Word: laws
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Dates: during 1960-1969
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Thesis Turned Boole. Other law schools have also encouraged students to dig into the issues raised by Viet Nam. Last week a student-faculty committee at U.C.L.A. Law School decided to try to start a Viet Nam-and-the-law course in the fall. If approved by the faculty, it will be given for credit. New York University Law School started a seminar on the subject for third-year men this semester. Students have also been probing Viet Nam on their own. The most extensive effort so far is a new book, Law and Viet Nam, by two 1967 Yale...
...book was originally meant as a law-school thesis, and the pair spent both their second and third years working on it. It earned a top grade-and a contract from Oceana Publications, a specialist in international-law texts. The authors started out as neither hawks nor doves. They merely sought to discover the pertinent law on a few of the same problems that the Harvards will be investigating. The results will surprise many people, including lawyers, who sincerely consider the war not only immoral but illegal as well...
...then document the North's aid to and control of the Viet Cong and conclude that it is a war of aggression to which the U.S. may respond. But even if it were only an internal conflict within South Viet Nam, Hull and Novogrod report that accepted international law says that any country, if asked, may aid the existing government; no country may aid the insurgent. "Admittedly," say the authors, "existing law favors the established government. Admittedly too, at a time when many areas of the world are attempting to break the shackles of colonialism, this result may seem...
Quiet Objection. How about U.S. law? Hull and Novogrod submit that although the Constitution gives Congress the sole right to declare war, the key word is "declare." The drafters rejected a proposed constitutional phrase giving Congress the right to "make" war. "Declare" was substituted, and, say the authors, "clearly the framers intended to give the President the power to meet a sudden attack without a congressional declaration of war." In addition, Congress has ratified the SEATO Treaty, which provides for aid to member nations threatened by external forces, and it has passed the Tonkin Resolution, which even Senator William Fulbright...
Certainly not all law students or professors agree. Indeed, a notably quiet antiwar petition is currently being circulated at a number of law schools, urging lawyers "to work for a change in every legitimate way they can." Among the signers: Alan Dershowitz, founder of Harvard's Viet Nam course...