Non-Deployable: The Court Martial System in Combat from 2001 to 2009

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Authors

Rosenblatt, Franklin D.

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2011

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44

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Journal Article

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INTRODUCTION|Conventional wisdom holds that the American court-martial system can follow the military anywhere in the world and still function effectively. For instance, a group of military law experts recently touted, "In recent years, the system created and governed by the UCMJ [Uniform Code of Military Justice] has continued to operate effectively through the increased tempo of operations and distinctive legal challenges of the ongoing wars in Iraq and Afghanistan." When speaking in platitudes rather than analyzing actual practice, military lawyers have also joined this refrain: "The military justice system ... goes wherever the troops go-to provide uniform treatment regardless of locale or circumstances." Another group of judge advocates concluded approvingly, "During times of conflict, as always, military members deserve the highest protections. Judge advocates continue to work with commanders during contingency operations to exercise swift and sound justice in sometimes austere conditions."...

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44 Creighton L. Rev. 1045 (2010-2011)

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Creighton University School of Law

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