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A New Look at the Law of War : Limited War Field Manual 27-10

By: Captain Gordon B. Baldwin

...en issued unless military advantages were clearly foreseen. “[Tlhe Soviet Government true to the principles of humanity and respect for its internat... ...can be traced back to the famous General Orders 100, Instructions for the Government of Armies of the United States in the Field, of 1863. This earl... ... 139 Paragraph 1 of the field manual states : “This Manual is an official publication of the United States Army. However, those provisions of the Ma... ...ily reflect the views of The Judge Advocate General’s School or any other governmental agency. ** Assistant Chief, Opinions Branch, Office of The Ju... ...s direction? Quite possibly the accused would receive any benefit but the government could not appeal, even if the law officer had abused his discre... ...nt of accused persons as well as to the detriment of the interests of the Government.” (From his written statement). 106 Ibid. He wrote: “For examp... ...luable reference tool for every judge advo- cate, was supplemented by the publication of a digest covering opinions rendered between July 1912 and A... ...te training in law worthy of the LL.M. degree. The School has pre- pared publications to guide law officers and counsel before courts- martial, ope...

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Military Lawyers, Civilian Courts, And the Organized Bar: A Case Study of the Unauthorized Practice Dilemma

By: F. Raymond Marks

...A PRESUMPTIONS AND INFERENCES IN CRIMINAL LAW WARRANTY AND DISCLAIMER IN GOVERNMENT PERSONAL PROPERTY SALES CONTRACTS ARMY NERVE GAS DUMPING: INTE... ...r of page) (1972). f For sale by the Superintendent of Documents, U.S. Government Printing OfBce, Washington, D.C. 20402 - Price 75 cents (single... ... Jack P. Hug ______________________________ 81 Warranty and Disclaimer in Government Personal Prop- erty Sales Contracts Major Curtis L. Tracy ____... ...rral program. Options A (judicare), B (contract payments), and D (use of government employed civilian lawyers as house counsel-staff legal service ... ...er elements of a “law reform!’ program, as were suits against the Federal Government. The program recommenda- tions, then, envisioned a substantial ... ... is exemplified by the editors Brodsky and Eggleston *Director, Plans and Publications Department. The Judge Advocate General’s School. Since March.... ...ing the initiative in a field which is of transcendent importance. Their publication coincides with the successful development of the Army’s Correc... ... significance of this book. While it represents a long overdue and timely publication, a work of this broad scope exposes obvious gaps in theory and...

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Military Law Review-Volume 81 Biennial Cumulative Index

By: Major Percival D. Park

...o not necessarily reflect the views of The Judge Advocate General or any governmental agency Masculine pronouns appearing in the pam- phlet refer t... ...cate General’s School. The Board will evaluate all material submitted for publication. In determining whether to pub- lish an article, comment, note... ...no minimum or maximum length requirement. When an article is accepted for publication, a copy of the edited manuscript will be furnished to the auth... ...l; however, minor alterations may be made in subsequent i stages of the publication process without the approval of the author. Neither galley pro... ...ed persons should contact the Superintendent of Documents, United States Government Printing Office, Washington, D. C. 20402 for subscrip- tions. S... ...Back issues are available for military personnel through the U.S. Army AG Publications Center, 2800 Eastern Blvd., Baltimore, MD 21220. REPRINT PER... .......................................... 59/27 Clarke, Robert B., Colonel, Government-Caused Delays in the Performance of Federal Contracts: The Impa... ... 591239 Coleman, Gerald C., Lieutenant Colonel, Proposed Codification of Governmental Immunities and its Effect on Economic Privileges Extended Uni... ...ichard J., Colonel, Overflight Damage: Lia- bility of Private and Federal Government Aircraft Operators for Flights Over Land Interfering with Use ...

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An Outline of Soviet Military Law

By: Department of the Army

.... 27-100-5, July 1959). For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington 26, D. C. Price 46 centa (single co... ...d in the Soviet state. Indeed, it is not easy to ascertain which organ of government established by the Soviet Constitution actually controls the ar... ...ainly from the upper hierarchy of the Communist Party. It is in fact the government of the U.S.S.R. It is entitled to enact, and does enact, decree... ...ilitary organization has contrived to secure a substantial amount of self-government and independence, although this matter cannot be considered as ... ... command structure of the Revolutionary Army. Kerensky in his Provisional Government had established “front commissars’’ as early as 1917. By the fo... ...ivileged, there must be confidential disclosures or com- munications, the publication of which would betray conjugal con- fidence and trust or tend ... ... be subject to the fancy of a Secretary.17 Army Regulations provide for a publication medium known as General Orders, which may be published by any ... ...and has intermingled the concepts of "standing orders" and administrative publications. However, the only case in which this intermingling of concep... ...d had not read the directive, because, for instance, during the period of publication he refused to go near the bulletin board . . . . We would not ...

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Military Law Review

By: Hilton B. Persons

...do not necessarily reflect the views of The Judge Advocate General or any governmental agency. ,L\rticles, comments, recent development notes, and ... ...d persons should con- tact the Superintendent of Documents, United States Government Printing Office, FVashington, D.C. 20402. This issue may be ci... ...onal Lax 323 (195 1) ......................... 48- Toxey H. Se\r.ell, The Government as a Proprietor of Land. 35 Tennessee La,x Reviex 287 (1968). .... ...s of one of the ablest and most experienced lawyers in the service of the Government in respect to the embarrassing conditions which confronted the ... ...g belligerent are subject to the military authority of the conqueror. The government of places or territory so occupied is essentially of a military... ...ws the breadth of military le a1 practice, The year 1975 also brought the publication of “The ieception of English Military Law into the United st... ...ors, I have undertaken to u rite now on the \ery last day that permits of publication in this issue. I regret that a hurried preparation must result... ...rchil-es. 188\Yilkinson concurred in the President's proposal tu postpone publication of the proceed- ings. J \LOBS. T \R\ISHt.D \\'\RRloR: If \JOR-... ...mulated a consistent philosophy and policy in military cases.3o1 Prior to publication, he discussed his prospective rulings with the service Secreta...

...prefatory comments are those of the author and the editors respectively and do not necessarily reflect the views of The Judge Advocate General or any governmental agency...

...or to World War I. Modern non-ap ropriated fund activities. Regulations ancfnon-appropriated funds. Conclusion. activities. Introduction. The federal government's immunity from State taxation. Early opinions and decisions of fund tax liability. Dugan v. United States: The first case involving the fund's Federal and state taxation of the funds prior to 1920. States begin to...

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The American Military Insanity Defense: A Moral, Philosophical, And Legal Dilemma

By: Captain Charles E. Trant

...share the products of their experience and research. Writings offered for publication should be of direct concern and import in this area of scholar... ...do not necessarily reflect the views of The Judge Advocate General or any governmental agency. Mas- culine pronouns appearing in the pamphlet refer ... ...ions may be purchased from the Superintendent of Documents, United States Government Printing Of- fice, Washington, D.C. 20402. The subscription pri... ...ingle copy is $5.50 for domestic mailing, and $6.90 for foreign mailing. Publication exchange subscriptions are available to law schools and other ... ...o indexed in the Advance Bibliogmphy of Con- tents: Political Science and Government; Legal Contents (C.C.L.P.); Index to Legalperiod- icals; Monthl... ...(C.C.L.P.); Index to Legalperiod- icals; Monthly Catalog of United States Government Publications; Law Review Digest; In- dex to US. Government Peri... ... Index to Legalperiod- icals; Monthly Catalog of United States Government Publications; Law Review Digest; In- dex to US. Government Periodicals; Le... ...ames of granting schools and years received; bar admissions; and previous publications. If the article was a speech or was prepared in partial fulfil... ...The Judge Advocate General’s School, the Depart- ment of the Army, or any governmental agency. This article is based upon a thesis submit- ted by th...

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Judicial Review in Military Disability Retirement Cases

By: Major Daniel J. Meador

...y represent the views of The Judge Advocate General's School or any other governmental agenry. **JAGC, USAR; Dean and Professor of Law, Univenity of... ...ed the question whether it could review an administra- tive ruling that a government civilian employee was not entitled to retirement under the Civi... ... employee was not entitled to retirement under the Civil Service Act. The Government argued that judicial review was precluded. “But,” the Court sai... ...itute ita judgment for that of the administrator. Instead it held for the government and let the administrative determination stand, using such lang... ... been given a hearing before a retiring board. In the Court of Claims the government demurred to the petition; since the court’s decision was simply... ...government-in-exile applied to occupied territory as of the date of their publication in the Official 90 L v. N, No. 21, Ct. of App., Thrace, 1947, ... ...9451 Pasicrisie Belge 1.23, [1943-19451 .4nn. Dig. 432 (So. 148). Regular publication of a Decree-Law in the hloniteur Belge in London. provisional ... ... this study is to seek to bring up to date several prior articles in this publication by this writer discussing Selective Service through 1964.1 We ...

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The Justices and the Generals: The Supreme Court and Judicial Review of Military Activities

By: Colonel Damell L. Peck

...o not necessarily reflect the views of The Judge Advocate General or any governmental agency. SUBMISSION OF ARTICLES: Articles, comments, re- cent... ...ed persons should contact the Superintendent of Documents, United States Government hinting Office, Washington, D.C. 20402. Sub- scription price: $... ... MILITARY ACTIVITIES* Colonel Damell L. Peck** I. INTRODUCTION Orderly government requires that the judiciary be as scrupulous not to interfere w... ...y represent the views of The Judge Advocate General’s School or any other governmental agency. **Colonel, JAGC, US. Army. B.A., 1952; J.D. 1954, Mar... ...ivities. To fully appreciate the current state XAdministrative actions by government agencies other than the military departments themselves, such a... ...Payne, 194 US. 106,109 (1904)(refusal by Postmaster General to classify a publication as a "periodical" entitled to second-class rates). "See, e.g.,... ...e spirit of the Act would be violated. In an article recently written for publication in a law enforcement publication, the author concluded that m... ...disturbances, probably should be forwarded to the '"]Proposed article for publication entitled The Military as a Source ofEquipment Training by Capt...

...Introduction: Orderly government requires that the judiciary be as scrupulous not to interfere with legitimate Army matters as the Army must be scrupulous not to intervene in judicial matters.? A more forceful expression of the need for judicial r...

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Military Law Review-Volume 169

By: Captain Todd S. Milliard

... attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import to military legal schola... ...tions may be purchased from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402; you may call (202) 512-... ... See the subscrip- tion form and instructions at the end of this section. Publication exchange subscriptions are available to law schools and other o... ...dvocates of other military services should request distribution from their publication channels. CITATION: This issue of the Military Law Review may ... ...les are also indexed in A Bibliography of Contents: Political Science and Government; Legal Contents (C.C.L.P .); Index to Legal Periodicals; Monthly... ...ndex to Legal Periodicals; Monthly Catalogue of United States Govern- ment Publications; Index to United States Government Periodicals; Legal Resource... ...talogue of United States Govern- ment Publications; Index to United States Government Periodicals; Legal Resources Index; three computerized databases... ...tary Law Review are reproduced on iii microfiche in Current United States Government Periodicals on Micro- fiche by Infordata International Inc., Sui... ... do not necessarily reflect the views of The Judge Advocate General or any governmental agency. The Editorial Board will evaluate all material submitt...

...cts of their experience and research, and it is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import to military legal scholarship. Preference will be given to those writings having lasting value as reference material for the military lawyer. The Military Law Review encourag...

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Military Law Review-Volume 131

By: Major Matthew E. Winter

... attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholar... ...ions may be purchased from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. Publication exchange s... ...uments, United States Government Printing Office, Washington, D.C. 20402. Publication exchange subscriptions are available to law schools and other ... ...les are also indexed in A Bibliography of Contents: Political Science and Government; Legal Contents (C.C.L.P); Index to Legal Periodicals; Monthly ... ...(C.C.L.P); Index to Legal Periodicals; Monthly Catalogue of United States Government Publications; Index to US. Government Periodi- cals; kgal Resou... ...Index to Legal Periodicals; Monthly Catalogue of United States Government Publications; Index to US. Government Periodi- cals; kgal Resources Index;... ...ues of the Military Law Review are reproduced on microfiche in Current US Government Modicals on Microfiche, by Infordata International Inc., Suite ... ..., Illinois 60611. ii MILITARY LAW REMEW TABLE OF CONTENTS Title Page Government Owned-Contractor Operated Munitions Facilities: Are They Approp... ...ames of granting schools and years received, bar admissions, and previous publications. If the article was a speech or was prepared in partial fulfi...

...roducts 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 will be given to those writings having lasting value as reference material for the military lawyer. The Review encourages frank di...

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Grants of Immunity and Military Law

By: Captain Herbert Green

.... 53 Articles GRANTS OF IMMUNITY AND MILITARY LAW IMPLIED WARRANTIES IN GOVERNMENT CONTRACTS STANDING TO SUE LEAVES THE ARMY STANDING WHERE? THE ... ...-53, Summer). For sale by the Superintendent of Documents, United States Government Printing Office, Washington, D. C. 20402, Price : $.75 (single ... ...age Articles: Grants of Immunity and Military Law Implied Warranties in Government Contracts Standing to Sue Leaves the Army Standing Where? The ... ...ssarily represent the views of The Judge Advocate General’s School or any governmental agency. ** JAGC, U. S. Army; Military Judge, 12th Judicial Ci... ...55). 53 MILITARY LAW REVIEW The privilege applies to a great variety of governmental activi- ties. In addition to all federal and state6 criminal ... ...t in, in connection with the securing, writing about, or assisting in the publication of the information so incorporated in the afore- mentioned art... ... three which appeared in Department of 201 53 MILITARY LAW REVIEW Army publications should be construed as official Army/military definitions. It... ...hatever utility the volume may have had for the layman at the time of its publication had long since evaporated by the time it was superseded in 196... ...dred pages. The sister services could do no worse than consider a similar publication for their line officers. LCDR G. B. POWELL, JR., JAGC, USN* *...

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The Defendants Right to Obtain Evidence: An Examination of the Military Viewpoint

By: Major Arnold I. Melnic

...1 July 1965). For sale by the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, Price: $75 (single cop... ...y represent the views of The Judge Advocate General’s School or any other governmental agency. ** JAGC; Personnel Law Branch, Military Affairs Divis... ...holding). Indeed, theie is no procedure for the witness to be paid by the government, and the government to then be reimbursed by the de- fendant, t... ...ed at the price of revealing the accused’s case and trial strategy to the Government. It is also true that in many commands, the Manual requirements... ... Powell, Some Thoughts On History of the Formative Years As It Relates To Government of the U.S. Army, May 1961, at 145-47 (unpublished thesis in Th... ...16, arts. 22, 23, 25, ch. 419, $ 3, 39 Stat. 23 nounced in the foregoing publication: 654-655 (1916). AGO 8808B 29 MILITARY LAW REVIEW more cho... ...f this study is to seek to bring up to date two previous articles in this publication by this writer discussing Selective Service to the time of mid... ...ry interest to provost marshals and spe- cial staff agencies.23 These two publications appear to be the only provost marshal guidance generally avai... ...r (1954), which, however, has been superseded by the 1958 edition of that publication.27 The appendices appear to be of some value to the busy civil...

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Military Law Review

By: Captain Erik L. Christiansen

... attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import to military legal schola... ...tions may be purchased from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402; you may call (202) 512-... ... See the subscrip- tion form and instructions at the end of this section. Publication exchange subscriptions are available to law schools and other o... ...dvocates of other military services should request distribution from their publication channels. CITATION: This issue of the Military Law Review may ... ...les are also indexed in A Bibliography of Contents: Political Science and Government; Legal Contents (C.C.L.P.); Index to Legal Periodicals; Monthly ... ...ndex to Legal Periodicals; Monthly Catalogue of United States Govern- ment Publications; Index to United States Government Periodicals; Legal Resource... ...talogue of United States Govern- ment Publications; Index to United States Government Periodicals; Legal Resources Index; three computerized databases... ... Military Law Review are reproduced on microfiche in Current United States Government Periodicals on Micro- fiche by Infordata International Inc., Sui... ...o not necessarily reflect the views of The Judge Advo- cate General or any governmental agency. The Editorial Board will evaluate all material submitt...

...ucts of their experience and research and it is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import to military legal scholarship. Preference will be given to those writings having lasting value as reference material for the military lawyer. The Military Law Review encourag...

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Rights Warnings in the Armed Services

By: Captain Fredric I. Lederer

...LEGISLATIVE JURISDICTION UPON CIVIL LITIGATION PROPOSED CODIFICATION OF GOVERNMENTAL IMMUNITIES RECENT DEVELOPMENTS IN COURT-MARTIAL JURI SD I CT... ............... Jurisdiction Upon Civil Litigation ProDosed Codification of Governmental 1mmtinitis:i arid ..I .. Its Effect on Economic Privileges ... ...d persons should contact the Superintendent of Ilocuments, United States Government Printing Office, Washington, I1.C. 20402. Subscrip- tion price:... ...y represent the views of The Judge Advocate General’s School or any other governmental agency. **JAGC, US. Army. Instructor, Criminal Law .Division,... ... enacted into law by the Elston Committee's efforts. The Articles for the Government of the United States Navy, however, had no provision equivalent... ...against American nonap- propriated funds overseas increased greatly after publication of tne Tate Letter.” Noone, Legal Aspects of Non-Appropriated ...

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The Custody Requirement for Habeas Corpus

By: Major Charles A. Cushman

...ctober 1970). For sale by the Superintendent of Documents, United States Government Printing Office, Washington, D. C. 20402. Price : $.75 (single ... ...y represent the views of The Judge Advocate General’s School or any other governmental agency. ** USMC; Military Justice Office, Force Logistic Com... ... his local status.’)131 The petitioner had returned his draft card to the Government “for the sole purpose”132 of express- ing his dissent over the ... ...e opinion that the petitioner is presently in ccnstructive custody of the government by reason of the United States Attorney’s direction to him to r... ... thwarts the function of habeas which is designed “to remeGy any kind of government restraint contrary to fundamental law.”1g6 This is par- ticular...

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Military Law Review-Volume 154

By: Captain Albert R. Veldhuyzen

...ttorneys in connection with their official duties. Writ- ings offered for publication should be of direct concern and import to mil- itary legal sch... ...ions may be purchased from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402; you may call (202) 5 1... ... See the subscrip- tion form and instructions at the end of this section. Publication exchange subscriptions are available to law schools and other ... ...vocates of other military services should request distribution from their publication channels. CITATION: This issue of the Military Law Review may ... ...les are also indexed in A Bibliography of Contents: Political Science and Government; Legal Contents (C.C.L.P.); Index to Legal Periodicals; Monthly... ...dex to Legal Periodicals; Monthly Catalogue of United States Govern- ment Publications; Index to United States Government Periodicals; Legal Resourc... ...alogue of United States Govern- ment Publications; Index to United States Government Periodicals; Legal Resources Index; three computerized database... ...Military Law Review are reproduced on microfiche in Current United States Government Periodicals on Micro- jche by Infordata International Inc., Sui... ... not necessarily reflect the views of The Judge Advo- cate General or any governmental agency. The Editorial Board will evaluate all material submit...

...ucts of their experience and research and it is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import to military legal scholarship. Preference will be given to those writings having lasting value as reference material for the military lawyer. The Military Law Review encourag...

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Military Searches and Seizures

By: Captain Cabell F. Cobbs

... represent the views of The Judge Advocate. General’s School or any other governmental agency. Members, Staff and Faculty, The Judge Advocate Genera... ...dered applicable. 11. SEARCHES AUTHORIZED BY A COMMANDING OFFICER A. Of Government Quarters and Ofjices “A search of property which is owned or co... ...power to fulfill that resp~nsibility.”~~ In essence, the commander is the government of the military com- munity. Since no magistrate exists in the ... ...AW REMEW the confines of a reser~ation,3~ and a footlocker in a military government headquarter^^^ have all been approved. Nor does it seem to mat... ...of laws and regulations and, under other circumstances, the protection of government property. . . .”48 The only possible justification of the fore... ... of physical disability (high blood pressure) to compile and prepare for publication a glossary of meterological terms for the United States Weathe... ...pecial regulations, established post exchanges at all mili- tary With the publication of General Order Number 46, 1895, the post exchange, which is ...

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The Nexus Among Terrorists, Narcotics Traffickers, Weapons Proliferators, And Organized Crime Networks in Western Europe

By: Glenn E. Curtis

...sion, Library of Congress under an Interagency Agreement with the United States Government December 2002 Authors: ... ...92, Italian authorities reported connections between Italian crime groups and the government of Syria. In that relationship, the Italians sold narco... ...ics to purchase weapons that were sold to various Arab clients through the Syrian government. 37 Through Arab intermediaries in several countries, ... ...pecifying the Burkina Faso military as recipient provided cover for the Ukrainian government officials who licensed the shipment. Reportedly, Russia,... ... independence to autonomy for Kurds within the Turkish state. The reaction of the government of Turkey has been severe repression, based on the asse...

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The Freedom of Information Act and Pretrial Discovery

By: Major Wilsie H. Adams

...anuary 1969). For sale by the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, Price : $.75 (single c... ...iscusses the 1966 amendments to 5 U.S.C. 1002, allowing greater access to government agency rec- ords and authorizing federal courts to enjoin agenc... ... Act is the creation of a judicial remedy for the wrongful withholding of Government information from the public. Sub- section (c) of the Act provid... ...y represent the views of The Judge Advocate General’s School or any other governmental agency. Advocate General’s School, U.S. Army; B.S., 1960, Un... ...ress to provide comprehensive legislation in the area of public access to Government informa- tion. This Act is basically an amendment to the “Publi... ...of documents preserved only for conven- ience of reference, and stacks of publications and of processed documents are not included within the defini... ...all materials of the Government are to be made available to the public by publication or otherwise unless explicitly allowed to be kept secret by on... ...ction (e) ,-All of the preceding subsections of S. 1160- requirements for publications of procedural matters and for dis- closure of operating proce... ...ubsection (e), containing the exemp- tions, applies to all of the various publication and disclosure require- ments of the new section 3. Adoption o...

...Excerpt: This article discusses the 1966 amendments to 5 U.S.C. 1002, allowing greater access to government agency records and authorizing federal courts to enjoin agencies from unreasonably withholding such records. Procedure under this Freedom of Information Act, as amended, is compared with discovery proceedings under...

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Military Law Review-Volume 144

By: Captain Stuart W. Risch

...ttorneys in connec- tion with their official duties. Writings offered for publication should be of direct concern and import in this area of scholar... ...e, and Literature Office for the past fif- teen years, assisting with the publication of over sixty-five volumes of the Military Law Review and over... ...ions may be purchased from the Superintendent of Documents, United States Government Print- ing Office, Washington, D.C. 20402. Publication exchange... ...ents, United States Government Print- ing Office, Washington, D.C. 20402. Publication exchange subscrip- tions are available to law schools and othe... ...vocates of other military services should request distribution from their publication channels. CITATION: This issue of the Review may be cited as 1... ...s are also indexed in A Bibliogra- phy of Contents: Political Science and Government; Legal Contents (C,C.L.P); Index to Legal Periodicals; Monthly ... ...(C,C.L.P); Index to Legal Periodicals; Monthly Catalogue of United States Government Publications; Index to United States Government Periodicals; Le... ...i- tary Law Review are reproduced on microfiche in Current United States Government Periodicals on Microfiche, by Infordata Interna- tional Inc., S... ...do not necessarily reflect the views of The Judge Advocate General or any governmental agency. The Board will evaluate all material submitted for pu...

... service. Ms. Skinner was the Editorial Assistant in the Developments, Doctrine, and Literature Office for the past fifteen years, assisting with the publication of over sixty-five volumes of the Military Law Review and over 200 issues of The A m y Lawyer. The Editorial Board congratulates Ms. Skinner on her outstanding achievements, expresses its gratitude for her excelle...

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