Storm Clouds on the Horizon of Darwinism: Teaching the Anthropic Principle and Intelligent Design in the Public Schools

Professor Addicott’s article addresses the future legal ramifications that the fledgling intelligent design movement and the scientific concept known as the Anthropic Principle will have on the teaching of Darwinian evolution in public schools. Both ideas are associated with the concept that an “unnamed” intelligent designer is responsible for the creation and sustainment of life. Predicting that the Supreme Court will ultimately allow, for instance, school boards to incorporate intelligent design in the science curriculum, he believes neither of the two ideas violate the Establishment Clause and cannot be “dismissed as yet another back door attempt by creationists to get a sectarian religious idea into the public schools.” In tracing the evolution/creation debate, Professor Addicott clearly establishes all the interested segments in the controversy to include the Fundamentalist creationists and “Darwinian activists.” Interestingly, in evaluating how the Court will view intelligent design, Professor Addicott explores what he terms the “Darwinian paradigm”―arguing that Darwinian activists may have already violated the Establishment Clause by making Darwinian evolution its own religion

Using a Civil Suit to Punish/Deter Sponsors of Terrorism: Connecting Arafat and the PLO to the Terror Attacks of the Second Intifada

The purpose of this paper is to highlight the conundrum of establishing the factual connection between the regime that secretly sponsors or supports terror and the actual acts of terror. To hold a regime responsible for terrorism, accountability must be established. In this context, the ongoing civil action of Sokolow v. The Palestine Liberation Organization,11 filed in the United States Federal Court for the Southern District of New York in 2008, perfectly illustrates the dilemma – on the one hand the offending regime disavows acts of terror while on the other hand it secretly supports and orchestrates terror

Efficacy of the Obama Policies to Combat Al-Qa'eda, the Taliban, and Associated Forces - The First Year

The purpose of this monograph is to provide a brief overview of what President Obama did during his first year in office vis-à-vis developing a coherent legal and policy strategy for dealing with al-Qa‟eda, the Taliban, and associated forces. In addition, the article will provide analysis on the efficacy of those actions from a national security perspective

Legal Training Handbook for the Ukrainian Military

Over the course of an eight-month project, from September 1994 to May 1995, United States Army judge advocates from the International and Operational Law Division, Office of The Judge Advocate General, worked directly with Colonel Alexander Bokov, Chief, Legal Service of the Ministry of Defense of Ukraine (the highest judge advocate position in the Ukrainian military) in developing a handbook for Ukrainian soldiers entitled, "Code of Conduct for Participants in Military Operations." This handbook now serves as the primary training guide for instructing Ukrainian soldiers in tbe basics of law of war, human rights, and professional ethics

Second Circuit's Decision Provides Unique Window Into Enemy Combatant Decisions

JURIST Guest Columnist Jeffrey Addicott of St. Mary's University School of Law says that the Second Circuit's opinion upholding the conviction of alien enemy combatant Ghailani offers a unique view into how a federal appeals court grapples with the legal complexities existing between law of war concerns and domestic criminal processes ..

Book Review: Law and Bioterrorism

The best primer for constructing the legal framework surrounding bioterrorism is a wonderfully researched and incisive book by Professor Victoria Sutton, appropriately titled Law and Bioterrorism. As the Director of the Center for Biodefense, Law and Public Policy at Texas Tech University School of Law, Sutton brings a vast background of experience and expertise to her book, which is in fact the first legal textbook in the field of law and bioterrorism. The book begins with a brief examination of the history of law and bioterrorism, from ancient biological warfare to modern times. Sutton further examines the rapidly growing concern over the use of biological weapons which led to the negotiation of the 1925 Geneva Convention. In a more generalised vein, Sutton closes a gap which much needed filling in the historiography of the evolution of federalism concerning the balance between a federal system of defence and the preservation of the interests of state sovereignty. Sutton argues that ‘legislation tailored to meet the narrow purpose of national defence against the threat of bioterrorism is an essential responsibility of our federal government’. Yet she also notes that the state itself has inherent police power to regulate crisis situations in the interest of public health

Operation Desert Storm, R. E. Lee or W. T. Sherman?

Many are unaware of the phenomenal benefits that our military has most certainly drawn from General Lee. Curiously, this was brought out by the battle in the Persian Gulf, When reporters asked General Schwarzkopf which military leaders he most admired, Schwarzkopf, as expected, turned to the War Between the States for his examples. What was totally unexpected to some, however, was that he departed from the opinions of recent prominent American military leaders who typically cited General Lee, and instead cited General William T. Sherman as one of his heroes As this article will assert, the United States of America was fortunate that both General Schwarzkopf and the forces under his command emulated the tactics and humanity of the Confederate General instead of the Union leader he mentioned. Although General Schwarzkopf’s public admiration for General Sherman really raised little concern about the soundness of America’s military strategy or its willingness to abide by the law of war in the conduct of hostilities, his recognition of Sherman and exclusion of Lee does raise several critical issues. First, recognizing the importance of image projection, it provides an opportunity to examine the roots of America’s international reputation in terms of war-making and the role of law in regulating this conduct. Second, from both a tactical and law-of-war perspective, whom did our commanders and soldiers most emulate-Robert E. Lee or William T. Sherman

ROE Review Board for Military Personnel Facing Adverse Administrative Action Due to Alleged Violations of Rules of Engagement

The purpose of this paper is to propose the creation of an autonomous administrative oversight board – ROE Review Board – for military personnel who face adverse administrative punishment for alleged violations of combat rules of engagement (ROE)

The Political Question Doctrine and Civil Liability for Contracting Companies on the “Battlefield”

Out of a myriad of concerns in this evolving arena-ranging from criminal jurisdiction, to training, to labor and employment law-this Article focuses on providing an overview of the "political question" doctrine's development in recent case law associated with civil complaints brought in American courts against contracting companies operating in battlefield environments such as Iraq and Afghanistan, a matter addressed by the author at the Review of Litigation's Symposium- Terror on Trial: Civil Litigation in the War on Terror. The political question doctrine, which excludes from judicial review all controversies involving policy choices and other value determinations that the Constitution reserves to the Congress and the Executive for resolution, represents a formidable jurisdictional shield and will no doubt continue to be a source of jurisprudence and debate in the future