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Wagner, Valadez And Harrison: A Definitive Enlistment Trilogy, David A. Schlueter

Faculty Articles

One area where enlistment law has received keen scrutiny is the subject of enlistment contracts vis a vis the question of personal jurisdiction. The Court of Military Appeals’s decision in United States v. Wagner served as the keystone for the Valadez and Harrison decisions. The Court in Wagner established the concept of constructive enlistment, which it subsequently relied on in Valadez and Harrison.

In Wagner, the court addressed whether a regulatory disqualification in and of itself voids the original enlistment contract for purposes of court-martial jurisdiction. The Court stated the regulation in question was not sufficient to void Wagner’s enlistment …