Military, War, and Peace Commons^™

The New "Problem Soldier"- Dissenter In The Ranks, Howard J. De Nike

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

No Tunes Of Glory: America's Military In The Aftermath Of Vietnam (Seven Book Reviews), John P. Lovell

Indiana Law Journal

Seven book reviews from the symposium, The Military After Vietnam: The Search for Legal Controls.

Reflections On The Senate Investigation Of Army Surveillance, Lawrence M. Baskir

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

Civilian Control: New Perspectives For New Problems, Adam Yarmolinsky

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

Legal Inadequacies And Doctrinal Restraints In Controlling The Military, Edward F. Sherman

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

Military Law - Stepchild Of Legal Education, John Jay Douglas

Journal of Legal Education

No abstract provided.

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …

United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review

Michigan Law Review

This Note will first review the origin and development of the defense of discriminatory prosecution and will then analyze the situation in United States v. Falk. The Note concludes that Falk is significant in that it continues the device of shifting the burden to the prosecution once a prima facie case of discriminatory enforcement has been established. More importantly, by implicitly eliminating the necessity of showing purposeful discrimination, Falk represents an important and praiseworthy development.

"Time Of War" And The War Powers Resolution, Terry Moorehead Dworkin

Indiana Law Journal

No abstract provided.

Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review

Michigan Law Review

An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …

1973 War Powers Legislation: Congress Re-Asserts Its Warmaking Power, Gerald L. Angst

Loyola University Chicago Law Journal

No abstract provided.

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …

A Contractual Analysis Of The Military Enlistment, Neil J. Dilloff

University of Richmond Law Review

Since July 1, 1973, this nation has had what is termed an "all-volunteer military." As a result, the primary means available for an individual to enter military service has become the enlistment contract. This article will explore whether or not this type of agreement is, in fact, a contract. We shall analyze what documents or acts are necessary to comprise this agreement between a volunteer and the United States; whether a military enlistment agreement satisfies the traditional contractual elements, such as mutual assent, consideration, and capacity to contract; what is the effect of conditions stated in the contract; and, finally, …

A Reflection Upon Amnesty / The Case For Alternative Service: A Reply To Professor Sax, Douglas A. Kahn

Articles

Professor Sax advocates that unconditional amnesty should be granted to Vietnam draft evaders and deserters, and he contends that the condition of alternative service imposed by President Ford, while superficially attractive to some, is unsupported by an acceptable rationale. While I harbor misgivings concerning the grant of any type of amnesty for Vietnam evaders and deserters, I have concluded that amnesty should be given provided that it is conditioned on the performance of some service such as that required by President Ford's program. Obviously, this places me squarely at issue with Professor Sax, and I will attempt to detail the …

Absence Without Leave - The Nature Of The Offense, Fredric I. Lederer

Faculty Publications

No abstract provided.

Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

Book Review. A Special Kind Of Justice, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

America And Reconsruction, Thomas B. Grier

IUSTITIA

Reconstruction has variously been termed "repressive. . . uncivilized" and "a sordid time" as well as "a noble experiment." Reflected in those judgments of the era is the dispute over the effects of Reconstruction. To be more correct, one might say that there has been much conjecture in determining what, in fact, Reconstruction was. Questioned also has been the role of the black man during the period; much of what he did, or was responsible for, has, like Reconstruction itself, been subject to many and varied accounts and evaluations. The intent of this paper is to examine several volumes concerned …

Far Beyond Nuremberg: Steps Toward International Criminal Jurisdiction, Richard I. Miller

Kentucky Law Journal

No abstract provided.

The Defense Of Superior Orders, Aubrey M. Daniel Iii

University of Richmond Law Review

The court-martial and premeditated murder conviction of First Lieutenant William L. Calley, Jr., for his participation in the My Lai Massacre on March 16, 1968, was one of the most controversial criminal trials, either military or civilian, in the history of this nation. Although the trial brought to the surface many troubling aspects of this country's conduct of the Vietnam War, the primary focus of the controversy centered on the question of whether an American soldier should be held criminally accountable for his participation in the mass execution of unarmed and unresisting men, women, children and babies taken captive by …

Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This Comment will explore the salient issues raised by Laird v. Tatum and will attempt to answer the following questions: Did the Supreme Court err in denying the political activists an opportunity to present witnesses at a District Court hearing and in deciding the issues on the original papers and appellate brief? Was the Military Intelligence (hereinafter MI) program complained of an impermissible abridgment of First Amendment rights? Did Justice Rehnquist behave improperly by participating in the Laird v. Tatum decision? Last, to what extent has the Supreme Court's decision in this case affected future adjudication of First Amendment class …

Constitutional Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Military Justice Without Military Control, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Military And Foreign Affairs Function Rule-Making Under The Apa, Arthur Earl Bonfield

Michigan Law Review

There is an obvious need to conduct our governmental affairs effectively. expeditiously. and inexpensively. No administrative rule-making procedure is acceptable unless it fairly takes account of this consideration. Consequently, procedural requirements that unduly fetter agency action. or frustrate its purposes. are obvious!} unwise. What is needed, therefore. is a system of rule-making that will strike a sensible balance between the need for adequate public participation in that process. and the need for efficient government. In striking that balance. society's interest in involving affected members of the public in administrative rule-making at an early stage is not so slight that it …

Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren

Michigan Law Review

A Review of Nuclear Proliferation: Prospects for Control edited by Bennett Boskey and Mason Willrich, and Civil Nuclear Power and International Security edited by Mason Willrich

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

Scholarly Works

The law of the United Nations Charter is not now quite the same as it was before the Declaration on Friendly Relations was adopted. Although not a formal enactment, it gives more flesh and bone to key articles, such as article 2(4).

Interview With Judge Robert E. Quinn, November 20th, 1972, Matthew Smith

The Judge Robert E. Quinn Interviews on Mid-20th Century Rhode Island Politics

From the summer of 1972 to the fall of 1973, Matthew Smith, then Archivist of Providence College, conducted a number of recorded interviews with "Fighting Bob" Quinn (1884-1975), a prominent Rhode Island politician of the mid-twentieth century. Quinn, who after serving in all 3 branches of Rhode Island government, capped his twenty-five career in Rhode Island politics with tenure as Chief Judge of the United States Court of Military Appeals. The interview tapes, which were roughly transcribed, cover all phases of his public service in the political arena of Rhode Island.

Struck V. Secretary Of Defense, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Frontiero V. Richardson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Case For An Unconditional, Universal Amnesty For Draft Evaders And Armed Forces Deserters, William D. Wick

Buffalo Law Review

No abstract provided.