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Shaping US Military Law
Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for leg...
To Raise and Discipline an Army
Major General Enoch Crowder served as the Judge Advocate General of the United States Army from 1911 to 1923. In 1915, Crowder convinced Congress to increase the size of the Judge Advocate General's Office—the legal arm of the United States Army—from thirteen uniformed attorneys to more than four hundred. Crowder's recruitment of some of the nation's leading legal scholars, as well as former congressmen and state supreme court judges, helped legitimize President Woodrow Wilson's wartime military and legal policies. As the United States entered World War I in 1917, the army numbered about 120,000 soldiers. The Judge Advocate General's Office was instrumental in extending the military's re...
The Reporter
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The Army Lawyer
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Military Justice
Military Justice: Cases and Materials gives teachers a new and powerful tool to introduce students to military law while deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time when the tempo of military operations around the world seems to increase constantly and high-profile courts-martial dominate the headlines, this book gives students and teachers unprecedented the tools needed to analyze, understand, and evaluate worldwide military justice. With prosecutions arising from prisoner abuse, atrocities against civilians, and servicemembers' opposition to ongoing wars, the military justice system now has a prominence ...
Pursuing Moral Warfare
During combat, soldiers make life-and-death choices dozens of times a day. These individual decisions accumulate to determine the outcome of wars. This work examines the theory and practice of military ethics in counterinsurgency operations. Marcus Schulzke surveys the ethical traditions that militaries borrow from; compares ethics in practice in the US Army, British Army and Royal Marines Commandos, and Israel Defense Forces; and draws conclusions that may help militaries refine their approaches in future conflicts. The work is based on interviews with veterans and military personnel responsible for ethics training, review of training materials and other official publications, published accounts from combat veterans, and observation of US Army focus groups with active-duty soldiers. Schulzke makes a convincing argument that though military ethics cannot guarantee flawless conduct, incremental improvements can be made to reduce war’s destructiveness while improving the success of counterinsurgency operations.
Convicting the Innocent
On January 20, 1984, Earl WashingtonÑdefended for all of forty minutes by a lawyer who had never tried a death penalty caseÑwas found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the f...
Symbols of Freedom
How American symbols inspired enslaved people and their allies to fight for true freedom In the early United States, anthems, flags, holidays, monuments, and memorials were powerful symbols of an American identity that helped unify a divided people. A language of freedom played a similar role in shaping the new nation. The Declaration of Independence’s assertion “that all men are created equal,” Patrick Henry’s cry of “Give me liberty, or give me death!,” and Francis Scott Key’s “star-spangled banner” waving over “the land of the free and the home of the brave,” were anthemic celebrations of a newly free people. Resonating across the country, they encouraged the creatio...
