Examines the special court-martial and the summary court-martial. Questions whether there is a burden placed on special and summary courts that they are not equipped to accept.
This study on legal affairs in Germany details the administration of justice in Germany (development of the court system) and the Reich Ministry of Justice. Other topics include the bar, German criminal law and procedure (sources of criminal law,...
This study on legal affairs in Japan describes the general structure in the Japanese government, i.e., the relationships among the judicial, executive, and legislative functions. The following subjects include the Ministry of Justice, judicial...
Is the targeted killing of United States citizens legal? There are two competing models which address the legality of targeted killings: the law-enforcement model and the armed-conflict model. This paper examines arguments for and against each...
This study compares the system of military justice that existed during World War II with the present system. As a basis for comparison a framework is established which looks at three different aspects of the military justice system. The first...
The purpose of this study is to determine whether any improvements are needed in the procedure of court-martial in the Army of the United States, and, if so, to suggest remedies for such defects as may exist.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as property for possible division in matters of divorce. The problem is that several military and veterans’ organizations...
This study discusses false arrest as a basis for liability in civil suits brought on the federal level, and examines the nature and scope of immunity available to protect state and local law enforcement officials, and their employers, from...
This thesis sets forth a methodology for the practicing attorney faced with a problem concerning eyewitness identification. It discusses sixth amendment rights since it was the focus in this area that brought eyewitness identification to the...
The cases compiled look at a variety of issues; the power to declare war, the right the establish military government, temporary allegiance of inhabitants, territorial extent, territory militarily occupied and enemy territory, the effect of...
Discusses issues pertaining to courts-martial including military jurisdiction, personnel, procedure, records, action, oaths, incidental matters, punishments, the disciplinary power of commanding officer, rules of evidence, punitive articles and...
This handbook deals with proclamations- and general orders- and instructions (general and special administrative instructions) of the allied military government in Italy; it was prepared in the theater of operation. Sections for imposition of...
The threefold purpose of this thesis is to examine the evolution of the Plymouth and Massachusetts Bay militias in relationship to the English militia; to trace their establishment in colonial law; and to describe how a changing New World...
This handbook contains the proclamations, ordinances, laws and orders issued and posted in the portions of Germany once occupied by the Allied forces. There are a wide variety of subjects which include curfew, surrender of fire arms, crimes and...
This is a study of the present puppet government in the Philippines. The origins of the government, the constitutional basis upon which it rests, the structural outlines of the Office of President, of the Assembly, and of the Judiciary, the conduct...
Prior to President Obama halting all ongoing military commissions, the United States charged six Guantanamo Bay prisoners with capital crimes. Further, his latest policy directive for new military commission rules has not excluded the death penalty...
The attacks of 11 September 2001 showed that America has problems with its immigration system. The nineteen hijackers involved in these attacks took advantage of a problematic immigration system to penetrate the U.S. and wreak havoc. The porous...
This handbook on the military and police tribunals in occupied Europe is one of a series of studies covering German military government over Europe. Part I addresses military jurisdiction and military tribunals in Germany in wartime- general...
In an attempt to protect the U.S. following the horrific events of September 11th and to conduct the Global War on Terrorism, the detention facility at Guantanamo Bay Naval Base was established. Yet the continued operation of the facility,...