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Articles 61 - 62 of 62
Full-Text Articles in Military, War, and Peace
The Defense Of Superior Orders, Aubrey M. Daniel Iii
The Defense Of Superior Orders, Aubrey M. Daniel Iii
University of Richmond Law Review
The court-martial and premeditated murder conviction of First Lieutenant William L. Calley, Jr., for his participation in the My Lai Massacre on March 16, 1968, was one of the most controversial criminal trials, either military or civilian, in the history of this nation. Although the trial brought to the surface many troubling aspects of this country's conduct of the Vietnam War, the primary focus of the controversy centered on the question of whether an American soldier should be held criminally accountable for his participation in the mass execution of unarmed and unresisting men, women, children and babies taken captive by …
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
University of Richmond Law Review
The Cambodian incursion of April, 1970, brought forth renewed observations from constitutional scholars, eminent and amateur, that the war-making power of Congress had been eroded and the checks and balances system for the initiation and conduct of hostilities by American troops, as contemplated by the Founding Fathers, rendered almost inoperative. Debates on the National Commitments Resolution and the Cooper-Church Amendments, as well as events following adoption of these measures, appear to sustain such conclusions. How has this happened? What, if anything, can be done to restore some balance in this crucial area of public policy? Should there be an effort …