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Full-Text Articles in Law

From The Editor, Antulio J. Echevarria Ii Mar 2022

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Civil-Military Relations: Guidelines In Politically Charged Societies, Patrick Paterson Mar 2022

Civil-Military Relations: Guidelines In Politically Charged Societies, Patrick Paterson

The US Army War College Quarterly: Parameters

Current events warrant a review of US civil-military relations doctrine. This article examines eight principles of military subordination to elected civilian officials and addresses the fundamental question at the heart of civil-military relations theory and practice—what options, if any, does the military have when civilian leadership disregards military advice? Examples drawn from US history provide an important framework to understand the complex interrelational dynamics at play.


Parameters Spring 2022, Usawc Press Mar 2022

Parameters Spring 2022, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Samuel Huntington, Professionalism, And Self-Policing In The Us Army Officer Corps, Brian Mcallister Linn Aug 2021

Samuel Huntington, Professionalism, And Self-Policing In The Us Army Officer Corps, Brian Mcallister Linn

The US Army War College Quarterly: Parameters

Drawing on Samuel P. Huntington’s three phases of self-regulation used to determine if an occupation qualifies as a profession, this article focuses on the third phase of policing and removing those who fail to uphold the standards set forth in the first two phases. It reviews how the US Army implemented this phase following the Civil War through the post–Vietnam War years and the implications for the officer corps.


Academe And The Military, C. Anthony Pfaff, Julia L. E. Pfaff Mar 2021

Academe And The Military, C. Anthony Pfaff, Julia L. E. Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.


Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green Apr 2019

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review (2017-Present)

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …