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International Law Library contains the following publication collections: Department of Justice Collection, Central Intelligence Agency Declassified Collection, Department of Energy Collection, Briefing Archive Collection, Herring Archive Collection, Office of Justice Programs Collection. Office of Justice Programs and the Department of Justice Publications Collection: Funding, Training, Programs, Statistics and Research about The Justice System, Law Enforcement, Courts, Prosecution, Indigent Defense Juvenile Justice, Corrections/Managing Offenders, Crime Victims, Violence Against Women, Family Violence, Fighting Crime, Technology to Fight Crime, Terrorism & Domestic Preparedness, Substance Abuse.

 
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The Canons, The Code, And Counsel: The Ethics of Advocates before ...

By: Robert J. Chadwick

Military Law Review

Excerpt: The author begins by discussing the ABA Canons of Professional Ethics and the American College of Trial Lawyers Code of Trial Conduct, as they apply to the military officer-lawyer. Having concluded that the Canons and Trial Code &o apply to military officer lawyers, he turns to a detailed analysis of various areas which give rise to ethical problems. In each of these areas, he discusses the rules set forth in the UCMJ, Manual, Canons, and Trial Code, as well as the judicial decisions.

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The Militia and the Constitution: A Legal History

By: William S. Fields

Military Law Review

Introduction: In examining the subject of the militia and the Constitution, a number of important issues immediately come to mind-the ?federalism? issue of state versus national control of the militia, the ?checks and balances? issue of presidential versus congressional control of the national military establishment, the issue of the political compromises reached in an effort to overcome the inherent weaknesses of the Articles of Confederation, and the paramount issue of...

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The Decision to Exercise Power-A Perspective on Its Framework in I...

By: Commander James E. Toms

Military Law Review

Excerpt: The author discusses the self-help measures of terrorism, reprisal, and intervention, as they relate to international law. His analysis includes the application of these measures in such contemporary crises as the Dominican Republic, Southern Rhodesia, and Vietnam. The author concludes that the world community is not yet ready for a ?force monopoly? by the United Nations and that, meanwhile, individual states should exercise power in accordance with established ...

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Military Law Review-Volume 137

By: ajor Daniel P. Shaver

Military Law Review

Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General's School, U.S. Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experiences and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preferenc...

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Criminal Punitive Discharge-An Effective Punishment

By: Captain Charles E. Lance

Military Law Review

Excerpt: In this article Captain Lance reviews various justifications traditionally advanced for imposing punitive discharges and other punishments on offenders. He concludes that goals such as retribution and deterrence through fear are in conflict with the Army?s current policy of rehabilitation and restoration to duty of the maximum possible number of offenders. The author examines the legal effects of a punitive discharge on entitlement to veterans? benefits. Thereaf...

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Prohibition on Military Unionization: A Constitutional Appraisal

By: Deanne C. Siemer

Military Law Review

Excerpt: On October 6, 1977 the Secretary of Defense issued a comprehensive directive prohibiting participation by military personnel in certain labor union organizations or in activities associated with such organizations. The directive reaches speech in the prohibitions on recruiting, solicitation, and collective bargaining, and also speech related conduct such as membership, picketing, posting handbills, and distributing leaflets. This article describes, in Part I, th...

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The Enlistment Contract: A Uniform Approach

By: Captain David A. Schlueter

Military Law Review

Introduction: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.?

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The Military and the Courts: Current Issues Introduction

By: Captain Stephen J. Kaczynski

Military Law Review

Excerpt: Our society has increasingly become a litigious one. Those parties who feel themselves injured or disappointed by the action or inaction of another are more and more often likely to resort to the legal processes for redress of the purported grievance. The resulting litigation has ranged from the absurdity of a lawsuit over the call of a high school football referee to the seriousness of the discovery of a tort for ?wrongful life.?

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Gas Warfare in International Law

By: Major Joseph Burns Kelly

Military Law Review

Introduction: This study will deal with one aspect of the larger problem of the legal control of weapons in warfare. The twentieth century has witnessed a revolution in weapons. The plane, the submarine, and gas all appeared in World War I. The plane and the submarine are now standard equipment. Gas was banished from the stage. However, it lingers in the wings along with the atom and the germ leading a virile life of its own, refusing to join barbed spears, glass-filled ...

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Military Law Review-Volume 109

By: aptain Stephen J. Kaczynski

Military Law Review

Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, US. Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference ...

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The Federal Tort Claims Act: Sovereign Liability Today

By: Major James W. Hunt

Military Law Review

Excerpt: The projected impact of the Federal Tort Claims Act is not measurable in terms of its historical application. To determine the impact of a federal law, one need look no farther than today?s newspaper headlines to be aware that its effect is determined, not so much by the specific language of its provisions, or even by the intent of Congress in enacting it, as by the interpretations of the federal courts in implementing it. This is true at least until such time a...

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Military Law Review-Volume 106

By: aptain Stephen J. Kaczynski

Military Law Review

Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, US. Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference ...

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The Administration of Justice Within the Armed Forces of the Germa...

By: . Gunther Moritz

Military Law Review

General Introduction: After the surrender of the German Forces, the Wehrmacht, on May 8th, 1945, and the occupation of Germany by the Allied Forces, it was the object of the occupation powers to dissolve the German Forces that were left and by all means to prevent the restoration of German Forces for the foreseeable future. In order to achieve this object not only were all military units disarmed and their installations rendered useless, but also all legal background for...

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Military Law Review-Volume 107

By: aptain Stephen J. Kaczynski

Military Law Review

Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General's School, U.S. Army, Charlottesville, Virginia, since 1968. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference...

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Military Law Review-Volume 148

By: pt. John B. Jones

Military Law Review

Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, United States Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and p...

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Contracting-Out : A Case for Realistic Contract Vs. In-House Decis...

By: Major John G. Wildermuth

Military Law Review

Excerpt: Contracting officers frequently have to decide between using military or federal service employees and contracting out to private enterprise for support services. The author discusses the expressed policy in favor of contracting-out, and how it has been eroded by numerous decisions of the Bureau of the Budget, the General Accounting Office, the Department of Defense, and the Army itself. In conclusion, the author suggests that the decision be made easier by rede...

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Military Law Review-Volume 149

By: aptain John B. Jones Jr.

Military Law Review

Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, United States Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and p...

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Executive Orders 10988 and 11491, And Craft Recognition in the Fed...

By: aptain John Clay Smith

Military Law Review

Excerpt: In the dawn of President Nixon's new Executive Order 11 4Y 1, Labor-Management Relations in the Federal Service, the author reviews sample arbitration decisions under Executive Order 10988 before and after a major change in NLRB policy in the craft recognition area und concludes that the arbitrators were not responsible to Board rulings. He notes critically that even under Executive Order 11491, the ultimate decision-makers are not bound by NLRB rulings, or by t...

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Military Law Review-Volume 146

By: aptain Stuart W. Risch

Military Law Review

Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, United States Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and p...

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They Step to a Different Drummer: A Critical Analysis of the Curre...

By: Major David M. Brahms

Military Law Review

Excerpt: In this article, the author examines the legal status of the soldier developing religious or philosophical beliefs antithetical to continued active military service. The current Department of Defense policy toward A D procedures for processing the individual in-service conscientious objector?s request for discharge is analyzed. The author concludes that the interests of neither the objector nor the services are adequately protected by current DOD policy and sugg...

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