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

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"Both military and legal historians have tended to pay less attention to the history of military justice than the implications for their fields warrant. Lurie's book ought to override any excuse for persisting in neglect, because it makes the subject accessible with clear, direct prose, developing not only the full military and legal contexts but also the relevant developments in United States history at large."—Russell F. Weigley, author of The American Way of War: A History of United States Military Strategy and Policy

"Lurie tells a story and raises interpretive issues that are of great importance to American constitutional and legal historians."—Harry N. Scheiber, Journal of American History

Author Biography: Jonathan Lurie is professor of history and adjunct professor of law at Rutgers University and has been historian and archivist for the U.S. Court of Appeals for the Armed Forces since 1987. He is also the author of Law and the Nation, 1865-1912.

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Editorial Reviews

Military Law Review
A thought-provoking examination of the philosophical framework underlying military justice.
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 (
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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: 354
  • Product dimensions: 8.90 (w) x 5.90 (h) x 0.90 (d)

Table of Contents

1 Military and Civilian "Review" to 1815 1
2 Military and Civilian "Review" to 1900 13
3 The Ansell-Crowder Controversy, 1917-1918: Round I 28
4 The Ansell-Crowder Controversy, 1918-1919: Round II 43
5 The Ansell-Crowder Controversy, 1919-1920: The Outcome 59
6 Renewed Calls for Reforming Military Justice, 1943-1948 76
7 Forrestal Creates Two Committees, 1948 89
8 The Committee, the Code, and the Court, 1948-1949 101
9 Congress, the Code, and the Court, 1948-1949 113
10 Congress, the Code, and the Court, 1949 126
11 Creation of the Court, 1949-1950 137
12 Journeys to the Judgeships, 1950-1951 155
13 Initial Court Organization and Operation, 1951-1955 169
14 The Court Commences, 1951-1955 184
15 Judges Versus JAGs, 1951-1955 199
16 New Judge, Old Issues, Same Forum, 1955-1956 219
17 Jurists Disagree, Congress Delays, a Judge Departs, 1957-1961 233
18 Assessing Military Justice, Attempting Life Tenure, Attaining Reappointment, 1961-1966 249
19 Litigation, Legislation, and Longevity for Quinn, 1965-1968 263
20 Disagreements, Departures, and Decisions, 1969-1975 279
21 Conclusion, Confrontation, and Culmination, 1975-1980, Part I 296
22 Conflicts and Culmination Concluded, 1975-1980, Part II 309
Epilogue 326
Bibliography 331
Index 339
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