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Can Soldiers Be Peace Officers? The Waco Disaster And The Militarization Of American Law Enforcement, David B. Kopel, Paul M. Blackman

Akron Law Review

One of the most significant trends of federal law enforcement in the last fifteen years has been its militarization. The logical, perhaps inevitable, consequence of that militarization was seen in the disaster at Waco, Texas, resulting in the deaths of four federal agents, and seventy-six other men, women, and children. In this article, we use the Waco tragedy as a starting point to examine the militarization of federal law enforcement, and similar trends at the state and local level.

Part Two of this article sets forth the details and rationale of the Posse Comitatus Act--the 1878 law forbidding use of …

A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky

Pace International Law Review

Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …

Taxation Of Prepaid Tuition Plans And The 1997 Tax Provisions - Middle Class Panacea Or Placebo? Continuing Problems And Variations On A Theme, Eric A. Lustig

Akron Law Review

This article addresses the continuing tax issues and policies attendant to one form of financing the costs of higher education -- prepaid tuition plans. These plans generally allow one to purchase tuition in advance for future use. One attraction of such a plan is that the purchaser can lock in tuition at present rates, thus protecting against inflation and other tuition hikes. Moreover, favorable tax treatment exists as the build up of benefits is generally tax-free to the purchaser, which provides a significant advantage over other savings programs. Although prepaid tuition plans have been in existence for a number of …

Law & Lawyering In The Work Place: Building Better Lawyers By Teaching Students To Exercise Critical Judgment As Creative Problem Solver, Alan M. Lerner

Akron Law Review

This article is about the evolution of that course from the earliest planning through its presentation. Hopefully, having the two of us involved in the day-to-day teaching of the course would send the message to our students that collaboration was a positive aspect of the learning and lawyering processes. Additionally, we hoped that the students would see that “academic” and “clinical” faculty are partners in their legal education.

Why A Fundamental Right To A Quality Education Is Not Enough, James Wilson

Akron Law Review

This article relies upon the political and economic analysis of such great thinkers as Aristotle and Rousseau to understand and normatively evaluate constitutional caselaw in general and education cases in particular. The article’s title contains its conclusion: a judicially created right to a quality education is a laudable, but possibly counterproductive and definitely insufficient condition, for creating a humane constitutional system. The rest of society needs to do far more to protect the average citizen and worker from the ever-ravenous ruling class. All the edification in the world will not mean much if there are only a few decent jobs …

How It All Started - And How It Ended: A Legal Study Of The Korean War, Howard S. Levie

Akron Law Review

Before taking up the basic subject of the discussion which follows, it would appear appropriate to ascertain just what events led to the creation of two such disparate independent nations as the Republic of Korea (hereinafter referred to as South Korea) and the Democratic People’s Republic of Korea (hereinafter referred to as North Korea) out of what had been a united territory for centuries, whether independent or as the possession of a more powerful neighbor, Japan — and the background of how the hostilities were initiated in Korea in June 1950.

Entire Issue Volume 5, Number 4

The Primary Source

Complete issue of Vol. 5, No. 4 of The Primary Source.

Direct Shipment Of Wine, The Commerce Clause And The Twenty-First Amendment: A Call For Legislative Reform, Lloyd C. Anderson

Akron Law Review

Many states prohibit out-of-state sellers of wine from shipping their product directly to consumers, but permit in-state wine producers to engage in such direct shipment. Recent lower federal court decisions have cast serious constitutional doubt upon the authority of a state to discriminate in this manner against wine producers and sellers from other states in favor of its own domestic wine industry. This issue appears headed for the Supreme Court of the United States in the near future. The outcome cannot be foreseen with certainty, but it is likely the Court will find this discrimination unconstitutional.

‘Twas not always so. …

Volume 34, Issue 1: Full Issue, Manuscripts Staff

Manuscripts

No abstract provided.

World Affairs: Its Place In The College Curriculum, Don Vassallo

Manuscripts

No abstract provided.

Subcontinental Nuclear Instability: The Spiralling Nightmare, Vijay Shankar

International Journal of Nuclear Security

The scheme that carved world order during the Cold War was a pitched battle for 'containment' against burgeoning communism. In turn, rationality gave way to the threat of catastrophic nuclear force as the basis of stability. If at all there is a historical lesson to be learned from that experience then it is that stability begins with serious and sustained dialogue between leadership; the alternative being what Kennedy termed "the peace of the grave." An appraisal of the contemporary global state of nuclear affairs will suggest that the three pillars of nuclear stability, namely, non-proliferation, control of fissile material production, …

Innovation And National Security: The Loss Of Economic And Military Strength Through The Theft Of Ideas, Matthew D. Pedersen

Strategic Informer: Student Publication of the Strategic Intelligence Society

No abstract provided.

Let Slip The Dogs Of War: The Use Of Private Security Contractors In Modern Warfare, Jon B. Mitchell

Strategic Informer: Student Publication of the Strategic Intelligence Society

No abstract provided.

Red Teaming: Agroterrorism, Stephen M. Parke

Strategic Informer: Student Publication of the Strategic Intelligence Society

No abstract provided.

Human Existence, Tammy Haines

Manuscripts

No abstract provided.

On The Ritualistic Chruch Ceremony, Nancy Goodman

Manuscripts

No abstract provided.

Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean O'Brien, Kathleen Wayland

Faculty Works

Overreliance on psychiatric diagnostic labels in the defense of death penalty cases risks triggering prejudicial associations in the minds of decision-makers. This article emphasizes the importance of developing a mitigating counter-narrative of the defendant’s life story, based on an extensive longitudinal and developmental investigation of the defendant and his family’s life trajectory. It is the client’s life story, not diagnostic labels, that reveals his humanity. Cognitive psychology provides a useful framework for explaining human perceptions, and how implicit or explicit biases can interfere with the objective interpretation of data in ways that affect judgment and behavior.

International Humanitarian Law Divergence, Lesley Wexler

Pepperdine Law Review

How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …

Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham

Pepperdine Law Review

What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …

Transdisciplinarity: A Review Of Its Origins, Development, And Current Issues, Jay H. Bernstein

Publications and Research

Transdisciplinarity originated in a critique of the standard configuration of knowledge in disciplines in the curriculum, including moral and ethical concerns. Pronouncements about it were first voiced between the climax of government-supported science and higher education and the long retrenchment that began in the 1970s. Early work focused on questions of epistemology and the planning of future universities and educational programs. After a lull, transdisciplinarity re-emerged in the 1990s as an urgent issue relating to the solution of new, highly complex, global concerns, beginning with climate change and sustainability and extending into many areas concerning science, technology, social problems and …

Maya Arce, Et Al. V. Diane Douglas, Et. Al, Lorraine Bannai, Robert Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic, Seattle University School Of Law

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies

The Prayer Of Holy Willie: A Canting, Hypocritical, Kirk Elder, Patrick G. Scott

Faculty Publications

Robert Burns wrote this famous satire on religious hypocrisy in 1785, but he did not include it in his first book Poems, Chiefly in the Scottish Dialect (1786) or in any edition published in his life-time. This edition makes accessible for the first time the locally-produced chapbook in which the poem was first printed, in 1789. The introduction discusses why the poem was written, the controversial background to the poem's first printed version, and the reasons for thinking the 1789 chapbook version was printed by John Wilson of Kilmarnock, who had printed Burns's first book three years before. An appendix …

"Verdun: The Longest Battle Of The Great War (Book Review)" By Paul Jankowski, Nathaniel L. Moir

Canadian Military History

No abstract provided.

"Modern Warfare: Armed Groups, Private Militaries, Humanitarian Organizations, And The Law (Book Review)" Edited By Benjamin Perrin, David A. Borys

Canadian Military History

No abstract provided.

The Barrier And The Damage Done Converting The Canadian Mounted Rifles To Infantry, December 1915, William Stewart

Canadian Military History

No abstract provided.

The Second Battle Of Ypres And 100 Years Of Remembrance, Ryan B. Flavelle

Canadian Military History

No abstract provided.

The Second Battle Of Ypres, Colonel G.W.L. Nicholson

Canadian Military History

No abstract provided.

"The List Of The Nation’S Heroes": Voluntary Enlistment In Chatham, Ontario 1914-1916, Matt Baker

Canadian Military History

No abstract provided.

New Brunswick’S Artillery Goes To War, 1914-1915, Lee Windsor, Roger Sarty

Canadian Military History

No abstract provided.

Did The French Canadians Cause The Conscription Crisis Of 1917?, Desmond Morton

Canadian Military History

No abstract provided.