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St. Mary's University

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Articles 871 - 882 of 882

Full-Text Articles in Military, War, and Peace

Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter Jan 1982

Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter

Faculty Articles

This article examines the statutory and judicial developments that have apparently expanded military jurisdiction. Serving as the core for this discussion is the amendment to Article 2, UCMJ, and the Court of Military Appeals’ decision in United States v. Trottier, 9 M.J. 337 (C.M.A. 1980), dealing with subject matter jurisdiction of courts-martial over drug-related offenses by service members.


Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert Jan 1982

Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert

St. Mary's Law Journal

Abstract Forthcoming.


Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach Jan 1982

Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach

St. Mary's Law Journal

Abstract Forthcoming.


Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr. Jan 1982

Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock Jan 1982

Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock

St. Mary's Law Journal

Abstract Forthcoming.


Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert Jan 1982

Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert

St. Mary's Law Journal

Abstract Forthcoming.


Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr Jan 1982

Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.


Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry Jan 1982

Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry

St. Mary's Law Journal

Abstract Forthcoming.


The Court-Martial: A Historical Survey, David A. Schlueter Jan 1980

The Court-Martial: A Historical Survey, David A. Schlueter

Faculty Articles

In this article, Captain (P) Schlueter describes the development of the legal tribunal known as the court-martial. Beginning with the use of this form of trial in the armies of imperial Rome two thousand years ago, the author traces its evolution through the Middle Ages, to Britain from the Renaissance to the American Revolution. The focus then shifts to the United States, and the focus then shifts to the present day.


Personal Jurisdiction Under Article 2, Ucmj Whither Russo, Catlow, And Brown?, David A. Schlueter Jan 1979

Personal Jurisdiction Under Article 2, Ucmj Whither Russo, Catlow, And Brown?, David A. Schlueter

Faculty Articles

The question of personal jurisdiction for military courts in cases of invalid enlistment creates several legal issues. Invalid enlistment cases exist in a legal gray area due to the uncertainty of whether the cases should be tried by civilian or military courts. The age and competence of the enlistee are material to determining jurisdiction. The conduct of the recruiter directly affects whether the enlistee was competent. Congress amended Article 2 of the Uniform Code of Military Justice in order to address these problems. The amendment resolves many of the lingering jurisdictional issues created by Russo and Brown, but fails to …


The Enlistment Contract: A Uniform Approach, David A. Schlueter Jan 1977

The Enlistment Contract: A Uniform Approach, David A. Schlueter

Faculty Articles

The author explores the history of various jurisdictional and administrative issues that arise under consideration of a service member’s enlistment contract. He proposes a change to the Uniform Code of Military Justice to codify the constructive enlistment doctrine for establishing personal court-martial jurisdiction over service members whose enlistment contracts and entry onto active duty were facilitated by recruiter misconduct. The proposal later became part of amendment to Art. 2, U.C.M.J..


Remanding An In-Service Conscientious Objector Case To The Military: Use Or Abuse Of The Power To Remand., Jerry G. Duterroil Dec 1971

Remanding An In-Service Conscientious Objector Case To The Military: Use Or Abuse Of The Power To Remand., Jerry G. Duterroil

St. Mary's Law Journal

Abstract Forthcoming.