American courts, faced with public resistance to conscription, have long attempted to strike a balance between the government\u27s interest in compelling military service and the citizen\u27s interest in resisting it. This Article traces the development of judicial review of administrative decisions in the conscription process. The Article first examines three historical periods in the development of standards of review. The Article then suggests that the requirement that the Selective Service System state reasons for the denial of a registrant\u27s deferment request should not be based on the need to facilitate administrative decisions and judicial review, but on the registrant\u27s right to due process
Appellant, a Jehovah\u27s Witness, claimed exemption from service under the Selective Training and S...
Full-text available at SSRN. See link in this record.This is the second of two articles developing a...
This article challenges the conventional view of the pervasiveness of American-style judicial review...
American courts, faced with public resistance to conscription, have long attempted to strike a balan...
A registrant may obtain judicial review of Selective Service action in any of three possible ways. I...
The conscientious objector remains a problem for the military because of the conflicting administrat...
Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of...
Discharged servicemen, unable to find employment, complain that the military\u27s administrative dis...
The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of ...
United States v. Atherton involved a local draft board\u27s denial, on erroneous legal grounds, of a...
The purpose of this Comment is to restate the law of reopening as developed by the Act, the regulati...
In 1954 petitioners were discharged from the Army in form other than honorable. Petitioner Harmon ...
Judicial deference to federal agency expertise is appropriate. What is not appropriate is the judici...
On January 1, 2016, all previously closed frontline military occupations were opened to women for th...
The Administrative Procedure Act of 1946 paves an essential avenue to the courthouse door for plaint...
Appellant, a Jehovah\u27s Witness, claimed exemption from service under the Selective Training and S...
Full-text available at SSRN. See link in this record.This is the second of two articles developing a...
This article challenges the conventional view of the pervasiveness of American-style judicial review...
American courts, faced with public resistance to conscription, have long attempted to strike a balan...
A registrant may obtain judicial review of Selective Service action in any of three possible ways. I...
The conscientious objector remains a problem for the military because of the conflicting administrat...
Section 1113 of the Department of Defense Authorization Act passed in 1982 prohibits the receipt of...
Discharged servicemen, unable to find employment, complain that the military\u27s administrative dis...
The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of ...
United States v. Atherton involved a local draft board\u27s denial, on erroneous legal grounds, of a...
The purpose of this Comment is to restate the law of reopening as developed by the Act, the regulati...
In 1954 petitioners were discharged from the Army in form other than honorable. Petitioner Harmon ...
Judicial deference to federal agency expertise is appropriate. What is not appropriate is the judici...
On January 1, 2016, all previously closed frontline military occupations were opened to women for th...
The Administrative Procedure Act of 1946 paves an essential avenue to the courthouse door for plaint...
Appellant, a Jehovah\u27s Witness, claimed exemption from service under the Selective Training and S...
Full-text available at SSRN. See link in this record.This is the second of two articles developing a...
This article challenges the conventional view of the pervasiveness of American-style judicial review...