Military Justice in the Modern Age

Military Justice in the Modern Age

Author: Alison Duxbury

Publisher: Cambridge University Press

Published: 2016-08-04

Total Pages: 447

ISBN-13: 1107042372

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Military justice is changing rapidly due to both domestic and international influences. This book explains what is happening and why.


Military Justice

Military Justice

Author: Eugene R. Fidell

Publisher: Oxford University Press

Published: 2016

Total Pages: 156

ISBN-13: 0199303495

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This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.


Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond

Author: Chris Bray

Publisher: W. W. Norton & Company

Published: 2016-05-17

Total Pages: 300

ISBN-13: 0393243419

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A timely, provocative account of how military justice has shaped American society since the nation’s beginnings. Historian and former soldier Chris Bray tells the sweeping story of military justice from the earliest days of the republic to contemporary arguments over using military courts to try foreign terrorists or soldiers accused of sexual assault. Stretching from the American Revolution to 9/11, Court-Martial recounts the stories of famous American court-martials, including those involving President Andrew Jackson, General William Tecumseh Sherman, Lieutenant Jackie Robinson, and Private Eddie Slovik. Bray explores how encounters of freed slaves with the military justice system during the Civil War anticipated the civil rights movement, and he explains how the Uniform Code of Military Justice came about after World War II. With a great eye for narrative, Bray hones in on the human elements of these stories, from Revolutionary-era militiamen demanding the right to participate in political speech as citizens, to black soldiers risking their lives during the Civil War to demand fair pay, to the struggles over the court-martial of Lieutenant William Calley and the events of My Lai during the Vietnam War. Throughout, Bray presents readers with these unvarnished voices and his own perceptive commentary. Military justice may be separate from civilian justice, but it is thoroughly entwined with American society. As Bray reminds us, the history of American military justice is inextricably the history of America, and Court-Martial powerfully documents the many ways that the separate justice system of the armed forces has served as a proxy for America’s ongoing arguments over equality, privacy, discrimination, security, and liberty.


Military Courts, Civil-military Relations, and the Legal Battle for Democracy

Military Courts, Civil-military Relations, and the Legal Battle for Democracy

Author: Brett J. Kyle

Publisher:

Published: 2020-12-23

Total Pages: 244

ISBN-13: 9780367029944

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"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--


Military Justice

Military Justice

Author: Lawrence J. Morris

Publisher: Bloomsbury Publishing USA

Published: 2010-02-26

Total Pages: 225

ISBN-13: 1573567531

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Public, press, and academic interest in the military justice system has increased over the past generation. This is a result of several high-profile trials (the Sergeant Major of the Army and Kelly Flinn, among many others), a popular TV show (even if it was Navy JAGs), and broader public attention to and interest in the military, stemming from the post-Cold War prominence of the military (Gulf War I, Balkans, and post-9/11 operations). In addition, some of the more prominent cases from the war in Iraq, including Abu Ghraib and detainee cases, as well as the GTMO military commissions, have kept military justice in the news. There are many misconceptions about the rudiments of the military justice system. Many perceive severity where there is none (though there are features that differ from the civilian system, sometimes unfavorably for the accused), and few are aware of its unique protections and features. Senators Lott and McConnell were not unique in the inaccurate perceptions they publicly stated about military justice during hearings on military tribunals. This volume would accomplish two main purposes: (1) provide comprehensive, accurate, and current information about the military justice system and related disciplinary features, written in laymen's language; and (2) explain the system through some illustrative or engaging anecdotes (e.g., the trials of Billy Mitchell, William Calley, and the World War II Nazi saboteurs, whose capture and trial provide the basis for today's Guantanamo-based trials of suspected terrorists).


Courting Conflict

Courting Conflict

Author: Lisa Hajjar

Publisher: Univ of California Press

Published: 2005-01-31

Total Pages: 337

ISBN-13: 0520937988

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Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.


Shaping US Military Law

Shaping US Military Law

Author: Joshua E. Kastenberg

Publisher: Routledge

Published: 2016-04-01

Total Pages: 447

ISBN-13: 1317055772

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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 legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.