Social and Behavioral Sciences Commons^™

Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams

Global Tides

Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules …

Oil. The Geopolitics Of Oil And Iraq, Issam Al-Chalabi

New England Journal of Public Policy

The author deals only with the recent developments that will shape the destiny of Iraq and determine whether it will remain a unified country or disintegrate. He is not optimistic.

Law And The Making Of Slavery In Colonial Virginia, Ashton Wesley Welch

Ethnic Studies Review

Some authorities from the antebellum period to the present have located the source of the American law of slavery in continental civil law codes and hence in Roman slave law. They have been unable or unwilling to connect the brutal system of institutionalized racial slavery that emerged in Virginia and elsewhere in the American slave kingdom with what they have perceived as an open, freedom-favoring Anglo-American legal system and have thus sought an explanation of its legal underpinnings in other jurisdictical standards. Both the absence of chattel slavery in English law and the common law's claimed bias in favor of …

Engendering Accountability: Gender Crimes Under International Criminal Law, Richard J. Goldstone, Estelle A. Dehon

New England Journal of Public Policy

Gender crimes, such as rape, sexual assault, sexual slavery, and forced prostitution, have always been perpetrated during war, yet the laws of war have been slow to acknowledge these crimes and to bring their perpetrators to justice. This article examines the response of the International Criminal Tribunals for the Former Yugoslavia and Rwanda to this lacuna in international law, and analyzes the mainly positive developments they have made in this area in relation to the definition of rape and to the prosecution of gender crimes as crimes against humanity, war crimes, grave breaches of the Geneva Conventions, and genocide. It …

Demining Law In Bosnia And Herzegovina, Marija Alilovic

The Journal of Conventional Weapons Destruction

In February 2002, a unique state-level Bosnia and Herzegovina Mine Action Center (BHMAC) structure was created. The adopted law created a legal framework for demining operations in Bosnia and Herzegovina. Following is an overview of the BHMAC structure and operations.

The Suppression Of Diversity, Adrian J. Lottie, Phyllis A. Clemens Noda

Ethnic Studies Review

Is it a systematic strategy or a mutation of millennial ferver that drives the escalating challenges to the civil rights of this nation's racial, linguistic, and national origin minorities? Increasing juridical, legislative, and popular assaults on affirmative action policies coupled with the sometimes less heralded emergence of a de facto U.S. language policy are sweeping through the states. These activities draw on a consistent repertoire of approaches from the invocation of the very language and concepts of the civil rights movement to the isolationist "buzz-words" of early twentieth century advocates of "Americanization." In an effort to legitimize their efforts this …

Ethnic And Racial Definitions As Manifestations Of American Public Policy, Ashton Wesley Welch

Ethnic Studies Review

Official definitions of race and ethnicity in American law reveal a great deal about public policy in an environment of ethnic pluralism. Despite some ambiguity over who is black or Hispanic or an Aleut, relatively few people fall between the wide cracks in the American patchwork of identity classifications. Those cracks, however, tell us a great deal about the ambivalence of the American polity toward ethnicity.1

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.

Public Access To Legal Resources On The Internet, Alice M. Mccanless

The Southeastern Librarian

In the not so distant past, before the Internet, doing legal research necessitated access to either a substantial law collection or one of the expensive legal databases, Lexis-Nexis or Westlaw. That limited legal reference to law librarians, some special librarians and reference librarians at large university or public libraries. The Internet has changed all of that, giving any library with an Internet connection access to a wealth of current law, especially at the state and federal level.

Based on a presentation at the Joint Conference of the Georgia Council of Media Organizations and Southeastern Library Association on October 12, 2000.

Ethnic Identity, Risk, And Protective Factors Related To Substance Abuse Among Mexican American Students, Edward Codina, Zenong Yin, Jesse T. Zapata, David S. Katims

Ethnic Studies Review

This study examines the relationship between ethnic identity, risk and protective factors for substance use and academic achievement. Risk factors include deviant behavior and susceptibility to peer influence, while the protective factor is self-reported "confidence" not to use substances. The sample consists of 2,370 Mexican American students enrolled in eighth, ninth, and tenth grades. Results of the analysis (MANOVA) revealed that females had more positive ethnic identity than males. Furthermore, males were significantly more susceptible to peer influence, reported higher levels of deviant behavior, used more substances and had lower grade point averages than females. There was no significant difference …

Ethnicity And The Jury System, Ashton Wesley Welch

Ethnic Studies Review

Discrimination in the jury system has been a matter of constitutional and ethical concern at least since the mid-nineteenth century. Ethnic and linguistic minorities have been disadvantaged by the use of the peremptory challenge, statutory requirements, and administrative practices which compromised the Sixth Amendment provision for a jury of one's peers with its implication for juror impartiality. Attacks on the discriminatory applications of those systems and practices resulted in reduction, as gradual as it was, of the exclusionary practices. Batson vs Kentucky made the Sixth Amendment guarantee more reachable for ethnic and linguistic minorities.

Silencing The Silencers: Reclaiming A Public Voice For Christian Faith, Jonathan Chaplin

Pro Rege

No abstract provided.

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.

Trends. Deep In The Heart Of Texas: Threat Of Violence And The Duty To Warn, Ibpp Editor

International Bulletin of Political Psychology

The article discusses violence in the mentally ill and the obligation to report potential threats.

Is Coke The Real Thing? The Pause That Refreshes? Hysterical Blindness On Hysteria In Belgium, Ibpp Editor

International Bulletin of Political Psychology

This article comments on the outbreak of symptoms allegedly reactive to imbibing Coca-Cola in Belgium, journalistic coverage of the outbreak, and the relationship between the two.

Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor

International Bulletin of Political Psychology

This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.

Moral Reasons And The Limitation Of Liberty, Jeffrie G. Murphy

William & Mary Law Review

No abstract provided.

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.

The Political Psychology Of Child Molestation: Import For The Rule Of Law, Ibpp Editor

International Bulletin of Political Psychology

This article describes the problematic nature of child molestation for the rule of law.

[Review Of] David Delaney. Race, Place, & The Law, David L. Hood

Ethnic Studies Review

David Delaney's work is informative and contributes to an understanding of race relations and the legal system. The central finding is that race relations exist in different spatial contexts at the same time. The author begins with the case Commonwealth v. Aves, 18 Pick. 193 (1836) which focuses on a young slave girl, "Med" and her freedom. The cause of action involved the movement of the servant girl to Massachusetts by her Louisiana master. The master was visiting relatives. Under Louisiana law Med was a slave, but Massachusetts law did not permit slavery.

Eradication Of Banking Malpractices In Nigeria: Will Law Alone Succeed?, I. Joe Goldface-Irokalibe

Economic and Financial Review

The place of banks in the economic life of any nation is so strategic that every effort is made by the appropriate national authorities to regulate and effectively supervise banking business. This objective is often achieved through the mechanism of laws designed to purge the banking system of diverse frauds, and malpractices. This paper presents a general compendium of the socio-economic, as well as the cultural background that foster and sustain banking frauds and diverse malpractices in Nigeria. This is followed by an analysis of the various types of malpractices prevalent in the banking system, among which are malpractices by …

Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Russell Endo

Explorations in Ethnic Studies

Law in the United States may of course be viewed through a number of different perspectives. Over the past several decades, racial minorities have used litigation and legislation to reform institutional policies and practices, and this has given impetus to perspectives of law as a significant tool of constructive social change. While such frameworks have validity, Malik Simba's paper is a relevant reminder of the ideological and coercive dimensions of law and of its long history as a means of oppressing racial minorities.

Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Otis L. Scott

Explorations in Ethnic Studies

For all intent and purposes the United States of America in 1927 was an apartheid state. The Plessy v. Ferguson decision in 1896 determined that the best social policy for this nation to pursue was one which required racial separation. The Plessy decision essentially capped a series of Supreme Court decisions which underscored the destruction of Reconstruction and the return of "states rights" to southern governments. Decisions like the Slaughter House Cases (1872) and the Civil Rights Cases (1883) gave clear evidence of the federal government's hasty retreat from serving as an advocate for the civil rights of African Americans.

Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity, Malik Simba

Explorations in Ethnic Studies

In the constitutional case of Gong Lum v. Rice (1927), the United States Supreme Court, composed entirely of Bok Guey (whites), adjudged Hon Yen (Chinese) to be in the same social classification as Lo Mok (blacks).[1] The case, which pertained to "racially" segregated schools, reveals the problematic of law, race, and ethnicity.

Admissibility Of Scientific Evidence - An Alternative To The Frye Rule, Andre A. Moenssens

William & Mary Law Review

No abstract provided.

Chinese Law And Justice: Trends Over Three Decades, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …

Police And Law In A Democratic Society, Jerome Hall

Indiana Law Journal

This paper consists of three public lectures delivered at the University of Chicago Law School on July 15, 22, and 23, 1952, as part of a conference on Police and Racial Tensions.