Word: charterers
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...alleged sexual prowess. Boner also played harmonica while a rambunctious Peel sang Rocky Top. Donahue rightly charged that Boner's conduct came "very close to giving the finger" to Nashville. And Nashville seemed ready by last week to reciprocate. Unfortunately, Boner's constituents have found that the city charter fails to provide for recall. Unless he decides to resign -- or collapses in his bedroom -- it looks as if Nashville is stuck with him for another 11 months...
...long-standing legal principle that American states cannot provide less protection for individual $ rights than the U.S. Constitution, but they can provide more. And state decisions are immune from challenge at the federal level so long as they have an independent and adequate basis in the homegrown charter...
Some state judges go so far as to argue that their high courts are better instruments of democracy than the federal bench because voters can remove state judges and can amend state constitutions more easily than they can change the federal charter. But even some liberals, including New York Governor Mario Cuomo, are uneasy about the revival of state judicial influence. They see it as a warning sign that the federal system as a whole has abdicated responsibility for setting national standards of justice. Declared Cuomo: "I do not believe the fundamental liberties and rights of members of our national...
...about an undeclared war? That raises the problem of the legitimacy of the war itself. Abraham Sofaer, former legal counsel to the State Department, and others advance this argument: Article 51 of the United Nations Charter recognizes the right of self-defense against armed attack, not only for the victim nation but also for others coming to its aid. Kuwait has appealed for help under Article 51, and the U.N. Security Council has in effect underwritten that appeal by passing resolutions condemning Iraq. Thus the U.S. could legitimately strike Iraq and exercise all the rights of a belligerent, including...
Without the luxury of a further provocation from Iraq -- an invasion of Saudi Arabia, the killing of Western hostages or some other horror -- it may fall to the Kuwaiti Emir to request that the United Nations act militarily. The collective-security provisions embodied in the U.N. Charter's Article 51 could provide the legal fig leaf for an internationally sanctioned war against Iraq while preserving at least some element of tactical surprise...