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This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.
This textbook comprehensively covers the modern military justice system under the Uniform Code of Military Justice. The materials included come from every service within the Armed Forces, and show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pre-trial, trial, and appellate procedures; the role of judge advocates; non-judicial punishment and other alternatives to courts-martial; special forums such as boards of inquiry and military commissions for trying enemy belligerents; the relationship of courts-martial to state and federal courts; and much more. All chapters include policy questions about currently controversial issues. The text is appropriate for all students, whether or not they have had prior military experience. The Second Edition includes five new cases and addresses new legislation concerning special victims counsel; preliminary hearings; the role of commanders in referring and reviewing charges; mandatory minimum sentences for conviction of certain sex offenses; the offense of sodomy; and the good soldier defense.
Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
"Afflicted Powers is an account of world politics since September 11, 2001. It aims to confront the perplexing doubleness of the present - its lethal mixture of atavism and new-fangledness. A brute return of the past, calling to mind now the Scramble for Africa, now the Wars of Religion, is accompanied by an equally monstrous political deployment of (and entrapment in) the apparatus of a hyper-modern production of appearances."--BOOK JACKET.
Conducting the Global War on Terrorism (GWOT) and projecting United States (US) influence worldwide has meant an increasing number of US diplomats and military forces are assigned to locations around the world, some of which have not previously had a significant US presence. In the current security environment, understanding foreign cultures and societies has become a national priority. Cultural understanding is necessary both to defeat adversaries and to work successfully with allies.
History and Legal Norms
“Welcome to our peaceful protest.” In the spring of 2020, government mandates forced churches across North America to close their doors in response to the COVID-19 pandemic. As societal fear and unrest increased, Christians were forced to grapple with how God wanted them to respond to these state-imposed restrictions. After all, didn’t the closure of churches pose a serious threat in a time when people needed spiritual direction more than ever? God vs. Government follows two churches’ courageous decisions to reopen despite orders to remain closed. Guided by the command in Hebrews 10:25 that churches not forsake meeting together, pastors John MacArthur and James Coates led their congregations to return to in-person meetings—and were swiftly met by unsympathetic governing authorities ready to shut them down again. The ensuing legal battles raised important questions about religious freedom, and more importantly, illuminated what it looks like to take a stand when Christ and compliance collide. How do we react with wisdom and discernment when the state encroaches upon the church? God vs. Government tells two incredible accounts that affirm our need to be faithful to the Lord’s commands no matter the circumstances.