"Members of the National Oceanic and Atmospheric Administra-tion, Public Health Service, and other organizations, when assigned to and serving with the armed forces" 1 are subject to the Uniform Code of Military Justice (UCMJ) and to trial by court-martial, pursuant to Article 2(a)(8), ...
Article 21 of the current UCMJ is based on Article of War 15. Some observations on the future of U.S. military commissions (2) Violation of the 93rd Article of War, with the further specification that "with intent to do bodily harm, [he] commit[ed] an assault upon Jonas Amponfie, ...
In the military, nonjudicial punishment may be imposed by a commander as a means to deal with minor violations of the Uniform Code of Military Justice (UCMJ). While nonjudicial punishment is administrative in nature, it can still have a profoundly negative impact on a military member’s career...
Although not fully defined or accepted by military courts, there is a strand of case law that rests on the idea that the defense is entitled to a government-funded expert as a matter of fundamental fairness. The approach is further bolstered by Article 46 of the UCMJ, which is a clear ...
(From JP 1-02, Department of Defense Dictionary of Military and Associated Terms, www.dtic.mil/doctrine/new_pubs/jp1_02.pdf.) Operations security (OPSEC) is a process of identifying critical information and subsequently analyzing friendly actions attendant to military operations and other activities...
Under UCMJ Article 66(c), the military's courts of criminal appeals have the unusual appellate power of conducting a de novo review of a trial court's findings of fact. Congress gave the military's appellate courts their unusual fact-finding powers in 1950 because under the original UCMJ, ...
American Military Justice and International Criminal Court Complementarity: The Case of UCMJ Article 60Although the American military is effectively one of the most potent of international institutions, discussions of its regulation have been oddly domestic. The court-martial – the single most important...
The Morita decision serves as a warning to trial counsel attempting to prove jurisdiction over a reserve servicemember outside of the enumerated boundaries of Articles 2(a)(1) (active duty) and 2(a)(3) (IDT). The UCMJ requires they come armed with sufficient facts to show that each of ...
Kiel Jr., John LoranMilitary Law Review
apparent unlawful command influenceactual unlawful command influenceThis article will examine in depth the decisions in United States v. Barry and United States v. Boyce to illustrate why Congress should amend Article 37 of theSocial Science Electronic Publishing...