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Articles 5491 - 5520 of 6314

Full-Text Articles in Military, War, and Peace

Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott Jan 1985

Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott

St. Mary's Law Journal

Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …


Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt Jan 1985

Wrongful Fraternization As An Offense Under The Uniform Code Of Military Justice, Margaret A. Mcdevitt

Cleveland State Law Review

In view of the desire of the armed services to continue to prosecute fraternization and continued judicial sanctioning, this Note undertakes an analysis of the fraternization prohibition in order to illustrate the current problems. The first part of this Note proposes that the evolution of the prohibition demonstrates that fraternization has become exclusively a disciplinary offense. The development of the offense over the years also shows that the failure of the military to define the offense precisely by regulation or article allowed military courts to construct varying and confusing definitions. The second part of the Note analyzes the validity of …


The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone Jan 1985

The Kahan Report, Ariel Sharon And The Sabra-Shatilla Massacres In Lebanon: Responsibility Under International Law For Massacres Of Civilian Populations, Linda A. Malone

Faculty Publications

No abstract provided.


Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell Jan 1985

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.


Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson Jan 1985

Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This law journal note dating from the Central American civil wars of the 1980's discusses ways in which the US Congress could impose detailed action requirements related to human rights as a condition of continuing US military assistance to the government of El Salvador.


Insurgency And Counterinsurgency: The Role Of Strategic Theory, Charles Maechling Jr. Jul 1984

Insurgency And Counterinsurgency: The Role Of Strategic Theory, Charles Maechling Jr.

The US Army War College Quarterly: Parameters

No abstract provided.


The Crisis In Arms Control, Harold K. Jacobson May 1984

The Crisis In Arms Control, Harold K. Jacobson

Michigan Law Review

There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …


The Right Of States To Use Armed Force, Oscar Schachter May 1984

The Right Of States To Use Armed Force, Oscar Schachter

Michigan Law Review

When the United Nations (UN) Charter was adopted, it was generally considered to have outlawed war. States accepted the obligation to settle all disputes by peaceful means and to refrain from the use or threat of use of force in their international relations. Only two exceptions were expressly allowed: force used in self-defense when an armed attack occurs, and armed action authorized by the UN Security Council as an enforcement measure. These provisions were seen by most observers as the heart of the Charter. and the most important principles of contemporary international law. They have been reaffirmed over and over …


Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review Feb 1984

Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review

Michigan Law Review

A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons


A Republic, If You Can Keep It, Daniel N. Hoffman Feb 1984

A Republic, If You Can Keep It, Daniel N. Hoffman

Michigan Law Review

A Review of Undeclared War: Twilight Zone of Constitutional Power by Edward Keynes and The War-Making Powers of the President: Constitutional and International Law Aspects by Ann Van Wynen Thomas and A.J. Thomas, Jr.


Uncle Sam Wants You: Selective Prosecution Of Draft Nonregistrants, Valerie J. Feldman Jan 1984

Uncle Sam Wants You: Selective Prosecution Of Draft Nonregistrants, Valerie J. Feldman

Loyola University Chicago Law Journal

No abstract provided.


The Cancer Spreads: Atomic Veterans Powerless In The Aftermath Of Feres V. United States, Susan Cohen-Klein, Howard Berkower Jan 1984

The Cancer Spreads: Atomic Veterans Powerless In The Aftermath Of Feres V. United States, Susan Cohen-Klein, Howard Berkower

Cardozo Law Review

No abstract provided.


Contemporary Social Problems, Georgia Briscoe Jan 1984

Contemporary Social Problems, Georgia Briscoe

Publications

No abstract provided.


From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski Jan 1984

From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski

University of Richmond Law Review

In 1969, the United States was deeply committed to a ground war in Southeast Asia in which the suffering and death was brought home daily to the American television viewer. Distrust of the military was never higher, as the repeated assertions of the imminent collapse of the enemy had apparently been graphically belied a year earlier in the Tet Offensive. As a newly elected President pledged to bring "peace with honor" to a war which seemed amenable to neither, Justice Douglas announced the decision of the Court in O'Callahan v. Parker.


Arab-Israeli Conflict, Linda A. Malone Jan 1984

Arab-Israeli Conflict, Linda A. Malone

Faculty Publications

No abstract provided.


Human Rights In The Middle East, Linda A. Malone Jan 1984

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.


Linking Educational Benefits With Draft Registration: An Unconstitutional Bill Of Attainder, Richard D. Marsico Jan 1984

Linking Educational Benefits With Draft Registration: An Unconstitutional Bill Of Attainder, Richard D. Marsico

Articles & Chapters

No abstract provided.


K.C. Wu Collection, Zach S. Henderson Library Special Collections Jan 1984

K.C. Wu Collection, Zach S. Henderson Library Special Collections

Finding Aids

Collection primarily consists of personal and professional papers from K.C. Wu’s time at Armstrong State College, including his lecture and teaching notes, research materials, and drafts of books and articles—including The Chinese Heritage—as well as papers concerning his 1972-1975 lawsuits against the National Endowment for the Humanities ( 1972-1975), biographical information, and genealogical materials. The collection also features manuscripts by K.C. Wu’s father Jingming Wu from c. 1930-1963.


Selective Service System V. Minnesota Public Interest Research Group, Lewis F. Powell Jr. Oct 1983

Selective Service System V. Minnesota Public Interest Research Group, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bravo's Fallout: International Law And Nuclear Pollution In The Pacific, Seth Forman Oct 1983

Bravo's Fallout: International Law And Nuclear Pollution In The Pacific, Seth Forman

North Carolina Central Law Review

No abstract provided.


A Practical Guide To Admiralty Law For The Seagoing Naval Officer, John Edward Walters May 1983

A Practical Guide To Admiralty Law For The Seagoing Naval Officer, John Edward Walters

Marine Affairs Theses and Major Papers

Daily there are hundreds of United States Navy vessels operating in foreign, international and domestic waters. The knowledge of admiralty law possessed by the officers on these vessels is extremely limited. Prospective Commanding Officers of Navy vessels are trained in areas of international and maritime law, but not in cases involving admiralty. If a United States naval vessel is involved in an admiralty incident, the only recourse the Commanding Officer has is to contact his superior and wait for word from the Staff Judge Advocate representative. It is not necessary for Commanding Officers to be experts on admiralty matters in …


The Conduct Of Just And Limited War, Michigan Law Review Mar 1983

The Conduct Of Just And Limited War, Michigan Law Review

Michigan Law Review

A Review of The Conduct of Just and Limited War by William V. O'Brien


Ironies Of Intervention, Milner S. Ball Mar 1983

Ironies Of Intervention, Milner S. Ball

Scholarly Works

I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …


A Message Of Hope, Dean Rusk Mar 1983

A Message Of Hope, Dean Rusk

Scholarly Works

So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.


Introduction To Panel I, Gabriel M. Wilner Mar 1983

Introduction To Panel I, Gabriel M. Wilner

Scholarly Works

The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …


Gradations Of Intervention In Internal Conflicts, Louis B. Sohn Mar 1983

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

Scholarly Works

I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."


Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn Mar 1983

Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn

Scholarly Works

The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …


Foundations For Military Intervention In The United States, David E. Engdahl Jan 1983

Foundations For Military Intervention In The United States, David E. Engdahl

Seattle University Law Review

Notwithstanding the statements from the judiciary, within little more than a decade the executive branch of the United States government consolidated the old, and added several new, foundations for military intervention in the United States. It would be idle for a legal scholar to speculate whether any edifice of oppression is likely to be built upon these foundations, whether soon or later in time. A sufficient task for the legal scholar is to disclose that the foundations, although faulty, indeed are there; to explain how those foundations came to be laid; and, to show that they have no footing on …


The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales Jan 1983

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.


The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan Jan 1983

The Revised Texas Usury Ceilings - A New Alice In Wonderland., Frank A. St. Claire, Sara Greenwood Hogan

St. Mary's Law Journal

Abstract Forthcoming.