Analyzing the constitutional tensions and applicability of Military Rule of Evidence 505 in courts-martial over United States service members: secrecy in the shadow of Lonetree Joshua E. Kastenberg The advent of the cold war brought concerns over classified national security information becoming public in criminal trials. The federal government, in response, enacted the Classified Information […]
Category: Air Force Law Review
United States v. Mason and United States v. Irvin: impacting military justice practice in child pornography cases Daniel A. Olson I. INTRODUCTION As your installation’s Chief of Military Justice, you’ve just been briefed that an active duty officer has been downloading child pornography from the Internet. (1) You’re tasked to draft charges, but haven’t kept […]
Environmental criminal liability: what federal officials know can hurt them – or should know Joseph E. Cole I. INTRODUCTION The concept of holding a corporate officer or federal official liable for an environmental crime based on their position of authority over the violating activity is known as the Responsible Corporate Officer (RCO) doctrine. (1) While […]
The revolution in military legal affairs: Air Force legal professionals in 21st century conflicts Charles J. Dunlap, Jr. COLONEL CHARLES J. DUNLAP, JR., USAF * I. INTRODUCTION For almost a decade now the American military has been in the throes of what is known as the Revolution in Military Affairs (RMA). (1) The progeny of […]
The American military justice system in the new millennium James B. Roan I. INTRODUCTION “Nothing is more harmful to the service than the neglect of discipline; for that discipline, more than numbers, gives one army superiority over another.” (1) As commander of the Continental Army, George Washington recognized that no military unit could function without […]
The military justice system in Australia Frank B. Healy When the British Government established a penal colony in Australia in 1788, the sailors and soldiers who accompanied the transported prisoners were governed by the English Mutiny Act and the Articles of War that were in force at the time. Following the withdrawal of the English […]
Asbestos: a legal primer for Air Force installation attorneys James V. Cannizzo I. INTRODUCTION At virtually all military installations, asbestos will sooner or later create environmental, safety and legal issues. In years past, asbestos was so widely used in construction materials that it is presumed present in structures built prior to 1980. (1) The statutes […]
International bounty hunters for war criminals: privatizing the enforcement of justice Christopher M. Supernor CHRISTOPHER M. SUPERNOR [*] I. INTRODUCTION International law is often criticized for lacking any formal means of enforcement. [1] International criminal tribunals are not supported by an international police force. Many of the individuals indicted by the International Criminal Tribunal for […]
United Nations peace operations: applicable norms and the application of the law of armed conflict Joseph P. Bialke JOSEPH P. “DUTCH” BIALKE [*] I. INTRODUCTION With this new millennium comes a New World. Because of unprecedented advances in travel and communication over the previous century, it is a decisively smaller world. This smaller world emphasizes […]
A perspective on Canada’s Code of Service Discipline – Canadian military justice system Jerry S.T. Pitzul I. THE DEVELOPMENT OF CANADA’S MILITARY JUSTICE SYSTEM TO 1950 It has been suggested that “the procedures for disciplining the military forces of a nation are a direct reflection of the society that the forces were created to defend.” […]