601:568. MILITARY LAW (2, W)
Dehn
An introduction to the unique substance of U.S. military law, and to its place in our constitutional system. Among the complaints listed in the Declaration of Independence were that the King had: “kept among us, in times of peace, Standing Armies without the Consent of our legislatures;” “affected to render the Military independent of and superior to the Civil Power;” and “[deprived] us in many cases, of the benefit of Trial by Jury.” We will first examine the Constitution's textual provisions regarding the military and its use. We will then examine the origins and development of the personal and subject matter jurisdiction of military tribunals and their relationship to Article III courts. We will then more closely examine the unique substantive offenses and procedural law of military tribunals. Graded requirements include a short graded research paper and a final exam.
Dehn
An introduction to the unique substance of U.S. military law, and to its place in our constitutional system. Among the complaints listed in the Declaration of Independence were that the King had: “kept among us, in times of peace, Standing Armies without the Consent of our legislatures;” “affected to render the Military independent of and superior to the Civil Power;” and “[deprived] us in many cases, of the benefit of Trial by Jury.” We will first examine the Constitution's textual provisions regarding the military and its use. We will then examine the origins and development of the personal and subject matter jurisdiction of military tribunals and their relationship to Article III courts. We will then more closely examine the unique substantive offenses and procedural law of military tribunals. Graded requirements include a short graded research paper and a final exam.