Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Social and Behavioral Sciences

Religious Minorities And Shari’A In Iraqi Courts, Haider Ala Hamoudi Jan 2013

Religious Minorities And Shari’A In Iraqi Courts, Haider Ala Hamoudi

Articles

There is a rising interest in our academy in the study of constitutional states, particularly in the Islamic world, whose legal and constitutional structure is at least as a formal matter both founded on and subject to religious doctrine. For those of us interested in the Arab spring, and indeed in constitutionalism in much of the Islamic world, this work is not only valuable, but positively vital. Without it, we are unable to discuss most emerging Arab democracies in constitutional terms. In Iraq, and in Egypt after it, two of the premier Arab states which have recently seen constitutions approved …


The Will Of The (Iraqi) People, Haider Ala Hamoudi Jan 2011

The Will Of The (Iraqi) People, Haider Ala Hamoudi

Articles

While there has been much literature on the Iraqi constitution of both the scholarly and popular media variety, attention to contemporary Iraqi judicial decisions, and in particular those of the Iraqi Federal Supreme Court, has been far less pronounced. In fact, my own search has not led me to a single published law review article on the subject. There is some irony to this – it is, after all, rather difficult to address the concept of constitutionalism in any state without reference to constitutional praxis, and the judiciary is, at the very least, an integral participant in that praxis. I …


Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi Jan 2010

Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi

Articles

Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …


Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi Jan 2008

Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi

Articles

There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …


Waging A Private War: Us Security Contractors In Iraq, Tom Clonan Jan 2007

Waging A Private War: Us Security Contractors In Iraq, Tom Clonan

Articles

Iraq’s Prime Minister, Nouri al-Maliki has repeatedly expressed grave misgivings about the activities of US ‘Private Military Company’ (PCM) Blackwater Security and has cited at least seven shooting incidents involving the company’s security contractors which have led to the deaths of dozens of Iraqi citizens. Headquartered in Moyock, North Carolina, Blackwater – which is under contract to the US State Department - is currently operating in Iraq without an Iraq Interior Ministry licence. This absence of Iraqi oversight is compounded by a 2004 Coalition Provisional Authority law signed by Paul Bremer which grants Blackwater immunity from prosecution under Iraqi law. …


Thunderbirds: Female Combat Pilots Us Air Force, Tom Clonan Jan 2007

Thunderbirds: Female Combat Pilots Us Air Force, Tom Clonan

Articles

The United States Air Force Air Demonstration Squadron, the USAF Thunderbirds Squadron has performed aerobatic manoeuvres worldwide since its inception in 1953. This year, for the first time in the unit’s history, the Thunderbirds will fly to Ireland to perform at the Salthill Air Show on Sunday the 24th of June. The Thunderbird’s performance at Salthill will be its first ever in Ireland and the unit’s first deployment to Europe since the 9/11 attacks in 2001 and the subsequent invasions of Afghanistan and Iraq. The Thunderbirds Squadron consists of six F-16 C fighter jets flown by experienced combat pilots chosen …


Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi Jan 2005

Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi

Articles

This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was …


Nothing Can Replace Our Son, Ian Kilroy Feb 2004

Nothing Can Replace Our Son, Ian Kilroy

Articles

‘Nothing Can Replace Our Son’ is about US casualties in the war in Iraq that began in March 2003. It features parents who have lost children fighting for the US side.


Images Of Us Troops Abusing Iraqis Constitute War Crimes, Tom Clonan Jan 2004

Images Of Us Troops Abusing Iraqis Constitute War Crimes, Tom Clonan

Articles

Article three of the Geneva Convention in relation to the treatment of Prisoners of War is explicit and unequivocal. It prohibits ‘violence to life, in particular murder of all kinds, mutilation, cruel treatment and torture’. It also outlaws ‘outrages upon personal dignity, in particular, humiliating and degrading treatment’. Accordingly, photographs of bound and hooded Iraqi prisoners, recently published by the print and electronic media, if genuine, represent crime scenes. Article four of the Geneva Convention defines in detail those categories of individuals who qualify as Prisoners of War including ‘members of armed forces’, ‘members of organised resistance groups’ and ‘members …


Mission Impossible: The Us Military Cannot Provide Security In Iraq, Tom Clonan Jan 2003

Mission Impossible: The Us Military Cannot Provide Security In Iraq, Tom Clonan

Articles

The acronym METTS is familiar to military commanders the world over. METTS consists of a problem solving approach to military scenarios under the following headings; Mission, Enemy, Troops, Terrain, Space and time. When applied to the situation facing US commanders in Iraq - as the June 30th deadline for transition to power expires - many challenges become apparent. In terms of mission, the situation is complex. The military are favourably predisposed to simple mission statements that contain clearly articulated aims and objectives within a definite time-frame. The invasion phase of the war in Iraq was a classic example of such …


Us Situation In Iraq: Comparison With Vietnam, Tom Clonan Jan 2003

Us Situation In Iraq: Comparison With Vietnam, Tom Clonan

Articles

The acronym METTS is familiar to military commanders the world over. METTS consists of a problem solving approach to military scenarios under the following headings; Mission, Enemy, Troops, Terrain, Space and time. When applied to the situation facing US commanders in Iraq - as the June 30th deadline for transition to power expires - many challenges become apparent. In terms of mission, the situation is complex. The military are favourably predisposed to simple mission statements that contain clearly articulated aims and objectives within a definite time-frame. The invasion phase of the war in Iraq was a classic example of such …