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Full-Text Articles in Law

Military Wannabes, Officer Friendly Evolves To Officer Kill & Destroy: Militarization Of Police Threatens Posse Comitatus, Christopher C. Cooper Apr 2010

Military Wannabes, Officer Friendly Evolves To Officer Kill & Destroy: Militarization Of Police Threatens Posse Comitatus, Christopher C. Cooper

Christopher C. Cooper Dr.

MILITARY WANNABES, OFFICER FRIENDLY EVOLVES TO OFFICER KILL & DESTROY: MILITARIZATION OF POLICE THREATENS POSSE COMITATUS BY PROFESSOR CHRISTOPHER C. COOPER, JD, ESQ., PHD. (Visiting FULBRIGHT SCHOLAR) University of Akureyri, Iceland Department of Law and Social Sciences cooperlaw3234@gmail.com (C) COPYRIGHT, ALL RIGHTS RESERVED TO AUTHOR. JANUARY 2009 DO NOT COPY WITHOUT PERMISSION FROM AUTHOR ABSTRACT This article takes the position that the strength of the Posse Comitatus Act has been and continues to be completely eroded by many U.S. Police Departments having established the equivalent of armies. The underlying foundation of the Posse Comitatus Act is the objective of no military involvement in one’s life. When the police become the military (regardless if the transformation is done without authorization from the U.S. government) the spirit of the Posse Comitatus Act is trampled. The Posse Comitatus Act holds that the military cannot function as the police. The Act is subverted when the opposite occurs---that is, the police become the military. Militarization of police agencies (as is being done in Chicago and many other U.S. venues) is a backdoor strategy to employ exactly what has been proscribed/outlawed by the Posse Comitatus Act. This article is objecting to police carrying M16 rifles and grenade launchers [by example] and dressed like soldiers on ROUTINE PATROL of residential communities in the U.S. Militarization of the police hampers police community relations and causes citizens to feel under siege by police. Police department’s officers are trained to enable Constitutional due process safeguards, armies are not designed with this purpose-- armies are trained to kill. The real likelihood is that the problem of militaristic policing is compounded by many men with militaristic aspirations but lacking courage for military service; rather using police work and low-income residential communities as way to achieve machismo and masculinity. The 2008 military style raid by police in Berwyn Heights Maryland, resulting in officers killing 2 family pets and the officers having bound the Mayor and his mother- in law for more than 2 hours, was perhaps, the first time that many Americans outside of the country’s ghettos and minority communities, became aware of the frequent use of police-military operations and No-Knock warrants in and on residences in the U.S. It is immoral and unacceptable ...


From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler Mar 2010

From Immutable To Existential: Protecting Who We Are And Who We Want To Be With The 'Equalerty' Of The Substantive Due Process Clause, Aaron J. Shuler

Aaron J Shuler

Abstract Scholars have written about the duality of the substantive due process and equal protection doctrines and described how they have worked in tandem, although many academics have focused on, or outright called for, a preference for the use of the equal protection clause. Another contingent of the academic community, however, has discussed the favored use of substantive due process in the last fifty years in providing equal treatment for all groups by ferreting out discrimination against marginalized minorities. Scholars have also separately alluded to substantive due process’ ability to protect the most existential of liberties. This works seeks to ...


The Children's Rights Amendment And Family Law, Fergus Ryan Feb 2010

The Children's Rights Amendment And Family Law, Fergus Ryan

Other resources

This blog entry is part of a carnival blog posted to http://humanrightsinireland.wordpress.com/ It addresses the provisions of the proposed constitutional amendment on children's rights, as formulated by the Joint Oireachtas Committee on the Constitutional Amendment on Children, published in February 2010. This brief comment analyses the proposal, with particular reference to its potential impact on children in non-traditional family units.


The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris Jan 2010

The Greatest Legal Movie Of All Time: Proclaiming The Real Winner, Grant H. Morris

Grant H Morris

In August, 2008, the ABA Journal featured an article entitled: “The 25 Greatest Legal Movies.” A panel of experts, described in the article as “12 prominent lawyers who teach film or are connected to the business” selected “the best movies ever made about lawyers and the law.” This distinguished panel ranked its twenty-five top legal movies, choosing To Kill a Mockingbird as its number one legal movie. The panel also selected twenty-five films as “honorable mentions,” which were listed in alphabetical order. In my opinion, however, the real greatest legal movie of all time was not selected as the winner ...


Why Same-Sex Marriage Will Not Repeat The Errors Of No-Fault Divorce, Austin R. Caster Jan 2010

Why Same-Sex Marriage Will Not Repeat The Errors Of No-Fault Divorce, Austin R. Caster

Austin R Caster

Because so many negative ramifications resulted from changing marriage laws through no-fault divorce legislation, it is understandable that those who rightfully feared no-fault divorce would also fear any additional changes to the definition of marriage. Those fears are unfounded as applied to same-sex marriage legislation, however, because the same consequences resulting from no-fault divorce do not apply to same-sex marriage. Whereas changing marriage exit rights through laws such as no-fault divorce legislation resulted in an increased divorced rate throughout the world, the opposite has happened in countries that have allowed same-sex marriage laws by changing marriage entrance rights. Society has ...


Graham V. Florida: Justice Kennedy's Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead Jan 2010

Graham V. Florida: Justice Kennedy's Vision Of Childhood And The Role Of Judges, Tamar R. Birckhead

Tamar R Birckhead

This short essay examines Graham v. Florida, the United States Supreme Court decision holding that the Eighth Amendment’s Cruel and Unusual Punishments Clause does not permit a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. This essay argues that Justice Anthony Kennedy’s majority opinion is grounded not only in Roper v. Simmons, which invalidated the death penalty for juvenile offenders on Eighth Amendment grounds, and Kennedy v. Louisiana, which held that the Eighth Amendment prohibited the death penalty for the offense of rape of a child, but also in Establishment Clause ...


Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee Jan 2010

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

Faculty Scholarship at Penn Law

No abstract provided.


Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis Jan 2010

Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Oakes Finkelstein, Michael Lewis

Faculty Scholarship at Penn Law

No abstract provided.


Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr. Jan 2010

Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Book Review Of Beau Breslin, "From Words To Worlds: Exploring Constitutional Functionality", Robert Tsai Dec 2009

Book Review Of Beau Breslin, "From Words To Worlds: Exploring Constitutional Functionality", Robert Tsai

Robert L Tsai

This is a review of Beau Breslin's book, "From Words to Worlds: Exploring Constitutional Functionality" (Johns Hopkins, 2009). As an antidote to what he believes to be scholarly marginalization of the "unique" aspects of a written constitution, Breslin focuses attention on seven functions of such a legal text: transforming existing orders, conveying collective aspirations, designing institutions, mediating conflict, recognizing claims of subnational communities, empowering social actors, and constraining governmental authority. This review briefly critiques Breslin's functional approach and discusses two of the more pressing goals of modern constitutionalism: managing social conflict and preserving cultural heritage.


The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder Dec 2009

The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, Or Judicially-Constructed “Victor’S Impunity”?, C. Peter Erlinder

C. Peter Erlinder

ABSTRACT The U.N. Security Council Ad Hoc Rwanda Tribunal: International Justice, or Juridically-Constructed “Victor’s Impunity”? Prof. Peter Erlinder [1] ________________________ “…if the Japanese had won the war, those of us who planned the fire-bombing of Tokyo would have been the war criminals….” [2] Robert S. McNamara, U.S. Secretary of State “…and so it goes…” [3] Billy Pilgrim (alter ego of an American prisoner of war, held in the cellar of a Dresden abattoir, who survived firebombing by his own troops, author Kurt Vonnegut Jr.) Introduction Unlike the postWW- II Tribunals, the U.N. Security Council tribunals for ...