550 research outputs found
The Role of State Government in Nuclear Power Regulation: Jurisdictional Conflicts in the US
The regulation of nuclear power in the United States provides ample opportunity for conflicts over jurisdiction. The Maine Yankee case demonstrates the complications that arise as a result. The article concludes, however, that state involvement in the federal process can be both useful and collaborative
What Military Criminal Law Can Teach Us: A United States Perspective
A quarter century ago, any comparative criminal law in the United States tended to treat the federal criminal justice system as the model for other systems (state, military, Indian tribal). The fifty state systems handled the vast majority of criminal cases. They were reforming both their adherence to federal constitutional protections for the accused and their administrative organization. Criminal justice had become a large volume business and old horse and buggy\u27\u27 practices could not keep up with the workload
Where Have All the Soldiers Gone? Observations on the Decline of Military Veterans in Government
This Essay examines the consequences of the growing decline in the number of military veterans in positions of leadership in the federal government, most particularly in the United States Congress. In its visible form, this issue has given rise to popular debate in the last three presidential elections. Did Dan Quayle pull strings to get a safe post in the Indiana National Guard to avoid Vietnam service? Did Bill Clinton improperly evade the draft during Vietnam? Were veterans George Bush or Bob Dole better qualified to be President because of their combat service in World War II? In its less visible, but more important, form the issue raises significant questions about civilian control of the military, one of our most fundamental, but often ignored, precepts of constitutional law. What has changed markedly over the last decade is the separation of American leadership from the military. For much of the Cold War period, the leaders of American government were military veterans. Whether their service was at the highest levels (Dwight Eisenhower, George Marshall, Al Haig), small unit command or staff service (Harry Truman, Richard Nixon, John Kennedy), or enlisted service (any number of influential Congressmen), these Americans provided a bridge between civilian and military leadership. Today, that bridge is disappearing. In another decade the senior public official with military experience will be a rarity. We will first examine the present status and evident trends in military service by high government officials. We raise the question of whether veteran status makes a difference in the decisions of government. We will suggest some of the causes of the decline in veterans\u27 presence. The final part of the Essay will examine the implications of the change for American civil-military relations and the constitutional governance of the armed forces
Zillman Art Museum\u27s Leonard Lecture Series presents: Colleen McCubbin Stepanic
Artist Colleen McCubbin Stepanic discusses the evolution of her work and highlights some of the large-scale compositions on view in her solo exhibition
In-Service Conscientious Objection: Courts, Boards and the Bias in Fact
The conscientious objector remains a problem for the military because of the conflicting administrative and judicial procedures involving the conscientious objector\u27s discharge. This Article analyzes administrative and judicial procedures, initially by looking at the recognition conscientious objection receives in the military through court-martial review, and then by analyzing federal court review and reassessment of conscientious objection cases. The conscientious objector problem could be solved by classifying the objector on request and allow for discharge. This would replace the fact-finding process, court review, and burden on the military system. Although this solution is simple, the author concludes that it is unrealistic because of the unfavorable view the public holds against conscientious objectors
Where Have All the Soldiers Gone? Observations on the Decline of Military Veterans in Government
This Essay examines the consequences of the growing decline in the number of military veterans in positions of leadership in the federal government, most particularly in the United States Congress. In its visible form, this issue has given rise to popular debate in the last three presidential elections. Did Dan Quayle pull strings to get a safe post in the Indiana National Guard to avoid Vietnam service? Did Bill Clinton improperly evade the draft during Vietnam? Were veterans George Bush or Bob Dole better qualified to be President because of their combat service in World War II? In its less visible, but more important, form the issue raises significant questions about civilian control of the military, one of our most fundamental, but often ignored, precepts of constitutional law. What has changed markedly over the last decade is the separation of American leadership from the military. For much of the Cold War period, the leaders of American government were military veterans. Whether their service was at the highest levels (Dwight Eisenhower, George Marshall, Al Haig), small unit command or staff service (Harry Truman, Richard Nixon, John Kennedy), or enlisted service (any number of influential Congressmen), these Americans provided a bridge between civilian and military leadership. Today, that bridge is disappearing. In another decade the senior public official with military experience will be a rarity. We will first examine the present status and evident trends in military service by high government officials. We raise the question of whether veteran status makes a difference in the decisions of government. We will suggest some of the causes of the decline in veterans\u27 presence. The final part of the Essay will examine the implications of the change for American civil-military relations and the constitutional governance of the armed forces
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