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.
This comprehensive book is accessible to lawyers and students with military experience and those interested in representing military troops or veterans. It includes a chapter on establishing a military law clinic, including a sample forms, a sample syllabus, and general information about starting and maintaining a clinic. It also features substantive law sections on the military physical evaluation board proceedings, traumatic service group life insurance appeals, veterans' benefits appeals, appeals before discharge upgrade boards, the Feres doctrine, the Service Members Civil Relief Act, and others. It incorporates excerpts from relevant cases and a series of discussion questions and problems for each area of law.
"This Manual addresses a practice area of great importance to hundreds of thousands of individuals who have served in the United States armed forces, but are often denied the title of "veteran" and excluded from the benefits and services usually offered to veterans"--
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.
Reprint of the final edition. Although the title leads one to expect a basic procedural manual, this book goes well beyond its stated purpose to offer a great deal of historical and jurisprudential information. Davis [1847-1914] examines the authority and sources of military law and its relation to civilian law. He also pays close attention to its debt to English military law and custom, some of it dating back to the middle ages. Davis [1847-1914] was Judge-Advocate General of the U.S. Army and Professor of Law at West Point.