-Text Articles in Law

The Constitution And National Security, Erwin Chemerinsky Jun 2017

The Constitution And National Security, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Constitution And National Security, Erwin Chemerinsky Feb 2013

The Constitution And National Security, Erwin Chemerinsky

Touro Law Review

No abstract provided.


All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt Jan 1971

All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt

Faculty Scholarship

The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …