LAW-2814 Military Law
This course will explore the intersection of the military and the law. With today's increasing pace of military actions and operations, the law is constantly changing how the military fights. In addition, the military justice system continues to evolve as it tries to keep pace with the country's changing societal norms. We will discuss the law of armed conflict and also major international convention law and how it impacts today's warfighters. We will also discuss the nature and function of military justice today. Relevant topics will include the courts-martial system, and its constitutional and regulatory basis; the constitutional rights of military personnel; courts-martial jurisdiction and offenses; trial and appellate structure; the roles of commanders, Congress, the Supreme Court, and the President; command influence; and the role of custom, and punishment. To the greatest extent possible we will incorporate current issues from Iraq, Afghanistan, those involving military commissions, command accountability, military justice on the battlefield, judicial independence, the repeal of "don't ask don't tell," adultery, and fraternization. The two primary texts for the class will be The Operational Law Handbook, International and Operational Law Department, The Judge Advocate General's Legal Center and School (PDF Version available for download) and Modern Military Justice (Third Edition) by Lisa M. Schenck. In Class Exam.