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Articles 5791 - 5820 of 6314
Full-Text Articles in Military, War, and Peace
All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt
All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt
Faculty Scholarship
The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …
Individual Conscience Under Military Compulsion, Raymond B. Marcin
Individual Conscience Under Military Compulsion, Raymond B. Marcin
Scholarly Articles
The exercise of individual conscience under military compulsion is an issue revived by the My Lai courts martial. Natural law jurists saw a place for individual conscience, but the positivist school's dominance changed that. The Nuremberg doctrine denied the defense of superior orders, and now the debate is raging again.
The Military Courts And Servicemen's First Amendment Rights, Edward F. Sherman
The Military Courts And Servicemen's First Amendment Rights, Edward F. Sherman
Articles by Maurer Faculty
No abstract provided.
Congressional Proposals For Reform Of Military Law, Edward F. Sherman
Congressional Proposals For Reform Of Military Law, Edward F. Sherman
Articles by Maurer Faculty
The current political and constitutional controversy surrounding military justice has resulted in considerable legislative activity. In the following article, Professor Sherman compares the Bayh, Bennett, Hatfield, Price, and Whalen proposed amendments to the Uniform Code of Military Justice, and offers his assessment of the need for change.
Military Law - Persons Subject To The Uniform Code Of Military Justice. United States V. Averette, 19 U.S.C.M.A. 363, 41 C.M.R. 363 (1970), Charles W. Boohar Jr.
Military Law - Persons Subject To The Uniform Code Of Military Justice. United States V. Averette, 19 U.S.C.M.A. 363, 41 C.M.R. 363 (1970), Charles W. Boohar Jr.
William & Mary Law Review
No abstract provided.
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Michigan Law Review
A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …
Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno
Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno
Indiana Law Journal
No abstract provided.
Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame
Selective Service Law—Purely Ethical Or Moral Belief Held Grounds For Conscientious Objector Exemption, Roger G. Burlingame
Buffalo Law Review
Welsh v. United States, 398 U.S. 833 (1970).
Armed Forces - Selective Service - Operation Of Statute Of Limitations As A Bar To Prosecution For Failure To Register For Draft. Toussie V. United States, 90 S. Ct. 858 (1970), Susan B. Cocke
William & Mary Law Review
No abstract provided.
Military Reservations: Forts Or Parks?, Robert Gerwig
Military Reservations: Forts Or Parks?, Robert Gerwig
William & Mary Law Review
No abstract provided.
Constitutional Law--Armed Forces--Living In Two Worlds, William Robert Wooton
Constitutional Law--Armed Forces--Living In Two Worlds, William Robert Wooton
West Virginia Law Review
No abstract provided.
Fisher: International Conflict For Beginners, Stanley D. Metzger
Fisher: International Conflict For Beginners, Stanley D. Metzger
Michigan Law Review
A Review of International Conflict for Beginners by Roger Fisher
Nixon / Hitler, Students Of Risd, Risd Archives
Nixon / Hitler, Students Of Risd, Risd Archives
Protest
Silkscreened Anti-Vietnam War Protest poster revealing Hitler behind President Richard Nixon mask.
Recycle Nixon, Students Of Risd, Risd Archives
Recycle Nixon, Students Of Risd, Risd Archives
Protest
Green Ecology Flag printed on computer printout paper.
Risd Alumni Bulletin Summer 1970, Stan Haste, Risd Public Affairs, Risd Archives
Risd Alumni Bulletin Summer 1970, Stan Haste, Risd Public Affairs, Risd Archives
Protest
Summer issue chronicles the events of RISD Student Strike in May and June, 1970. Article illustrated with photos from Providence Journal.
Stop War, Students Of Risd, Risd Archives
Stop War, Students Of Risd, Risd Archives
Protest
Silkscreened Stop Sign Poster advocating Stop War.
Unity In Our Love Of Man, Students Of Risd, Risd Archives
Unity In Our Love Of Man, Students Of Risd, Risd Archives
Protest
Silkscreened Anti-War poster advocating for end to war's human suffering. depicts two young Vietnamese children, one carrying other on back.
Risd Museum Anti-War Petition, Risd Museum, Risd Archives, Students Of Risd
Risd Museum Anti-War Petition, Risd Museum, Risd Archives, Students Of Risd
Protest
Petition from staff, members, and friends of the RISD Museum against the war in Southeast Asia, 1970 and announcment of upcoming exhibition to demonstrate "the futility of war".
Support Our Boys In Cambodia, Students Of Risd, Risd Archives
Support Our Boys In Cambodia, Students Of Risd, Risd Archives
Protest
Silkscreened Anti-War poster advocating for support of troops.
Armed Services - The Right To Pre-Induction Judicial Review. Breen V. Selective Service Local Board No. 16, 90 S. Ct. (1970), Robert R. Kaplan
Armed Services - The Right To Pre-Induction Judicial Review. Breen V. Selective Service Local Board No. 16, 90 S. Ct. (1970), Robert R. Kaplan
William & Mary Law Review
No abstract provided.
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review
Michigan Law Review
Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …
Military Jurisdiction Over Non-Service Connected Offenses
Military Jurisdiction Over Non-Service Connected Offenses
Washington and Lee Law Review
No abstract provided.
Federal Habeas Corpus, Kevin M. Clermont
Federal Habeas Corpus, Kevin M. Clermont
Cornell Law Faculty Publications
No abstract provided.
Armed Services - Conscientious Objectors - Belief In Orthodox Concept Of God Not Required For Exemption, William C. Bartley
Armed Services - Conscientious Objectors - Belief In Orthodox Concept Of God Not Required For Exemption, William C. Bartley
Duquesne Law Review
No abstract provided.
Constitutional Law—The Serviceman’S Right To A Civilian Trial For A Non-Service Connected Crime, Bruce R. Fenwick
Constitutional Law—The Serviceman’S Right To A Civilian Trial For A Non-Service Connected Crime, Bruce R. Fenwick
Buffalo Law Review
O'Callahan v. Parker, 395 U.S. 258 (1969).
O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue
O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue
Villanova Law Review (1956 - )
No abstract provided.
Those Magnificent Commandos In Their Flying Machines, Michael F. Noone Jr.
Those Magnificent Commandos In Their Flying Machines, Michael F. Noone Jr.
Scholarly Articles
No abstract provided.
Administrative Law--Selective Service--Conscientious Objector Dilemma--Question Still Unresolved, Richard D. Pompelio
Administrative Law--Selective Service--Conscientious Objector Dilemma--Question Still Unresolved, Richard D. Pompelio
Kentucky Law Journal
No abstract provided.
Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley
Buffalo Law Review
United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969), prob. juris. noted, 396 U.S. 812, 90 S. Ct. 92 (1969).
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato
University of Michigan Journal of Law Reform
One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …