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Articles 5191 - 5220 of 6315

Full-Text Articles in Military, War, and Peace

The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway Jan 1991

The Health And Welfare Of The Palestinians Under Israeli Occupation, Neal Atway

Journal of Law and Health

This note will attempt to give a brief background on how the West Bank and Gaza Strip became the "occupied territories", analyze the treatment of Palestinians under Israeli occupation, and interpret the international law that relates to those territories, specifically the Fourth Geneva Convention and the United Nations Resolutions which address the protection of the health and well-being of the Palestinians under Israeli occupation.

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Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron Jan 1991

Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron

Michigan Journal of International Law

This Note will give an analysis of the scholarship that has appeared in this field, as well as the actual practice of States, to determine if any fixed rules have been established in this area, and if so, what they are. It will do so by looking at the debates that have taken place concerning the application of the language and underlying principles of the U.N. Charter in order to see if these norms of State action prohibit economic diplomacy. The Note will then look to the actual practice of States to determine whether it provides adequate evidence of opinion …

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Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave Jan 1991

Toward Freer Trade And More Commerce Between The United States And Mexico., Barbara Bader Aldave

St. Mary's Law Journal

Abstract Forthcoming.

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Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price Jan 1991

Child Support For Adult Disabled Children: New Texas Legislation., Dan R. Price

St. Mary's Law Journal

In 1989, the Texas legislature modified the Texas Family Code by relaxing the criteria necessary to allow awards of support to adult disabled children. Texas has historically recognized, through both state and case law, that parents have both a moral and legal obligation to support minor unemancipated children, but only until the age of majority. An exception to the limitation of parental support only until the age of majority is the “disability exception.” Many jurisdictions recognize that when a minor child suffers from a disability and is incapable or unable to take care of themselves, parental support may extend past …

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Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales Jan 1991

Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotations., Richard A. Gonzales

St. Mary's Law Journal

This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.

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Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara Jan 1991

Oil In The Persian Gulf War: Legal Appraisal Of An Environmental Warfare., Margaret T. Okorodudu-Fubara

St. Mary's Law Journal

Oil, modern history’s most “powerful” natural economic resource stood at the epicenter of the Iraqi invasion of Kuwait and became the latest unconventional weapon of warfare. The objective of this Article is to assess the legal implications of this recent environmental warfare involving the “oil weapon,” the first of its kind in recorded history. The experiences from national and international wars demonstrate one sure victim of wars, even barring human losses, is the environment. The delicacy of mankind’s planetary ecosystem necessitates urgency addressed to protecting the environment in the international struggle for arms control and disarmament agreement. This Article indicates …

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A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary Jan 1991

A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary

St. Mary's Law Journal

In Mu'Min v. Virginia, the United States Supreme Court held a defendant has no right to ask jurors about the potential influence of prejudicial pretrial publicity. A defendant may ask only if the jurors can remain impartial. The Court mandates that overturning a trial court’s jury selection is allowable only if manifest error renders the trial fundamentally unfair. The Court did not find that the case involved sufficient public passion to necessitate a more extensive jury examination by the trial court to include inquiries involving the effect of pretrial publicity. The ruling in Mu'Min leaves too much discretion to the …

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Moving International Law From Theory To Practice: The Role Of Military Manuals In Effectuating The Law Of Armed Conflict, W. Michael Reisman, William K. Leitzau Jan 1991

Moving International Law From Theory To Practice: The Role Of Military Manuals In Effectuating The Law Of Armed Conflict, W. Michael Reisman, William K. Leitzau

International Law Studies

No abstract provided.

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The Law Of Submarine Warfare Today, Jon L. Jacobson Jan 1991

The Law Of Submarine Warfare Today, Jon L. Jacobson

International Law Studies

No abstract provided.

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Maritime War Zones & Exclusion Zones, L.F.E. Goldie Jan 1991

Maritime War Zones & Exclusion Zones, L.F.E. Goldie

International Law Studies

No abstract provided.

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Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven Jan 1991

Noncombatant Persons A Comment To Chapter 11 Of The Commander's Handbook On The Law Of Naval Operations, Frits Kalshoven

International Law Studies

No abstract provided.

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Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison Jan 1991

Naval Targeting: Lawful Objects Of Attack, Sally V. Mallison, W. Thomas Mallison

International Law Studies

No abstract provided.

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Index Jan 1991

Index

International Law Studies

No abstract provided.

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Appendix: Commander's Handbook On The Law Of Naval Operations Jan 1991

Appendix: Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

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Submarine Mines In International Law, Thomas A. Clingan Jr. Jan 1991

Submarine Mines In International Law, Thomas A. Clingan Jr.

International Law Studies

No abstract provided.

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Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson Jan 1991

Tdhs V. E.B., The Coup De Grace For Special Issues., John J. Sampson

St. Mary's Law Journal

Although the bench and bar have been recalcitrant in recognition, the Texas Supreme Court has declared the special interest experiment a failure. For nearly eighty years Texas has engaged in an experiment requiring juries answer specific, factually detailed inquiries in various circumstances. The theoretical justifications of special issue inquiries were to ease appeals processes and add clarity to jury decisions. Although the goals were meritorious, the actual result was jury confusion, inefficiency, complexity, and too many retrials. The Texas Supreme Court’s ruling in TDHS v. EB signals the end of special issues and mandates the use of broad form submissions. …

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An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill Jan 1991

An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill

St. Mary's Law Journal

The current jurisprudential regime accepts a blanket procedural default policy which denies the federal habeas court its proper constitutional role. An ideological coup d’etat is needed which reappraises the modern procedural default doctrine and supplants it with a rule in the spirit of Fay v. Noia. Such a revolution would emphasize the federal habeas court’s role as a defender of constitutional rights. In an era of multifarious litigation and sociological jurisprudence, a habeas prisoner should not lose his life because a negligent public defender failed to preserve the right in procedural formaldehyde. On April 23, 1982, a court convicted Roger …

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The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr. Jan 1991

The Scope Of The Eighth Amendment Does Not Include A Per Se Bar To The Use Of Victim Impact Evidence In The Sentencing Phase Of A Capital Trial., Jimmie O. Clements Jr.

St. Mary's Law Journal

In Payne v. Tennessee, the United States Supreme Court held the scope of the Eighth Amendment does not include a per se bar to the use of victim impact evidence in the sentencing phase of a capital trial. As a result of Payne, the realm of information admissible during the sentencing phase of a capital trial now includes victim impact evidence. The use of victim impact evidence improperly diverts the sentencer’s attention away from the defendant’s moral blameworthiness to the victim’s character and reputation. Although advocates of victim’s rights may see this decision as a victory, the reasoning of the …

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First-To-Invent: A Superior System For The United States., Ned L. Conley Jan 1991

First-To-Invent: A Superior System For The United States., Ned L. Conley

St. Mary's Law Journal

The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …

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Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne Jan 1991

Limitations On Medical Malpractice Damages Pursuant To The Medical Liability Act Are Constitutional In Wrongful Death Cases., Lynn B. Layne

St. Mary's Law Journal

Abstract Forthcoming.

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Forward And Preface - Volume 64 Jan 1991

Forward And Preface - Volume 64

International Law Studies

No abstract provided.

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Nuclear, Chemical, And Biological Weapons, Howard S. Levie Jan 1991

Nuclear, Chemical, And Biological Weapons, Howard S. Levie

International Law Studies

No abstract provided.

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Mexico's Maquiladora Program: Challenges And Prospects., Matilde K. Stephenson Jan 1991

Mexico's Maquiladora Program: Challenges And Prospects., Matilde K. Stephenson

St. Mary's Law Journal

A Maquila is usually a one-hundred percent foreign-owned assembly or manufacturing operation located in Mexico. They manufacture, process or assemble an array of products under Mexican law. Both the United States and Mexico receive a great deal of economic benefits from employing the maquiladora system, but it can also have some political and social consequences that make the system economically volatile. The viewpoints of both the U.S. and Mexican governments are considered, as well as the U.S. and Mexican industry, in evaluating the system’s overall effect on U.S.-Mexico relations. The general conclusion is that maquiladoras are extremely desirable for labor …

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Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez Jan 1991

Environmental Aspects Of Maquiladora Operations: A Note Of Caution For U.S. Parent Corporations., Daniel I. Basurto Gonzalez, Elaine Flud Gonzalez

St. Mary's Law Journal

Abstract Forthcoming.

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Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox Jan 1991

Recent Developments In Civil Rights Law (As Presented At The Common Cause 20th Anniversary Celebration At St. Mary's School Of Law On November 3, 1990) Address., Archibald Cox

St. Mary's Law Journal

Abstract Forthcoming.

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Journal Wars., Michael Vitiello Jan 1991

Journal Wars., Michael Vitiello

St. Mary's Law Journal

Abstract Forthcoming.

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Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford Jan 1991

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford

St. Mary's Law Journal

The revision of the Texas Workers’ Compensation Act will affect most Texas taxpayers and workers. The Act, entering into force January 1, 1991, significantly restructures the preexisting seventy-six-year-old system. Before the advent of workers’ compensation systems employees relied on the court and common-law causes of action as the sole means of recovery. In 1913, Texas enacted one of the first versions of workers’ compensation in the United States. The original act created a system to compensate workers for injuries sustained during employment without regard to fault. Initially the act was elective for employers and mandatory for employees but was later …

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Judge Jack B. Miller In Memoriams., L. Wayne Scott Jan 1991

Judge Jack B. Miller In Memoriams., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

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Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion Jan 1991

Television Advertising: Professionalism's Dilemma., Laura R. Champion, William M. Champion

St. Mary's Law Journal

Lawyers are concerned about tactics and antics of advertising attorneys because of possible harm to the reputation of the legal profession due to tasteless, crass ads circulated among the non-legal public. This controversial issue of what is good taste includes the question of how far ads can go before crossing the line of prohibited solicitation. Lawyers advertise through direct mail, television, radio, telephone yellow pages, billboards, newspapers, and magazines. This Article traces the background of legal advertising, focusing on the particular issue of television ads. Some courts purposefully avoid this aspect of legal communication with the public and leave many …

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Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling Jan 1991

Entering The Thicket - Mandamus Review Of Texas District Court Witness Disclosure Orders., David W. Holman, Byron C. Keeling

St. Mary's Law Journal

In the absence of statutory authorization of interlocutory appeal, the writ of mandamus usually is the sole convenient remedy for an egregious trial court decision prior to judgment. The increasing number of mandamus petitions which annually invade the Texas appellate courts reflects the importance of the writ of mandamus. While once described as the “extraordinary” remedy, it is not uncommon for proceedings in a trial court to cease while a party seeks mandamus review of a controversial discovery ruling. One type of discovery rule which has not escaped mandamus review is the admission or exclusion of the testimony of witnesses …

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