Military Justice

Author: Eugene R. Fidell
Publisher: LexisNexis
ISBN: 1422498611
Format: PDF, ePub, Docs
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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 unmatched since the Vietnam era. This higher profile for courts-martial, combined with the difficult and fundamental legal issues raised by the military commissions, suggests that military courses will now be in great demand. This casebook provides the text for such a course. Its coverage of the U.S. court-martial and other systems of military criminal law provides a framework through which students can explore the role and operation of military justice within a democratic society. In an era of worldwide deployments, multi- national operations, and global terrorism, this book illuminates the interconnectedness of military justice systems through a far- ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students' appreciation of both the unique American experience and the availability of alternative approaches to military discipline, accountability, and punishment. International norms are also examined. Part I, Foundations, sets the stage by exploring the origins and purposes of military justice, pointing out the many sources of law that govern this area, analyzing the u

Modern Military Justice Cases and Materials

Author: Gregory Maggs
Publisher: West Academic Publishing
ISBN: 9781634598279
Format: PDF, Docs
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This textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. The materials included come from every service within the Armed Forces, and show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pre-trial, trial, and appellate procedures; the role of judge advocates; non-judicial punishment and other alternatives to courts-martial; special forums such as boards of inquiry and military commissions for trying enemy belligerents; the relationship of courts-martial to state and federal courts; and much more. All chapters include policy questions about currently controversial issues. The text is appropriate for all students, whether or not they have had prior military experience. The Second Edition includes five new cases and addresses new legislation concerning special victims counsel; preliminary hearings; the role of commanders in referring and reviewing charges; mandatory minimum sentences for conviction of certain sex offenses; the offense of sodomy; and the good soldier defense.

Military Justice

Author: Lawrence J. Morris
Publisher: ABC-CLIO
ISBN: 0275993663
Format: PDF, ePub, Mobi
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The goal of this book is to provide an overview of the theory and practice of military justice, so that the interested reader-- especially the nonlawyer, but also the practitioner new to military justice-- receives a thorough and balanced overview of the military justice system. The book provides a comprehensive treatment of the current military justice system, enriched by enough history to make current practices understandable and future changes foreseeable. It addresses the system from the standpoint of society, which invests in the military; the command, through which good order and discipline are administered; and those who participate in the trial process.

Military Justice

Author: Eugene R. Fidell
Publisher: Oxford University Press
ISBN: 0199303495
Format: PDF, ePub
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"You can't handle the truth." These iconic words, bellowed by Jack Nicholson as Colonel Jessup in the 1992 movie A Few Good Men, became an emblem of the conflict between honor and truth that the collective imagination often considers the quintessence of military justice. The military is the rare part of contemporary society that enjoys the privilege of policing its own members' behavior, with special courts and a separate body of rules. Whether one is for or against this system, military trials are fascinating and little understood. This book opens a window on the military judicial system, offering an accessible and balanced assessment of the strengths and weaknesses of military legal regimes around the world. It illuminates US military justice through a comparison with civilian and foreign models for the administration of justice, with a particular emphasis on the UK and Canadian military justice systems. Drawing on his experience as a serving officer, private practitioner, and law professor, Eugene R. Fidell presents a hard-hitting tour of the field, exploring military justice trends across different countries and compliance (or lack thereof) with contemporary human rights standards. He digs into critical issues such as the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. A rich series of case studies, ranging from examples of misconduct, such as the devastating Abu Ghraib photos, to political tangles, such as the Guantanamo military commissions, throw light on the high profile and occasionally obscure circumstances that emerge from today's military operations around the world. As Fidell's account shows, by understanding the mechanism of military justice we can better comprehend the political values of a country. "

Text Cases and Materials on Public Law and Human Rights

Author: Helen Fenwick
Publisher: Cavendish Publishing
ISBN: 1843145383
Format: PDF
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From Frankenstein to futuristic feminist utopias, Decoding Gender in Science Fiction examines the ways science fiction writers have incorporated, explored, and revised conventional notions of sexual difference. Attebery traces a fascinating history of men's and women's writing that covertly or overtly investigates conceptions of gender, suggesting new perspectives on the genre.

Criminal Law

Author: Cynthia Lee
Publisher:
ISBN: 9780314282866
Format: PDF
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This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.

The Law of Contracts

Author: James Steven Rogers
Publisher:
ISBN: 9781683289937
Format: PDF, ePub, Mobi
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This book is designed for use in a single-semester, less than six-credit hours, contracts course. Drawing on the best features of the case method, it departs from the standard, reference-oriented texts, in order to provide concise, coherent, and teaching-oriented materials with a focus on principal cases, questions and notes. The goal of the book is to introduce the deep-seated topics of concern to the law of contracts with selective brevity, in choosing readings in classic and contemporary cases, and UCC and restatement sources, interesting hypotheticals and theoretical and practical reflections. This book also updates the conventional presentation of the subject by providing a more substantive treatment of the law of restitution and of relevant international and comparative materials.

Cases and Materials on Federal Indian Law

Author: David Getches
Publisher: West Academic Publishing
ISBN: 9781634599061
Format: PDF, ePub
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This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.