Military Systems of Justice

2021 ◽  
Vol 47 (1) ◽  
Author(s):  
Thomas Crosbie ◽  
Meredith Kleykamp
Keyword(s):  
National Level ◽  
The United States ◽  
American Military ◽  
Military Justice ◽  
Uniform Code ◽  
Military Systems ◽  
Law And Justice ◽  
American Case ◽  
Military Law ◽  
Armed Services

Sociologists have largely ignored the study of military tribunals and justice systems. We offer a descriptive overview of military systems of justice intended for use by political and military sociologists, focusing on the case of the United States armed services. We contextualize the principal military systems of justice and provide extended discussions of how the American case connects through formal and informal channels to international legal structures. American military law and justice link three key legal realms: international law on conflict and security at the global level; the so called National Security Constitution at the national level; and the Uniform Code of Military Justice at the institutional level.

Military Law under the Uniform Code of Military Justice

1955 ◽  
Vol 55 (8) ◽  
pp. 1244
Author(s):  
A. Arthur Schiller ◽  
William B. Aycock ◽  
Seymour W. Wurfel
Keyword(s):  
Military Justice ◽  
Uniform Code ◽  
Military Law

Litigating National Security Cases under The United States Uniform Code of Military Justice

2016 ◽  
Vol 20 (3-4) ◽  
pp. 250-274
Author(s):  
Lieutenant Commander Ursula Smith ◽  
Colonel Daniel J. Lecce
Keyword(s):  
United States ◽  
Best Practices ◽  
National Security ◽  
Federal Court ◽  
The United States ◽  
United States Military ◽  
Military Rule ◽  
Military Justice ◽  
Uniform Code ◽  
Military Commissions

This paper will discuss classified litigation procedures in United States Military Courts-Martial, governed by Military Rule of Evidence 505 and the Uniform Code of Military Justice. The differences between United States Federal Court procedures and United States Military Commissions, governed by the Classified Information Privilege Act (cipa) and Military Commissions Rule of Evidence 505, are also discussed. Finally, best practices and selected military cases regarding espionage are presented.

scholarly journals The Geneva Boomerang: The Military Commissions Act of 2006 and U.S. Counterterror Operations

2007 ◽  
Vol 101 (1) ◽  
pp. 56-73 ◽  
Author(s):  
Jack M. Beard
Keyword(s):  
United States ◽  
Bush Administration ◽  
The United States ◽  
Military Justice ◽  
Uniform Code ◽  
Military Commissions ◽  
The Military ◽  
Legal Consequences ◽  
Practicable Method ◽  
The U.S

Over five years have passed since President George W. Bush issued the much-criticized order making an obscure device, military commissions, the primary tool for the United States to bring accused Qaeda terrorists to justice. Some legal scholars suggested in the wake of the issuance of that order that military commissions were the only practicable method available to address many of the problems presented by the trial of accused terrorists in civilian U.S. courts. True or not, it is clear that the decision to approach the problem of terrorists primarily in terms of war rather than crime continues to have far-reaching legal consequences. Following the Supreme Court’s decision in Hamdan v. Rumsfeld, which found that the military commissions designed by the Bush administration were inconsistent with the requirements of both the Uniform Code of Military Justice (U.C.M.J.) and the law of war as incorporated in that statute, the U.S. Congress attempted to fashion a compliant charter for these commissions through the Military Commissions Act of 2006 (MCA).

Book Reviews

2009 ◽  
Vol 47 (1) ◽  
pp. 192-193
Keyword(s):  
United States ◽  
Tax Reform ◽  
National Level ◽  
Value Added ◽  
The United States ◽  
Consumption Tax ◽  
Senior Lecturer ◽  
Goods And Services ◽  
Empirical Context ◽  
American Case

Isaac W. Martin of University of California, San Diego reviews “Taxing Reforms: The Politics of the Consumption Tax in Japan, the United States, Canada and Australia” by Richard Eccleston,. The EconLit Abstract of the reviewed work begins “Explores the politics of consumption tax reform in the four countries where the political resistance to such policies has been most acute--Australia, Canada, Japan, and the United States. Provides an overview of the contemporary literature on institutional and policy change and identifies a number of processes and mechanisms likely to be associated with comprehensive tax reform. Presents the empirical context for the book’s case studies and describes the rise and proliferation of value-added taxes over the course of the twentieth century. Describes the politics of consumption tax reform in Australia between the early 1970s and 2000. Considers the politics of introducing a national goods and services tax in Canada. Assesses the most notable exception to the trend toward implementing national level value added taxes among advanced industrial nations with an American case study. Identifies a number of occasions on which U.S. policymakers gave serious consideration to the introduction of a national value added tax. Eccleston is Senior Lecturer in the Department of Government at the University of Tasmania. Index.”

scholarly journals Vicarious Revolutionaries: Martial Discourse and the Origins of Mass Party Competition in the United States, 1789–1848

2010 ◽  
Vol 24 (1) ◽  
pp. 121-141 ◽  
Author(s):  
Cedric de Leon
Keyword(s):  
Early Republic ◽  
National Level ◽  
The United States ◽  
Class Action ◽  
Party Competition ◽  
Social Scientists ◽  
Party Formation ◽  
Early American ◽  
Party Elites ◽  
American Case

Social scientists of democratic change have emphasized the role of class action in that process, neglecting the discursive shift that was necessary to legitimate mass party competition in the early American case. Although historians of U.S. party formation have emphasized the discursive dimension of this transition, they have focused on more formal theories of party and neglected the importance of martial discourse, which was perhaps more pedestrian, but had a distinctive mass appeal. Drawing on the papers of prominent politicians and the editorials of local party newspapers in Alabama and Illinois, I argue that incipient party elites used the language of wartime discipline to recruit national-level leaders, local operatives, and voters to the new form of elective politics. Martial discourse was therefore integral to the larger discourse of party, which ultimately helped to overcome the inherited antipartyism of the early Republic.

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