Military, War, and Peace Commons^™

The Persian Gulf War Cease-Fire Agreement Compared With The Japanese Peace Treaty In Terms Of Reparations And Reconstruction, Adam Andrew Levy

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Gulf War: A Practitioner's View, W. Hays Parks

Penn State International Law Review (1982 - 2011)

No abstract provided.

Prosecuting Iraqi Crimes: Fulfilling The Expectations Of International Law After The Gulf War, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Changing Role Of The United Nations: Halting Nuclear Proliferation In Iraq, Michele E. Martin

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Analysis Of European Political Cooperation During The Persian Gulf Crisis, Donna G. Starr

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …

Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones

Brigham Young University Journal of Public Law

No abstract provided.

The Beat Goes On: District Court Upholds Virginia Military Institute's All-Male Admissions Policy In United States V. Virginia, Phillip Comer Griffeth

Mercer Law Review

In United States v. Virginia, the United States District Court for the Western District of Virginia held that Virginia Military Institute ("VMI"), a state-supported college, can exclude women under its 152- year-old admissions policy without violating the Equal Protection Clause of the Fourteenth Amendment. The court based its decision on the United States Supreme Court's holding in Mississippi University for Women v. Hogan. Applying the Hogan test, the district court held that VMI's discrimination serves an important state educational objective by enhancing the diversity of Virginia's overall education system and that the exclusive admissions policy is substantially related …

The Decline And Fall Of The War Powers Resolution: Waging War Under The Constitution After Desert Storm, John W. Rolph

Mercer Law Review

On August 2, 1990, Iraqi armed forces stormed across their borders and invaded the neighboring country of Kuwait. Almost immediately thereafter, President Bush drew a "line in the sand" against further Iraqi aggression by deploying approximately 230,000 American armed combat troops to the desert of Saudi Arabia as a deterrent shield. In so doing, the President rekindled a long standing controversy with Congress concerning the proper exercise of war powers under the Constitution and how those powers should be distributed between the executive and legislative branches. The President's "line in the sand" sparked unprecedented reevaluation of the much maligned War …

Crisis Of The Soldiers' And Sailors' Civil Relief Act: A Call For The Ghost Of Major (Professor) John Wigmore, Amy J. Mcdonough, Gregory M. Huckabee, Christopher C. Gentile

Mercer Law Review

Iraq's invasion of Kuwait on August 2, 1990 set in motion a chain of events that would change the world community. In the United States, this unprovoked aggression resulted in the activation of hundreds of thousands of military reserves and National Guard personnel in response to the Iraqi's "naked aggression." As the reservists prepared to enter active military service, a fifty year old law, enacted to protect servicemembers and those making the transition between civilian and military life, rose from obscurity like a phoenix. Surprise and voluminous inquiry erupted, as a new generation of servicemembers and businessmen were introduced to …

Conscientious Objection In An All-Volunteer Military: An Impermissible Accommodation Of Religious Freedom?, Mary P. Sullivan

Mercer Law Review

The War and National Defense Selective Service Act and its accompanying regulations are the focus of a renewed debate concerning the validity of allowing active-duty service personnel to separate from the services on the grounds of conscientious objection to war. In the past, constitutional analysis of conscientious objection challenges focused on the Free Exercise Clause of the First Amendment. The underlying premise of this analysis was that the government lacked authority to compel a citizen to -act against his conscience by compelling military service. Central to the "analysis was the ability of the government to compel a citizen to "provide …

International Crisis And Neutrality: United States Foreign Policy Toward The Iran-Iraq War, Francis A. Boyle

Mercer Law Review

This Article was written in 1986 and submitted to the University of New Orleans Symposium on Neutrality. The Article reflects the author's analysis regarding the United States military intervensionism into the Middle East with a special focus on the Persian Gulf region. The author analyzes the United States' policies to divide-and-conquer the Arab oil fields that orginated as early as in the 1973 Arab oil boycott of Europe. The body of the Article traces the historical developments leading into the Reagan Administration's own foreign policies toward the Iran-Iraq War. Following the body of the Article, the author then. continues an …

The Case Against Saddam Hussein--The Case For World Order, Andrew M. Warner

Mercer Law Review

The following Article is an excerpt from a paper written in the Fall of 1990. The author submitted the paper in December 1990 as partial fulfillment of the requirements of the Master of Laws program at the University of Virginia. The opinions and conclusions expressed are those of the individual author and do not necessarily represent the United States Army or other governmental agency.

The United Nations' Charter gives the Security Council enforcement authority for breaches of world peace. To be meaningful, rights must have remedies, and the Security Council should now pursue remedies to enforce the rights provided in …

Assassination And The Law Of Armed Conflict, Patricia Zengel

Mercer Law Review

The availability of assassination of foreign leaders as a means of achieving United States foreign policy objectives is an issue that has proven in recent years to be a recurring one. However, it does not arise in isolation; instead it is almost always part of a larger political controversy over United States foreign policy objectives and whether force of any kind should be used to pursue them. Certainly this was true with regard to the controversies that surrounded United States policy, including alleged involvement in assassination plots toward Cuba, Vietnam, the Congo, and the Dominican Republic in the 1960s, and …

Germany Reunified: International And Constitutional Problems, Helmut Steinberger

BYU Law Review

No abstract provided.

Of Heterosexism, National Security, And Federal Preemption: Addressing The Legal Obstacles To A Free Debate About Military Recruitment At Our Nation's Law Schools, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

It is possible that within the next few years at least one federal circuit court will find constitutional protection for sexual orientation under the equal protection clause of the Fourteenth Amendment. It is also now assured, due to the election of Bill Clinton to the position of U.S. President, that there will be a substantial governmental review of military policies concerning gays and lesbians, possibly resulting in a decision to modify or even rescind them. Until some definitive action is taken at the federal level, however, gays and lesbians will have to rely increasingly on sympathetic state and local policymakers …

Recent Changes In The Soviet Union, 25 J. Marshall L. Rev. 295 (1992), Jack Matlock

UIC Law Review

No abstract provided.

Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.

Michigan Journal of International Law

This article's two-pronged analysis has three distinct parts. Part I lays out the controversy of Article 51 interpretation as applied to the recent Gulf Crisis. Part II examines the legal guidance for interpreting the U.N. Charter, the Charter's travaux preparatoires, and specifically the work of the committees and subcommittees responsible for drafting and amending articles that fully incorporate the right of self-defense into the Charter. This Part develops conclusions on Article 51 that may be applied to the context of the recent Gulf Crisis. This Part also contrasts the Article 51 right of collective self-defense with the right of …

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …

Codification Of The “Special Forces Exception”, Jeffrey F. Addicott

Faculty Articles

For the past eight years, Army Special Forces units have conducted training and operations with friendly foreign forces outside the United States. The Army has obtained funding for these operations under what has been termed the “Special Forces exception” to a 1986 General Accounting Office (GAO) opinion regarding permissible funds appropriations for foreign exercises.

With the passage of the National Defense Authorization Act for Fiscal Years 1992–1993, Congress has finally codified the Special Forces exception. Subject to a guiding principle regarding the purpose of operations, the commander of Special Operations Command and select others may draw on the Department of …

Conscientious Objection: Will The United States Accommodate Those Who Reject Violence As A Means Of Dispute Resolution?, 23 Seton Hall L. Rev. 121 (1992), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

Planning For Free Trade: Taking Advantage Of The Transition., John M. Vernon, Enrique A. Gonzalez Calvillo

St. Mary's Law Journal

After two decades of restrictive policies regarding foreign involvement, Mexico is transforming its legal and regulatory structure. The progression of foreign investment, technology transfer, and industrial property laws and regulations is revealing. The significance of the overhaul of the industrial property and technology transfer framework in Mexico is evident considering the historical context in which it developed. With these reforms in place, Mexico significantly improved the conditions for placing U.S. franchises across the border. Mexico decreased tariff rates, eliminated import licenses for numerous products, and divested over half of the businesses previously owned or operated by the state. It also …

Maquiladoras: Will The Program Continue., Cheryl Schechter, David Brill Jr.

St. Mary's Law Journal

This Article will discuss the industry and relevant aspects of the legal framework which evolved into the modern maquiladora operation. It will also analyze the possible impact of the ongoing North American Free Trade Agreement (NAFTA) negotiations on the Mexican maquiladora industry. In the late seventies and early eighties, Mexico plunged into an economic crisis brought on in part by its almost exclusive dependence on oil exports. The extreme drop in the international oil market forced the country to restructure its economy with a greater emphasis on manufacturing for export. Mexico’s maquiladora program played a key role in this aspect …

Transborder - Road Transportation., H.N. Cunningham Iii

St. Mary's Law Journal

This Article is intended to serve as a primer for attorneys representing clients engaged in shipping, receiving, and transporting merchandise between points in the United States of Mexico (Mexico) and the United States of America. A “crazy quilt” of laws and regulations govern the rights, duties, and obligations of persons engaged in these activities. These laws include not only the constitutions and statutes of two independent nations, but also the laws and regulations of their various political subdivisions as well. Due to the breadth of this material, this Article’s treatment of the subject is general, providing an overview of the …

Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon

St. Mary's Law Journal

Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …

Admissibility Of A Rape Victim's Prior Sexual Conduct In Texas: A Contemporary Review And Analysis., James A. Vaught, Margaret Henning

St. Mary's Law Journal

The treatment of rape victims in criminal prosecutions has become and remains a matter of intense public and legal interest in America. The conventional use of evidence of a rape complainant's prior sexual history in rape prosecutions was a major focus of the rape reform movement. A major consequence of the movement for reform is the federal government and forty-nine states enacting rape shield laws limiting the admissibility of evidence concerning the complainant’s sexual history in rape prosecution. This article analyzes the admissibility of evidence of a rape complainant’s prior sexual conduct from its common law origins concentrating on the …

An Empirical Study Of Kent Style Juvenile Transfers To Criminal Court., Robert O. Dawson

St. Mary's Law Journal

Kent v. United States was the first in a series of majority decisions by the United States Supreme Court which fixed constitutional minimum requirements for the juvenile justice system. This decision follows case law establishing the adjudication phase of the process: a right to notice of charges, to confrontation and cross-examination of witnesses, not to be compelled to incriminate oneself, and to counsel. Shortly afterwards, the Court established the constitutional requirement the government must prove its charges in juvenile court beyond a reasonable doubt. Finally, the Court determined the Double Jeopardy Clause of the Constitution applies in the juvenile process. …

Legal Malpractice Committed While Working On Cases Which Result In Litigation Tolls The Statute Of Limitations For The Malpractice Claim Until All Appeals For The Underlying Causes Of Action Are Exhausted., Dina Bernstein

St. Mary's Law Journal

Abstract Forthcoming.

Reasonable Double Definitional Instruction Results In Abolishing Exclusion Of Outstanding Reasonable Hypothesis As Standard Of Review In Circumstantial Evidence Cases., John J. Lapham

St. Mary's Law Journal

Abstract Forthcoming.