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Full-Text Articles in Legal Remedies

The Militia: A Definition And Litmus Test, Marcus Armstrong Apr 2021

The Militia: A Definition And Litmus Test, Marcus Armstrong

St. Mary's Law Journal

The United States Supreme Court, in its decision in Perpich v. Department of Defense, ruled that members of the National Guard are “troops” as that word is used in the Constitution. In doing so, the Court negated a long-standing, but obsolete, definition of the militia. However, this move away from an obsolete definition of the militia posed considerable difficulties that the Court was unable to rectify in its Perpich decision. In this Article, the author hopes to help rectify these difficulties by proposing four necessary characteristics that define the militia: first, the militia is a military force; second, the …


The Right Stuff In Geospace: Using Mutual Coercion To Avoid An Inevitable Prison For Humanity, Sarah Louise Vollmer Jun 2020

The Right Stuff In Geospace: Using Mutual Coercion To Avoid An Inevitable Prison For Humanity, Sarah Louise Vollmer

St. Mary's Law Journal

Even though you cannot see it, catastrophe is brewing in near-Earth orbit. As a product of the Cold War, the legal regime governing geospace and beyond has presented mankind with a paradox. Though we are free to utilize space through peaceful means, the inability to appropriate space by any sovereign claim of right has triggered a modern-day tragedy of the commons, with the only restriction being the constraints of radio frequency interference. The destructive domino effect of space debris collisions threatens the invaluable communicative and scientific utility derived from satellites in geospace. International and domestic space jurisprudence encourage space debris …


The Army’S G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott Jun 2020

The Army’S G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott

St. Mary's Law Journal

Abstract forthcoming.


Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii Jan 2020

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming


Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy Oct 2019

Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy

St. Mary's Law Journal

Abstract forthcoming


Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq. Jun 2018

Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.

St. Mary's Law Journal

Abstract forthcoming


What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho Jan 2017

What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho

St. Mary's Law Journal

Abstract forthcoming.


Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter Jan 2017

Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter

St. Mary's Law Journal

The Uniform Code of Military Justice (UCMJ), 10 USC §§ 801-946, is the statutory template for the United States' military justice system. The UCMJ addresses topics such as court-martial jurisdiction, and pretrial, trial, and appellate procedures. It also includes punitive articles which proscribe, not only common law offenses, but also offenses unique to the military. Congress made significant changes to the UCMJ in the Military Justice Act of 2016. The legislation not only amended a significant number of existing articles, but also added many new articles. In addition, Congress completely reorganized the punitive articles. In this article, Professor Schlueter addresses …