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Full-Text Articles in Law
When Soldiers Are Defendants, David A. Schlueter
When Soldiers Are Defendants, David A. Schlueter
Faculty Articles
In O’Callahan v. Parker, the U.S. Supreme Court adopted a “service connection” requirement for court-martial subject matter jurisdiction. For almost two decades that requirement caused numerous problems of interpretation and application. In Solorio v. United States, the Court overruled its decision in O’Callahan. While assigned to a Coast Guard unit in Juneau, Alaska, the accused committed numerous acts of sexual abuse against two minor daughters of other Coast Guard members. The crimes were not discovered, however, until after he had been transferred to Governors Island, New York, where he committed additional acts of sexual abuse on other daughters of Coast …
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..