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1983 Army Law. 1 (1983)

handle is hein.journals/armylaw1983 and id is 1 raw text is: the army


Department of the Army Pamphlet
January 1983
Table of Contents
Recent Developments Relating to the Posse
Comitatus Act
Recognizing Personal Service Contracts
Torncello & Soledad Enterprises, Inc. v. United
-..   Statea: A Return to the Common Law
Considerations on the Preparation of Wills for
Domiciliaries of Puerto Rico
Dangling Participles, Hanging Prepositions,
and Other High Crimes Against the English
American Bar Association/Young Lawyers Di-
vision Annual Convention
Petitions to the Department of the Army Suita-
bility Evaluation Board
Bar Membership and Continuing Legal Educa-
tion Requirements
Reserve Affairs Items
From the Desk of the Sergeant Major
CLE News
Current Material of Interest

Recent Developments Relating to
the Posse Comitatus Act
Mqjor Robert E. Hilton, USMC
Instructor, Administrative and Civil Law Division,
1      Calling the flow of illicit drugs into the United
8    States a grave threat to all Americans,' CongreAs
14   enacted legislation within the past year intended
to facilitate effective cooperation between the
20   military services and non-Department of Defense
(DOD) law enforcement agencies in combating
drug smuggling into this country from abroad.9
25   This legislation, section 905 of the Department of
Defense Authorization Act of 1982, expresses a
29   congressional conviction that the military services
should be made available to assist civilian law
so   enforcement authorities in their efforts to halt the
influx of illegal drugs and marihuana across
31 United States borders.
36     Section 905 of the Act added Chapter 18 to Title
38    10 of the United States Code. Entitled Military
42   Cooperation with Civilian Law Enforcement Of-
ficials, the chapter's eight sections represent an
'For background on the subject of military aid to law enforce-
ment see Furman, Restrictions upon the Use of the Army Im-
posed by the Posse Comitatus Act, 7 Mil. L. Rev. 85 (1960),
Meeks, Illegal Law Enforcement: Aiding Civil Authorities in
Violation of the Posse Comitatuas Act, 70 Mil. L. Rev. 83 (1975).
'H.R. Rep. No. 97-71, Part II, 97th Cong., lstSess., reprinted
in 1981 U.S. Code Cong. & Ad. News 1781, 1785 [hereinafter
cited as House Report.]

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