Comments on: More scholarship on court-martial jurisdiction over civilians

By: Dew_Process

Dew_Process — Sat, 26 Sep 2009 20:08:42 +0000

Phil,
“I resemble that remark!”

By: Comrade Cossio

Comrade Cossio — Sat, 26 Sep 2009 05:46:28 +0000

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

Illinois, huh? Figures.

By: Phil Cave

Phil Cave — Sat, 26 Sep 2009 00:16:30 +0000

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.”

By: Dew_Process

Dew_Process — Fri, 25 Sep 2009 22:14:54 +0000

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).

By: Comrade Cossio

Comrade Cossio — Fri, 25 Sep 2009 21:19:23 +0000

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.

By: No Man

No Man — Fri, 25 Sep 2009 20:54:17 +0000

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.