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Military, War, and Peace

Cleveland State University

Journal

Courts-martial

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Sexual Harassment In The Military: Time For A Change Of Forum , Michael I. Spak, Jonathan P. Tomes Jan 1999

Sexual Harassment In The Military: Time For A Change Of Forum , Michael I. Spak, Jonathan P. Tomes

Cleveland State Law Review

This article will review the current status of sexual harassment in the military, discuss why courts-martial are ineffective in punishing and deterring sexual harassment, and suggest that permitting sexual harassment claims in a forum other than the military justice system would help deter future sexual harassment in the military at no greater cost to military discipline and preparedness than is inherent in the current system.


Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr. Jan 1957

Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.

Cleveland State Law Review

Control exercised by the federal civil courts over courts-martial differs from that found in other types of cases involving the relation of federal and state courts. The federal civil courts are constitutional courts; the military courts are administrative courts established by Congress and empowered by the Constitution; while state courts receive their power from entirely different sovereigns. Thus, to determine the powers of review which federal civil courts have over courts-martial, reference must be made almost exclusively to cases involving courts-martial.