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

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

Contractors on the Battlefield: Contractors on the "Battlefield:" Providing Adequate Protection, Anti-Terrorism Training, and Personnel Recovery for Civilian Contractors Accompanying the Military in Combat and Contingency Operations

Along with identifying the legal and policy considerations associated with these issues, this Article addresses civil liability to the parent contracting company should it fail to provide adequate protection, or appropriate AT training, or both, to their civilian employees serving overseas in hostile environments. Providing adequate protection, antiterrorism (AT) training and, if necessary, personnel recovery for civilian contractors deployed to support U.S. military operations presents significant legal and policy challenges that both the military and civilian contractor companies have yet to fully appreciate, let alone properly institutionalize. One of the consequences of the global War on Terror is that American and coalition contractors are increasingly subjected to kidnappings, torture, and murder by terrorists, criminal elements, and other insurgency forces. Without question, civilian contractors will continue to be integral participants in the ongoing War on Terror. Therefore, it is imperative that issues of force protection, AT training, and personnel recovery be fully delineated and the related legal contours be more clearly defined

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

Cyber Security and the Government / Private Sector Connection

Whether emanating from a terrorist organization, criminal element, severe weather incident or human error, a significant cyber disruption is very likely to affect the United States in the foreseeable future; it is naïve to think otherwise. Despite these serious risks, most experts agree that the United States does not currently possess a sufficient cyber security framework to adequately protect cyberspace and the information it contains, processes, and transmits. In part, this is because over 85 percent of the critical infrastructure in the United States is controlled by private industry. In most instances, government cyber security standards do not apply to the civilian sector

Calls for National Identity Card to Halt Illegal Immigration

Rising concerns for security and integrity have caused the federal government to revisit the issue of who is allowed into the United States. Each year, tens of millions of visas are granted to foreign nationals for reasons varying from education, travel, to even conducting business. Of paramount concern is that about forty percent of the nation’s undocumented immigrants are those who have overstayed their visas. While millions overstay their visas, millions more continue to pour across an open border from Mexico. One proposal made by the Senate to halt or slow illegal immigration is the creation of a national identity card, a standard fare for all democratic nations in Western Europe. An effort to establish a national identity card was made in 2010, when the Senate proposed a new social security card for U.S. citizens and legal immigrants. This card would be a high-tech, fraud-proof document with biometric sensors. While the new social security card would not contain personal information, it would require all employers to use the card to confirm all employees’ identities and immigrant status. The government is already aware of all people who pay taxes and are legally present, only those illegally present would potentially suffer harm. Whatever changes Congress may make to existing immigration law, it is painfully obvious that a far better job has to be done. Congress must be wary of potential consequences of changes to existing immigration law. Opponents of the national identity card voice concerns its implementation would violate the fundamental right of privacy. The tightening of immigration laws may also promote racial profiling or encourage an untoward atmosphere of bigotry and fear in the general population

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

While the use of civilian contractors to support military operations is not a new phenomenon, their use in the War on Terror is unprecedented. The numbers of civilian contractors in active combat zones and the specific activities they perform have significant legal and policy ramifications. Recent case law associated with civil complaints brought in American courts against contracting companies operating in battlefield environments has given rise to a “political question” doctrine. This doctrine 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. Due to the complexities involved with the application of the political question doctrine, including determination of the nature and integration of a civilian contractor’s relationship to the military, a thorough overview of this doctrine is necessary. Because political question doctrine represents a formidable jurisdictional shield and will no doubt continue to be a source of jurisprudence and debate in the future, the value of a full understanding of its operation and application can not be overstated

COVID-19 Pandemic: Policy and Legal Issues

Most Americans are unfamiliar with governmental powers during a pandemic, which makes it useful to examine applicable legalities, powers and authorities. Importantly, that power can mandate quarantine, isolation, vaccination, decontamination, destruction of infected property, eviction, closing businesses, social distancing, sheltering in place, specimen testing, and mandating health information disclosure and health care responses