Kiel Jr., John LoranMilitary Law Review
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, ...
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 ...
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...
Peter Parrish Hardin was the son of Judge Adlai Stevenson Hardin Jr. of New York. His dad was a retired federal bankruptcy judge for the Southern District of New York. Judge Hardin is a cousin of the late Governor Adlai E. Stevenson who twice ran for president. ...
(OPerationsSECurity) Determining what information is publicly available in the normal course of operations that can be used by a competitor or enemy to its advantage. OPSEC is a common military practice that is also applied to civilian projects such as the development of new products and technologi...
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, ...
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...
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...
A careful reading of Morita should give the military justice practitioner pause when faced with a situation where a reserve servicemember commits a potentially criminal act under the UCMJ when not performing active duty or IDT. The expansive language used by the court in Morse can no longer be ...