Military, War, and Peace Commons^™

The Nonproliferation Treaty And Peaceful Uses Of Nuclear Explosives, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

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HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

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INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

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THE WINDS OF FREEDOM

By Dean Rusk …

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.

The Civilianization Of Military Law, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Presidential War-Making, Henry Paul Monaghan

Faculty Scholarship

The Vietnam "war" has convinced many persons that the president of the United States claims apparently unlimited power to commit this country to war. Not surprisingly, therefore, considerable interest has focused on the powers that inhere in the presidency. And many critics of the war – those who in other times and in other contexts might have been sympathetic to a spacious conception of presidential power – have concluded that the Vietnam conflict is not only a tragic error, but is the direct result of unconstitutional conduct by the president. I cannot accept this view; at bottom, it seems to …

Public Employment, Antiwar Protest And Preinduction Review, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Court-Martial Jurisdiction: The Effect Of O'Callahan V. Parker, Fred K. Morrison

William & Mary Law Review

No abstract provided.

Pfeffer: No More Vietnams?: The War And The Future Of American Foreign Policy; Falk: The Vietnam War And International Law; Mcgee: The Responsibilities Of World Power; Reischauer: Beyond Vietnam: The United States And Asia, Ved P. Nanda

Michigan Law Review

A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz; The Vietnam War and International Law edited by Richard A. Falk; The Responsibilities of World Power by Gale W. McGee; Beyond Vietnam: The United States and Asia by Edwin O. Reischauer

Due Process For Servicemen - The Military Justice Act Of 1968, Francis T. Mccoy

William & Mary Law Review

No abstract provided.

Conscription And The Constitution: The Original Understanding, Leon Friedman

Michigan Law Review

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …

Armed Services - The Right To Pre-Induction Judicial Review - Oestereicb V. Selective Service System, 89 S. Ct. 414 (1968), Michael E. Kris

William & Mary Law Review

No abstract provided.

J.G. Starke, An Introduction To The Science Of Peace (Ireneology)., W. Paul Gormley

Buffalo Law Review

No abstract provided.

"In Time Of War" And Veterans' Preference

Washington and Lee Law Review

No abstract provided.

Book Reviews, William L. Shaw, Cephus L. Stephens

Vanderbilt Law Review

BOOK REVIEWS

LITTLE GROUPS OF NEIGHBORS: THE SELECTIVE SERVICE SYSTEM. By James W. Davis, Jr. and Kenneth M. Dolbeare. Markham Publishing Co., Chicago, 1968. Pp. 268.

reviewer: William L. Shaw

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THE SUPREME COURT AND THE NEWS MEDIA. By David L. Grey, Evansville: Northwestern University Press. 1968. Pp. 194. $5.95.

reviewer: Cephus L. Stephens

Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review

Michigan Law Review

This Note will present such an analysis, investigate the deficiencies of the current language in the Uniform Code of Military Justice, and suggest an alternative to the elusive standard that presently exists.

Tigar: Selective Service Law Reporter, Edward A. Tomlinson

Michigan Law Review

A Review of Selective Service Law Reporter editor-in-chief, Michael E. Tigar

Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review

Michigan Law Review

The concept of the local draft board is based on the theory that selection of persons for compulsory military service can be accomplished most fairly by small groups of neighbors of those who are to serve. As the National Office of the Selective Service recently stated: "Because of its comparatively long association with a registrant and knowledge of what he has done, the local board is relatively well qualified to evaluate his ability to perform," A corollary to this basic theory is that a more flexible selection process evincing greater sensitivity to the problems of individual registrants can be achieved …

Review: Tax, The Draft, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Selective Service: Some Certain Problems And Some Tentative Answers, Michael E. Tigar, Robert J. Zweben

Faculty Scholarship

No abstract provided.

The Military And The Law, James K. Gaynor

Cleveland State Law Review

Military law is the law which governs members of the Armed Services and, to some extent, the relations of other persons with the Armed Services. Military law often is thought of as synonymous with court-martial, but that is not correct. The number of people who will be involved in a court-martial during a year-either as an accused, or as one having duties in connection with a court-likely will be less than two percent of any large military organization. Members of the military service, however, are involved with military law every day in the year. It governs the way in which …

Judicial Review Of Military Determinations And The Exhaustion Of Remedies Requirement, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Vietnam And Public International Law: Comment, Anthony A. D'Amato

Vanderbilt Journal of Transnational Law

With each international crisis inevitably come the self-styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counter claims. The remainder of this comment will be addressed to the larger issues involved and some …

Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar

Michigan Law Review

A Review of Concerning Dissent and Civil Disobedience by Abe Fortas

Nato Before And After The Czechoslovak Crisis, Leo J. Reddy

Vanderbilt Journal of Transnational Law

There are few black and white issues in the field of foreign relations. The problems that NATO faced and that our government faced as a member of NATO in responding to the Soviet invasion of Czechoslovakia illustrate at least some of the complexities that may not have been evident in the news reports. For example, there is a widely held impression that NATO was in a state of decline prior to August 20, 1968 when the Soviet armies marched on Prague, and that this event snatched the organization from the jaws of historical oblivion. This statement greatly oversimplifies the actual …

Commentary, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

Review Of Selective Service Reclassifications, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii

University of Michigan Journal of Law Reform

Pre-emption, a doctrine based on Article VI of the United States Constitution (the “Supremacy Clause”), considers “…the validity of state laws in the light of… Federal laws touching on the same subject.” Where state and federal laws embrace the same subject matter the question is whether Congress intended to preclude state legislative participation in the area or to allow concurrent power. If Congress did intend to preclude state legislation on the subject, the state law must be struck down as a violation of Article VI. Where there is no directly expressed Congressional intent the Court must discover that intent, and …

Judicial Review--Selective Service Classifications, Gary Gordon Markham

West Virginia Law Review

No abstract provided.

Appendix B: Document Donitz-100

International Law Studies

No abstract provided.