Military and Armed Forces Library Collection contains the combined collections of all branches of the US armed forces. These collections provide general information, historical documents, future projects, declassified documents, and critical statistical analysis. This is the single largest publicly accessible online military library ever compiled.
Military Law Review
Excerpt: Before Arrest. A person who expects to be charged with a crime, or who has been indicted but not yet arrested, has complete freedom to seek the advice of a lawyer. The lawyer, in addition to advising him of his rights, may properly advise his client to remain silent after his arrest. Thus even though the right to consult with counsel prior to appearance before the magistrate has not generally been recognized, there are a certain number of cases where prosecuting...
Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, U.S. Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference...
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Excerpt: Since 1958, the Military Law Review has been published at The Judge Advocate General?s School, United States Army, Charlottesville, Virginia. The Military Law Review provides a forum for those interested in military law to share the products of their experience and research, and it is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import to military legal scholarsh...
Introduction: The Supreme Court afforded substantial procedural protections? to parolees facing parole revocation when it decided in Morrissey o. Brewer that constitutional due process safeguards were to be applied to parole revocation proceedings. In Gagnon v. Scarpelli decided on May 14, 1973, less than a year after Morrissey, the Supreme Court extended procedural due process protections to probation revocation proceedings. Of the armed services, however, only the Army...
Introduction: Recent events in the international social process have forced the community to consider how to better protect mankind from the scourge of international terrorism. Although some states have recently questioned the need for a total ban on all forms of international terrorism, all seem to share the view that the world community must reach an agreement which prohibits terroristic acts that are contrary to the principles of the United Nations Charter and to othe...
Excerpt: Since 1958, the Military Law Review has been published at The Judge Advocate General?s School, United States Army, Charlottesville, Virginia. The Military Law Review provides a forum for those interested in military law to share the products of their experience and research and it is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import to military legal scholarshi...
Introduction: Twelve years ago Professors Jaffe and Nathanson noted in the preface of their administrative law casebook that ?there is, now, an insistent demand that the principles of fair play developed to protect property interests be extended to the ?personal interests? of the alien, the government employee, the citizen.? If that preface were being written today, it should also include the soldier, for, to a significant degree, the personal interests of the soldier an...
Excerpt: The Propriety of Broad Collateral Review by the Federal courts.
Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, US. Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experiences and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference...
Foreword: This issue of the Military Law Review is devoted to articles on various military justice subjects and commemorates the fifteenth anniversary of the effective date of the Uniform Code of Military Justice. Since that date an evolution in the administration' of military justice in our armed forces has taken place. Decisional law has amplified the Code. Administrative action has produced beneficed innovations such as the Army Judiciary. Congressional motion has wro...
Preface: Since the landmark study by Snee and Pye of the actual operation of article VII of the NATO Status of Forces Agreement first appeared in 1956, virtually nothing has been written concerning the work done by U.S. trial observers, either under NATO-SOFA or in other jurisdictions. This study is an attempt to update developments in this area and to present, for the first time, the actual workings of the trial observer system as viewed by the observers themselves.
Excerpt: The Military Law Review has been published quarterly at The Judge Advocate General?s School, US. Army, Charlottesville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference ...
Introductions: Litigation over the retirement of military personnel for physical disability is a post-World War II phenomenon in our jurisprudence. Although statutory provisions for retirement of disabled servicemen have always existed, almost no disputes were reported in the judicial decisions prior to 1948. Two events probably set the stage for the modern Ligation. One was the Act of Congress in 1939 which extended to reservists the same physical disability retirement ...
Excerpt: This article is a study of the law governing United States military procurement conducted outside the United States. Emphasis is placed on the recognition of the sources of law which apply to offshore contracts and the relationship between these rules and public and private international law. Specific topics discussed include the remedies available to resolve disputes arising out of offshore contracts, the effect offshore procurement has on the doctrine of sover...
Introduction: Claims against the Government are an indicator of the quality of medical care.' This measure is a crude one, but it does represent the unsatisfied patient, sufficiently disturbed to go through the effort involved in actually filing a claim. Thus, it goes beyond the restive patient suffering in silence, or writing letters to the commander, or seeking out the ombudsman. On the other hand, it also excludes the injured patient who assumes the injury as a risk o...