I became a judge advocate 22 years ago.  In that time, I don’t think any court-martial issue has sparked as much commentary in civilian law reviews as the expansion of court-martial jurisdiction to cover civilians accompanying the military in the field in contingency areas.  Here are two more articles on the subject:

Major Christopher S. Morgan & Major Shawn D. McKelvy, Essay: The “Ethical” Case for Trying Civilian Contractors Under the Uniform Code of Military Justice, 50 So. Tex. L. Rev. 859 (2009).

Steven P. Cullen, Out of Reach:  Improving the System to Deter and Address Criminal Acts Committed by Contractor Employees Accompanying Armed Forces Overseas, 38 Pub. Cont. L.J. 509 (2009).

6 Responses to “More scholarship on court-martial jurisdiction over civilians”

  1. No Man says:

    I read about the first 13 pages . . . and then the rains came. Given that the article mentions the Charming Betsy canon of construction three times in those first 13 pages (of 31 pages), it is not for your hard core MJW and deals primarily with the FTCA.

  2. Comrade Cossio says:

    Major Chris Morgan sure is spending a lot of time typing up these articles, but then what else is he going to do while at JAG school.

    I would like to see research on Martial Law here in the US during the Civil War, and any implications of it in future use.

  3. Dew_Process says:

    Cossio, it’s out there. Check out:
    J.A. Carbaugh, Martial Law, 7 Ill. L. Rev. 479.

    Fairman, Martial Law and the Suppression of Insurrection, 23 Ill. Law. Rev. 766.

    F.B. Wiener, A Practical Manual of Martial Law (1940).

    Birkhimer, W, Military Government and Martial Law, 3rd ed. rev. (Kansas City, Mo: Franklin Hudson Publishing. Co., 1914).

    Fairman, Lt Col C., The Law of Martial Rule, 2nd ed. (Chicago: Callaghan & Co, 1943).

    The best of the more recent scholarship: Neely, M., The Fate of Liberty: Abraham Lincoln and Civil Liberties (NY: Oxford Univ. Press, 1991).

    And the best of the best: Randall, J., Constitutional Problems Under Lincoln, rev. ed. (Urbana, IL: Univ. Illinois Press, 1951).

  4. Phil Cave says:

    That’s pretty funny, Dew Process educating us on martial law: next you’ll have a catchy saying, “due process is to martial law as martial law is to music.”

  5. Comrade Cossio says:

    Great, thanx !!! As soon as my school gets Lexis straight I’ll be all over it.

    Illinois, huh? Figures.

  6. Dew_Process says:

    Phil,
    “I resemble that remark!”