Military Justice in America: The U. S. Court of Appeals for the Armed Forces, 1775-1980 / Edition 1

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Overview

A unique but largely neglected part of the American legal system, the United States Court of Appeals for the Armed Services marks its fiftieth anniversary in 2001. In Military Justice in America, Jonathan Lurie chronicles the struggles leading to the Court's creation, as well as its subsequent efforts to fulfill a difficult and sometimes controversial mission. Illuminating and fairminded, Lurie's work provides a new and valuable perspective on the uneasy relations between civil and military authority.

Both comprehensive and detailed, Military Justice in America explores the history of the Court, which finally emerged in the wake of the national debates over the confrontation between civilian commitment to due process and individual rights and the military's demand for discipline. Deftly summarizing the Court's prehistory, Lurie then examines the Court's performance during its early years, amidst a growing civil rights movement and an increasingly unpopular war in Vietnam. He also shows how the Court matured as an institution, with its own procedures and personality, and analyzes its stormy relationship with the office of the Judge Advocate General. Along the way, he gives due attention to civilian control of the military, the essential differences between civilian and military jurisprudence, the ongoing interplay between law and politics.

Drawing on a wide range of manuscript collections, court files, and personal interviews, Lurie's work also critically assesses the Court's overall effectiveness. In particular, Lurie looks closely at the Court's efforts to maintain its independence, to insulate the courts-martial process from improper influence, and to fashion a just jurisprudence based on the Bill of Rights. He argues that, despite its undeniable achievements, the Court's performance has not lived up to its full potential and, further, has been seriously compromised by its continued accountability to the Senate Armed Services Committee. In the end, however, he points to the Court as an essential example (and reminder) of how, in our democracy, even the military must, in theory at least, answer to civilian authority.

Military Justice in America substantially abridges and revises two previous and heavily annotated volumes—Arming Military Justice and Pursuing Military Justice—originally commissioned by the Court for a much more limited readership. This new one-volume paperback edition has been prepared with a considerably wider readership in mind. Much more accessible and affordable than its predecessors, it will be especially appealing for anyone interested in American law, military history, and civil-military history.

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Editorial Reviews

Military Law Review
A thought-provoking examination of the philosophical framework underlying military justice.
Booknews
Lurie (history and law, Rutgers U.) has been historian archivist for the US Court of Appeals for the Armed forces since 1987. This one- volume edition contains revised versions of two of Lurie's previous books, and (Princeton U. Press; 1992 and 1998, respectively). After examining the establishment of the Court, he looks at selection of members, Court operations in the past 50 years, and the degree of success and failure of the mandate exercised by the Court. The differences<-->and tensions<-->between civilian and military justice, civilian control of the military, and the impacts of the interplay between law and politics on the Court are also considered. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780700610808
  • Publisher: University Press of Kansas
  • Publication date: 1/1/2001
  • Series: Modern War Studies Series
  • Edition description: REVISED
  • Edition number: 1
  • Pages: 362
  • Product dimensions: 8.90 (w) x 5.90 (h) x 0.90 (d)

Table of Contents

Preface

1. Military and Civilian "Review" to 1815

2. Military and Civilian "Review" to 1900

3. The Ansell-Crowder Controversy, 1917-1918: Round I

4. The Ansell-Crowder Controversy, 1918-1919: Round II

5. The Ansell-Crowder Controversy, 1919-1920: The Outcome

6. Renewed Calls for Reforming Military Justice, 1943-1948

7. Forrestal Creates Two Committees, 1948

8. The Committee, the Code, and the Court, 1948-1949

9. Congress the Code, and the Court, 1948-1949

10. Congress, the Code, and the Court, 1949

11. Creation of the Court, 1949-1950

12. Journeys to the Judgeships, 1950-1951

13. Initial Court Organization and Operation, 1951-1955

14. The Court Commences, 1951-1955

15. Judges Versus JAGS, 1951-1955

16. New Judges, Old Issues, Same Forum, 1955-1956

17. Jurists Disagree, Congress Delays, and Judge Departs, 1957-1961

18. Assessing Military Justice, Attempting Life Tenure, Attaining Reappointment, 1961-1966

19. Litigation, Legislation, and Longevity for Quinn, 1965-1968

20. Disagreements, Departures, and Decisions, 1969-1975

21. Conclusion, Confrontation, and Culmination, 1975-1980, Part I

22. Conflicts and Culmination Concluded, 1975-1980, Part II

Epilogue

Bibliography

Index

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