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Targeting Enemy Merchant Shipping: An Overview Of Law And Practice, L.F.E. Goldie

International Law Studies

No abstract provided.

Jonathan Pollard: A More Genuine Notion Of Justice, Kenneth Lasson

All Faculty Scholarship

Perhaps the president, visibly moved by the film, would sympathize with the moral impulse that drove [Jonathan Pollard] to give vital defense information to Israel. Perhaps he'd likewise equate Nazi Germany with demonic Iraq. Perhaps Mr. [Clinton], currently compiling his own list of presidential pardons, would see to it that the horrendous life sentence handed Pollard in 1985 be commuted to time served.

Particularly galling, though, are the potshots from two former Justice Department prosecutors - the politically ambitious Joseph DiGenova and his former assistant David Geneson - who effectively bargained Pollard out of a trial by promising not to …

Care For Those Who Wore The Uniform, Kenneth Lasson

All Faculty Scholarship

Considerations were granted to American war veterans as far back as 1636, when the pilgrims, in the midst of an Indian insurrection, devised a special law providing rights and assistance to those who fought. Various of the early American colonies passed similar laws for disabled veterans, and by the time of the Revolution the benefits concept had been firmly established.

Said Calvin Coolidge in 1920: "The nation which forgets its defenders will itself be forgotten." But such platitudes did little to solve the fragmented administration of veterans' affairs, which inevitably was overwhelmed by the sheer volume of cases. Thus was …

Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis

Articles

No abstract provided.

International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp

Washington International Law Journal

A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …

The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West

Political Science Faculty Publications

One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise …

Vietnam: A Twenty Year Retrospective, Matthew Lippman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Tort Claims In Counterinsurgency Operations: The British Experience In Ireland, 1919–21, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi

UIC Law Review

No abstract provided.

Interest, Principle, And Beyond: American Understandings Of Conflict, Don Herzog

Book Chapters

To understand U.S. foreign policy, we need to understand the concepts and categories that Americans bring to bear. After all, we see the world through our concepts and categories. They identify what's possible, what's desirable, indeed what's visible in the first place. There is simply no possibility of junking all our concepts, stepping outside them, and gaining an unmediated grasp of the world. Here, I offer a sketch of American understandings of conflict. Understandings, not understanding: even in the realm of foreign policy, Americans have long brought intriguingly different categories to bear, categories whose richness isn't captured by some standard …

The Legal Dilemma Of Groundwater Under The Integrated Environmental Plan For The Mexican-United States Border Area., M. Diane Barber

St. Mary's Law Journal

This paper will explore the dilemma of implementing an appropriate legal format to best guide proposals for resolution of groundwater contamination. It will review groundwater under the Integrated Environmental Plan for the Mexico-United States Border Area (the Plan) and examine groundwater law in Mexico and in the four border states from a historical perspective. It will consider existing agreements between the two countries and propose adoption of the Bellagio Draft Treaty as the only legally viable means of achieving long-term remedial groundwater solutions. This paper, however, will also note isolated situations may be effectively addressed by the IBWC Minute, pending …

Amendments To The General Law Of Business Associations., Raul S. Moreyra

St. Mary's Law Journal

Abstract Forthcoming.

A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley

St. Mary's Law Journal

This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …

Comments On Howard S. Levie's Paper: Submarine Warfare: With Emphasis On The 1936 London Protocol, A.V. Lowe

International Law Studies

No abstract provided.

State Practice Following World War Ii, 1945-1990, George K. Walker

International Law Studies

No abstract provided.

Comments On James Service's Paper: Targeting Realities: Platforms, Weapons Systems And Capabilities, J. H. Doyle Jr.

International Law Studies

No abstract provided.

Index - Volume 65

International Law Studies

No abstract provided.

Another "Solemn Public Lie", Frederick Bernays Wiener

University of Richmond Law Review

When Roger Williams, the founder of Rhode Island, and the founder of religious toleration in what was to become the United States of America, examined the charter that King James I had given the Governor and Company of the Massachusetts Bay in New England, he found in that document two significant misstatements. Williams first pointed out the falsity of the recital wherein the King "blessed God that he was the first Christian Prince that had discovered this land."' He then denounced the royal land grant to the Massachusetts Bay Company, because that land belonged, not to the King, but to …

Illiberal Tolerance: An Essay On The Fall Of Yugoslavia And The Rise Of Multiculturalism In The United States, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

Introduction. Journalistic and scholarly accounts of the breakup of Yugoslavia contain, taken together, a curious contradiction. On the one hand, it is said, Yugoslavia was never anything more than a "bad dream,"' a flawed attempt to unify "from above" peoples who have historically hated one another. The immediate causes of the conflict are therefore simply centuries-old ethnic hatreds. The veneer of Yugoslav federal unity was nothing more than a myth, a cosmetic surface stripped away in a trifling by deeper and darker enmities. There are old scores to settle whether dating from the Second World War or from the fourteenth …

Jag Corps Poised For New Defense Missions: Human Rights Training In Peru, Jeffrey F. Addicott

Faculty Articles

The National Command Authority has cited the dissolution of the Soviet Union as cause for the United States Military to expand its role. In addition to its traditional role of fighting wars, the military will take on new nontraditional roles promoting human rights and the rule of law throughout the world. These new military missions will include peacekeeping operations, humanitarian interventions, disaster relief missions, counter-drug activities, and nation-building activities.

As part of this initiative, the United States Judge Advocate General’s Corps (JAGC) provides legal assistance to the militaries of several emerging and struggling democracies. A number of foreign armies and …

Comments On Sally V. And W. Thomas Mallison's Paper: The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, M. W. Janis

International Law Studies

No abstract provided.

The Naval Practices Of Belligerents In World War Ii: Legal Criteria And Developments, Sally V. Mallison, Thomas W. Mallison

International Law Studies

No abstract provided.

Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Expert Witness Fees In Federal Diversity Cases., Wade P. Webster

St. Mary's Law Journal

Even with the increasing complexity of litigation and the increased utilization of expert witnesses to provide expensive evidence on narrow scientific and technical issues, Congress still limits compensation of expert witnesses to only forty dollars per day, the same rate as ordinary fact witnesses. The justification for the low rate is that the witness fee statute was not intended by Congress to compensate witnesses fully for their lost time and income. Presumably this same reasoning also applies to expert witnesses. The problem with this reasoning, unlike law witnesses who may be compelled by subpoena, individual litigants must pay the fees …

Comments On The Law On Property In The Russian Soviet Federated Socialist Republic., Larisa Krasavchikova

St. Mary's Law Journal

Abstract Forthcoming.

The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam

Articles

No abstract provided.

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …

The Brain Gets Sick, Too - The Case For Equal Insurance Coverage For Serious Mental Illness., Brian D. Shannon

St. Mary's Law Journal

Recent brain research has revealed that the major mental illnesses are organic diseases of the brain. Like other organs of the body, the brain can become ill. Dr. E. Fuller Torrey, a psychiatrist whose sister suffers from schizophrenia, has commented that "[t]he evidence that serious mental illnesses are diseases is now overwhelming..." Notwithstanding recent medical findings regarding the organic underpinnings of mental illnesses, private insurers generally do not provide health insurance coverage for the treatment of these brain diseases at the same coverage levels as for other physical illnesses. In fact, "[m]ost private insurers require larger co-payments and set lower …

Framing A Texas Bill Of Rights Argument., James C. Harrington

St. Mary's Law Journal

As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …

Private Property And Russia's Leap Of Faith., Douglas R. Haddock

St. Mary's Law Journal

Popular notions of property are enshrined in constitutional protections which seem to make quite clear society’s emphasis on the individual’s preeminence in matters of property. Americans have never been able to accept the “socialist ownership” notions of the Soviet Union and other socialist countries as a viable scheme of property. It is probably irrefutable that the application of socialist ownership principles in the Soviet Union has been less efficient than the American model of private ownership. Yet, it is reactionary to entirely condemn the idea of socialist ownership and conclude the downfall of the Soviet Union proved the “rightness” of …