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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
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
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
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.
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
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
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
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
St. Mary's Law Journal
Abstract Forthcoming.
The Court-Martial: A Historical Survey, David A. Schlueter
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
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
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
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.