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Military Commissions And Courts-Martial: A Brief Discussion Of The Constitutional And Jurisdictional Distinctions Between The Two Courts, Timothy C. Macdonnell
Military Commissions And Courts-Martial: A Brief Discussion Of The Constitutional And Jurisdictional Distinctions Between The Two Courts, Timothy C. Macdonnell
Scholarly Articles
On 13 November 2001, President George W. Bush signed Military Order 222, authorizing the trial of non-U.S. citizens for war crimes by military commission.' Since the signing of that order, a contentious debate has raged over the possible use of military commissions to try suspected terrorists. As part of that debate, the media has used various terms to describe the proposed military commissions. They have called them "Secret Military Trials,"' "Military Tribunals,"' and "U.S. Military Court[s]." A Cable News Network internet story described military commissions as "essentially a courts-martial, or a military trial, during a time of war." This quotation …
Federal Courts, Overbreadth, And Vagueness: Guiding Principles For Constitution Challenges To Uninterpreted State Statutes, Mark L. Rienzi, Stuart Buck
Federal Courts, Overbreadth, And Vagueness: Guiding Principles For Constitution Challenges To Uninterpreted State Statutes, Mark L. Rienzi, Stuart Buck
Scholarly Articles
When a federal court is asked to declare an uninterpreted state law to be unconstitutionally overbroad or vague, it faces several tensions. On one side, the overbreadth and vagueness doctrines urge the court to strike down the statute on its face. On the other side, the related doctrines of constitutional avoidance, narrowing interpretations, abstention and certification all urge the court to find some way to save the statute at least as to some applications. But because of the cardinal principle that federal courts are not the final authority on the interpretation of state law, many federal courts err on the …