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Full-Text Articles in Law
Military Justice For The 1990’S: A Legal System Looking For Respect, David A. Schlueter
Military Justice For The 1990’S: A Legal System Looking For Respect, David A. Schlueter
Faculty Articles
Noting that the American military justice system is often the subject of criticism and derision, the author explores the criticisms often leveled at the military justice system and targets a number of areas where the system seems most vulnerable, such as size and composition of the courts-martial, the role of the commander in the system and offers suggestions for reform.
Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter
Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter
Faculty Articles
This article examines the statutory and judicial developments that have apparently expanded military jurisdiction. Serving as the core for this discussion is the amendment to Article 2, UCMJ, and the Court of Military Appeals’ decision in United States v. Trottier, 9 M.J. 337 (C.M.A. 1980), dealing with subject matter jurisdiction of courts-martial over drug-related offenses by service members.
The Enlistment Contract: A Uniform Approach, David A. Schlueter
The Enlistment Contract: A Uniform Approach, David A. Schlueter
Faculty Articles
The author explores the history of various jurisdictional and administrative issues that arise under consideration of a service member’s enlistment contract. He proposes a change to the Uniform Code of Military Justice to codify the constructive enlistment doctrine for establishing personal court-martial jurisdiction over service members whose enlistment contracts and entry onto active duty were facilitated by recruiter misconduct. The proposal later became part of amendment to Art. 2, U.C.M.J..