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Articles 5431 - 5460 of 6314

Full-Text Articles in Military, War, and Peace

Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch Jan 1987

Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch

Faculty Scholarship

Professor Firmage's reaffirmation of the Framers' conception of a President who would wait for congressional instructions appeals to traditional values of democratic control and congressional primacy that have deep roots in our national consciousness. But this model of presidential passivity has some of the same strengths and weaknesses as the advocacy of chastity to solve today's problems of teenage pregnancy and sexually transmitted disease. The basic values may be sound, but when one moves from the assertion of those values to the identification of policy prescriptions, then it becomes clear that contemporary problems are too complex to be solved by …


Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg Nov 1986

Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg

BYU Law Review

No abstract provided.


Judicial Failure To Enforce Human Rights Legislation: An Alternative Analysis Of Crockett V. Reagan, Mark P. Gibney Jan 1986

Judicial Failure To Enforce Human Rights Legislation: An Alternative Analysis Of Crockett V. Reagan, Mark P. Gibney

NYLS Journal of Human Rights

No abstract provided.


Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro Jan 1986

Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro

Scholarly Articles

Taken as a whole, the Roman Catholic Bishops' 1983 pastoral letter on war and peace, "The Challenge of Peace, God's Promise, and Our Response"' has two purposes: first, to assist Catholics in the formation of their consciences; and, second, to contribute to the ongoing public policy debate concerning the morality of war in general, and of nuclear war in particular. This article will address the stated purposes of and the suggestions made in the pastoral letter from the vantage point of American statutory and constitutional law. It will make no attempt to provide definitive legal answers to the many questions …


The Legality Of The Chicago Nuclear Weapon Free Zone Ordinance, William N. Weaver Jr., Fay Clayton, Brian D. Roche, Karl Krause Jr. Jan 1986

The Legality Of The Chicago Nuclear Weapon Free Zone Ordinance, William N. Weaver Jr., Fay Clayton, Brian D. Roche, Karl Krause Jr.

Loyola University Chicago Law Journal

No abstract provided.


Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus Jan 1986

Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus

NYLS Journal of Human Rights

No abstract provided.


Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke Jan 1986

Protecting The Record For Appeal: A Reference Guide In Texas Civil Cases., David E. Keltner, Melinda R. Burke

St. Mary's Law Journal

Abstract Forthcoming.


Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland Jan 1986

Take-Or-Pay Provisions: Major Problems For The Natural Gas Industry Comment., David L. Roland

St. Mary's Law Journal

A prompt solution to the take-or-pay problem is vital to the survival of the natural gas industry. Due to the increasingly turbulent and unpredictable natural gas market, most natural gas producers include a take-or-pay provision in their gas purchase contracts. Take-or-pay provisions require a pipeline company to either take an amount of natural gas from the producer or the company must pay for the specified amount. The market, however, has changed and the demand for natural gas declined. The demand can be partly attributed to the energy crisis of a decade ago. As a result of the crisis, consumers are …


The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii Jan 1986

The Best Evidence Article Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.


Reversal Due To Fundamental Error In The Jury Charge Requires A Showing Of Egregious Harm To The Accused If The Error Is Not Objected To At Trial., Michael H. Bassett Jan 1986

Reversal Due To Fundamental Error In The Jury Charge Requires A Showing Of Egregious Harm To The Accused If The Error Is Not Objected To At Trial., Michael H. Bassett

St. Mary's Law Journal

Abstract Forthcoming.


An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg Jan 1986

An Employer's Intentional Failure To Maintain A Safe Work Place Is Not An Intentional Act Unless The Employer Is Substantially Certain That Such Conduct Would Cause The Injury., David S. Goldberg

St. Mary's Law Journal

Abstract Forthcoming.


Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes Jan 1986

Hospital Liability May Be Based On Either Doctrine Of Ostensible Agency Or Doctrine Of Corporate Negligence., Gregory T. Perkes

St. Mary's Law Journal

Abstract Forthcoming.


Foreword., Editorial Board St. Mary's Law Journal Jan 1986

Foreword., Editorial Board St. Mary's Law Journal

St. Mary's Law Journal

Abstract Forthcoming.


Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend Jan 1986

Cancellation Of Water Rights In Texas: Use It Or Lose It., R. Lambeth Townsend

St. Mary's Law Journal

It is the constitutional duty of the State of Texas to conserve and develop the state’s water resources. Texas effectuates water conservation and utilization through its system of granting and administering rights for the beneficial use of the state’s water. The Supreme Court of Texas concluded the state can further conserve water by cancelling appropriations not beneficially used to the limit provided in the permit, certified filing, or certificate of adjudication. Cancellation of unused water rights enables the Water Commission to make water available for beneficial use by others. Only by the beneficial use of water can the state obtain …


The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson Jan 1986

The Continuing Voids In Texas Groundwater Law: Are Concepts And Terminology To Blame., Corwin W. Johnson

St. Mary's Law Journal

Abstract Forthcoming.


Texas' Interstate Water Compacts., Paul Elliott Jan 1986

Texas' Interstate Water Compacts., Paul Elliott

St. Mary's Law Journal

Abstract Forthcoming.


Environmental Significance Of Instream Flows., James W. Johnston Jan 1986

Environmental Significance Of Instream Flows., James W. Johnston

St. Mary's Law Journal

Abstract Forthcoming.


A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr. Jan 1986

A Primer On Trademarks And Service Marks., Lawrence E. Evans Jr.

St. Mary's Law Journal

Abstract Forthcoming.


The Profession As A Moral Teacher Legal Essay., Thomas Shaffer Jan 1986

The Profession As A Moral Teacher Legal Essay., Thomas Shaffer

St. Mary's Law Journal

Abstract Forthcoming.


The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry Jan 1986

The Vestiges Of The Texas Employment At-Will Doctrine In The Wake Of Progressive Law: The Employment Handbook Exception Comment., Brian Kennington Lowry

St. Mary's Law Journal

Under a traditional approach of the at-will rule, if an employer hires an employee for an indefinite term then the employer may terminate the employee at will. Modification of the at-will rule has gained widespread support throughout the country. A majority of states now follow the progressive view, which allows the employment manual to become part of the labor contract, thereby obligating employers to abide by manual provisions. The progressive view maintains that an employee’s continued service after an employer issues a manual, constitutes ample consideration to make the document binding. Once a court recognizes the existence of independent consideration, …


Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch Jan 1986

Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch

St. Mary's Law Journal

Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …


Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker Jan 1986

Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker

St. Mary's Law Journal

Abstract Forthcoming.


Trial Court Jurisdiction And Control Over Judgments., David Peeples Jan 1986

Trial Court Jurisdiction And Control Over Judgments., David Peeples

St. Mary's Law Journal

Abstract Forthcoming.


Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat Jan 1986

Collecting Attorney Fees From The Government In Tax Litigation: An Analysis Of The Winners And Prospects For The Future., Craig J. Langstraat

St. Mary's Law Journal

Abstract Forthcoming.


Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister Jan 1986

Judgment Granting Equitable Relief Cannot Support Award Of Punitive Damages Where Actual Damages Are Not Also Recovered., Beth Mcallister

St. Mary's Law Journal

Abstract Forthcoming.


Introduction., Larry Soward Jan 1986

Introduction., Larry Soward

St. Mary's Law Journal

Abstract Forthcoming.


Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen Jan 1986

Premises Liability In Texas - Time For A Reasonable Change., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.


Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield Jan 1986

Racketeer Influenced And Corrupt Organizations Act (Rico) - Maintenance Of A Private Civil Rico Action Does Not Require A Showing That The Defendant Has Been Criminally Convicted Of The Predicate Acts Nor That The Plaintiff Has Sustained A Racketeering Injury Distinct From The Alleged Predicate Acts., Ruth E. Greenfield

St. Mary's Law Journal

Abstract Forthcoming.


A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones Jan 1986

A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones

Journal Publications

Due to the intense pressures of warfare, and the more common stress related demands placed on the peacetime service member, the mental nonresponsibility defense should be more often legitimately asserted in a military criminal trial. Further, those who place demands on service members have an obligation to ensure that the nonresponsibility defense is substantively and procedurally fair. This article analyzes the nonresponsibility defense, beginning with the procedural aspects and later examining significant substantive issues and how they are resolved by the United States Court of Military Appeals. The procedural section will discuss how the nonresponsibility issue is raised, the defendant's …


Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid Jan 1986

Discovery And Sanctions For Discovery Abuse., Joe K. Longley, Mark L. Kincaid

St. Mary's Law Journal

Abstract Forthcoming.