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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
ISBN-10 9780393243413
Release 2016-05-17
Pages 400
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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.



Court Martial

Court Martial Author Chris Bray
ISBN-10 0393243400
Release 2016-05-17
Pages 400
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A timely, provocative account of how military justice has shaped American society since the nation s beginnings."



War Stuff

War Stuff Author Joan E. Cashin
ISBN-10 9781108351980
Release 2018-05-31
Pages
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In this path-breaking work on the American Civil War, Joan E. Cashin explores the struggle between armies and civilians over the human and material resources necessary to wage war. This war 'stuff' included the skills of white Southern civilians, as well as such material resources as food, timber, and housing. At first, civilians were willing to help Confederate or Union forces, but the war took such a toll that all civilians, regardless of politics, began focusing on their own survival. Both armies took whatever they needed from human beings and the material world, which eventually destroyed the region's ability to wage war. In this fierce contest between civilians and armies, the civilian population lost. Cashin draws on a wide range of documents, as well as the perspectives of environmental history and material culture studies. This book provides an entirely new perspective on the war era.



Military Justice

Military Justice Author Lawrence J. Morris
ISBN-10 9780275993665
Release 2010
Pages 211
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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.



Court Martial at Parris Island

Court Martial at Parris Island Author John C. Stevens
ISBN-10 1570037035
Release 2007
Pages 188
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The definitive account of a tragic episode in U.S. Marine Corps history and its aftermath



Military Justice Cases and Materials

Military Justice  Cases and Materials Author Eugene R. Fidell
ISBN-10 9780327178378
Release 2012-02-17
Pages 1382
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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 unique and critical role of the commander in military justice, and assessing professional responsibility rules for military lawyers. Part II, Principles, steps further into legal analysis to study the jurisdiction of military courts, identify crimes and defenses that apply only in a military context, and analyze the extent to which the obligations of military service alter the protection of fundamental rights. Part III, Trials, brings students into the court-martial to meet military judges, juries, and counsel and to study the rules of procedure, evidence, sentencing, and appeal. Part IV, Special Contexts, takes a broader approach to assess the challenges that a military justice system faces during combat and peacekeeping operations. This part also looks at the topic of military commissions. Part V, The Future, gives students a glimpse into the changes that lie ahead by focusing on the processes of legal reform and globalization.



Military Justice

Military Justice Author Eugene R. Fidell
ISBN-10 9780199303496
Release 2016-09-29
Pages 160
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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. "



The 9 11 Commission Report

The 9 11 Commission Report Author
ISBN-10 9780160891809
Release 2011-08-12
Pages 587
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This edition has been designated as the only official U.S. Government edition of the 9-11 Commission’s Final Report. It provides a full and complete account of the circumstances surrounding the September 11th, 2001 terrorist attacks, including preparedness for and the immediate response to the attacks. It also includes recommendations designed to guard against future attacks.



The U S Naval Institute on Military Justice

The U S  Naval Institute on Military Justice Author Chris Bray
ISBN-10 1682471497
Release 2018-04-15
Pages 216
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Justice and discipline have shaped the U.S. Navy since the inception of the American republic, in ways the reflect the meaning of citizenship and the culture of the nation. In the early Navy, ordinary sailors were mostly drawn from the lowest socioeconomic classes and brutally disciplined through sheer physical domination by upper-class officers. Flogging was a fairly routine punishment. By the 1970s, naval officers were wondering in public forums if discipline should be managed through non-coercive measures, arguing that sailors should be treated like lawyers or other members of a professional guild. America changed, so naval discipline changed. National politics reached into the Navy. Flogging was banned as a naval punishment because it became a symbol of slavery and an anti-republican model of manhood. Southern, pro-slavery members of Congress voted against a flogging ban introduced by their abolitionist counterparts. Another important reality of naval discipline is that it has revealed the character of leaders in ways they often didn't notice or intend. Bad captains relied on punitive measures to control their crews; in a healthy command culture, fewer sailors requiredpunishment to motivate them to do their jobs. Finally, the post-World War II "civilianization" of naval justice has radically changed the procedural safeguards that protect sailors who face punishment for wrongdoing. But considerable debate continues: How far should civilianization go? How distinct is naval justice, and how much should it be set apart from the norms and expectations of civilian justice? In readings selected from Navy and Marine Corps leaders with direct experience in the naval justice system, this book shows how the Navy court-martial has changed over the decades, and how it hasn't, revealing the purpose and meaning of justice and discipline in the American sea services.



Modern Military Justice Cases and Materials

Modern Military Justice  Cases and Materials Author Gregory Maggs
ISBN-10 163459827X
Release 2015-05-22
Pages 724
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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.



Young Thurgood

Young Thurgood Author Larry S. Gibson
ISBN-10 9781616145729
Release 2012-12-04
Pages 413
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Thurgood Marshall was the most important American lawyer of the twentieth century. He transformed the nation's legal landscape by challenging the racial segregation that had relegated millions to second-class citizenship. He won twenty-nine of thirty-three cases before the United States Supreme Court, was a federal appeals court judge, served as the US solicitor general, and, for twenty-four years, sat on the Supreme Court. Marshall is best known for achievements after he relocated to New York in 1936 to work for the NAACP. But Marshall's personality, attitudes, priorities, and work habits had crystallized during earlier years in Maryland. This work is the first close examination of the formative period in Marshall's life. As the authorn shows, Thurgood Marshall was a fascinating man of contrasts. He fought for racial justice without becoming a racist. Simultaneously idealistic and pragmatic, Marshall was a passionate advocate, yet he maintained friendly relationships with his opponents. Young Thurgood reveals how Marshall's distinctive traits were molded by events, people, and circumstances early in his life. Professor Gibson presents fresh information about Marshall's family, youth, and education. He describes Marshall's key mentors, the special impact of his high school and college competitive debating, his struggles to establish a law practice during the Great Depression, and his first civil rights cases. The author sheds new light on the NAACP and its first lawsuits in the campaign that led to the 1954 Brown v. Board of Education school desegregation decision. He also corrects some of the often-repeated stories about Marshall that are inaccurate. The only biography of Thurgood Marshall to be endorsed by Marshall’s immediate family, Young Thurgood is an exhaustively researched and engagingly written work that everyone interested in law, civil rights, American history, and biography will want to read. From the Hardcover edition.



Without Precedent

Without Precedent Author Joel Richard Paul
ISBN-10 9781594488238
Release 2018
Pages 512
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No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. This is the astonishing true story of how a roughcut frontiersman--born in Virginia in 1755 and with little formal education--invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation.



Emancipation the Union Army and the Reelection of Abraham Lincoln

Emancipation  the Union Army  and the Reelection of Abraham Lincoln Author Jonathan W. White
ISBN-10 9780807154595
Release 2014-06-09
Pages 296
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The Union army's overwhelming vote for Abraham Lincoln's reelection in 1864 has led many Civil War scholars to conclude that the soldiers supported the Republican Party and its effort to abolish slavery. In Emancipation, the Union Army, and the Reelection of Abraham Lincoln Jonathan W. White challenges this reigning paradigm in Civil War historiography, arguing instead that the soldier vote in the presidential election of 1864 is not a reliable index of the army's ideological motivation or political sentiment. Although 78 percent of the soldiers' votes were cast for Lincoln, White contends that this was not wholly due to a political or social conversion to the Republican Party. Rather, he argues, historians have ignored mitigating factors such as voter turnout, intimidation at the polls, and how soldiers voted in nonpresidential elections in 1864. While recognizing that many soldiers changed their views on slavery and emancipation during the war, White suggests that a considerable number still rejected the Republican platform, and that many who voted for Lincoln disagreed with his views on slavery. He likewise explains that many northerners considered a vote for the Democratic ticket as treasonous and an admission of defeat. Using previously untapped court-martial records from the National Archives, as well as manuscript collections from across the country, White convincingly revises many commonly held assumptions about the Civil War era and provides a deeper understanding of the Union Army.



Rules of Disengagement

Rules of Disengagement Author Marjorie Cohn
ISBN-10 9780814762929
Release 2014-05-14
Pages 238
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Rules of Disengagement examines the reasons men and women in the military have disobeyed orders and resisted the wars in Iraq and Afghanistan. It takes readers into the courtroom where sailors, soldiers, and Marines have argued that these wars are illegal under international law and unconstitutional under U.S. law. Through the voices of active duty service members and veterans, it explores the growing conviction among our troops that the wars are wrong. While the Obama Administration's pledge to remove all American troops from Iraq by the end of 2011 is encouraging - and in no small way likely attributable to resistance by our armed forces - it continues to fight in Afghanistan, and the military may soon have a heightened presence elsewhere in the Middle East and in Africa. As such, Rules of Disengagement provides inspiration and lessons for anyone who opposes an interventionist U.S. military policy.



M48 Patton vs Centurion

M48 Patton vs Centurion Author David R. Higgins
ISBN-10 9781472810946
Release 2016-01-20
Pages 80
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The Indo-Pakistani War of 1965 witnessed some of the largest tank battles since World War II, notably between India's British-made Centurion Mk 7s and the American-made M48 Pattons fielded by Pakistan. The two countries' tank regiments, many of which shared a proud legacy in the British Indian Army, fought one another in the difficult terrain of Jammu and Kashmir, the focus of a long-running dispute between India and Pakistan. The armoured clashes at Asal Uttar, Chawinda and Phillora would demonstrate that the Centurion, with its powerful gun and lower profile, generally proved superior to the faster, lighter but overly complex Patton. Featuring full-colour artwork, expert analysis and archive photographs, this is the full story of the clash between two leading tanks of the Cold War era that were never designed to fight each other, but rather to line up on battlefields as allies.



Drones and Targeted Killing

Drones and Targeted Killing Author Marjorie Cohn
ISBN-10 9781623710651
Release 2014-12-14
Pages 296
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EXPERT ANALYSIS OF AN ILLEGAL AND IMMORAL PRACTICE The Bush administration detained and tortured suspected terrorists; the Obama administration assassinates them. Assassination, or targeted killing, off the battlefield not only causes more resentment against the United States, it is also illegal. In this interdisciplinary collection, human rights and political activists, policy analysts, lawyers and legal scholars, a philosopher, a journalist and a sociologist examine different aspects of the U.S. policy of targeted killing with drones and other methods. It explores the legality, morality and geopolitical considerations of targeted killing and resulting civilian casualties, and evaluates the impact on relations between the United States and affected countries. The book includes the documentation of civilian casualties by the leading non-governmental organization in this area; stories of civilians victimized by drones; an analysis of the first U.S. targeted killing lawsuit by the lawyer who brought the case; a discussion of the targeted killing cases in Israel by the director of PCATI which filed one of the lawsuits; the domestic use of drones; and the immorality of drones using Just War principles. Contributors include: Archbishop Desmond Tutu, Phyllis Bennis, Medea Benjamin, Marjorie Cohn, Richard Falk, Tom Hayden, Pardiss Kebriaei, Jane Mayer, Ishai Menuchin, Jeanne Mirer, John Quigley, Dr. Tom Reifer, Alice Ross, Jay Stanley, and Harry Van der Linden.



Lincoln s Code

Lincoln s Code Author John Fabian Witt
ISBN-10 9781416576174
Release 2013-07-02
Pages 512
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A standalone novella introducing a new side of Half Moon Hollow—featuring a freewheeling courier and the stuffy vampire she has to transport. Miranda Puckett has failed at every job she’s ever had. Her mother just wants her to come home, join the family law firm, and settle down with Jason, the perfect lawyer boyfriend. But when Jason turns out to be a lying cheater, Miranda seizes on a job that gets her out of town: long-distance vampire transportation. Her first assignment is to drive vampire Collin Sutherland from Washington to sleepy Half Moon Hollow without incident—no small feat for a woman whom trouble seems to follow like a faithful hound dog! And she has to do it without letting her passenger—the most persnickety, stuffy, devastatingly handsome vamp she’s ever met—drive her crazy. As she and Collin find disaster on the roads, they also find an undeniable spark between them. Could Miranda have found the perfect job and the perfect guy for her?