The Spring 2010 issue of the Military Law Review is available here.  It appears to be the military commission/”Don’t Ask, Don’t Tell” edition.

15 Responses to “Spring 2010 issue of Military Law Review online”

  1. Anonymous says:

    From the “anti” Repeal DADT article:

    “Until the Nation’s leadership can implement DADT’s repeal without inflicting more strain on an already thinly-stretched force, DADT’s provisions on acts and marriage should remain unchanged.”

    That’s effectively code for DADT’s provisions on acts and marriage should never be changed. All of the parade of horribles listed in that article have a non-zero chance of occurring regardless of whether the service is stretched-thin or not.

    The problem is, that non-zero chance in many cases is a lot closer to zero than not. The only argument in that article that carries any real logical resonance is the housing issue.

    The rest calls upon every stereotype out there and presents worst-case scenarios built upon worst-case scenarios to the point of worrying that a hetero LT panel member may say he is opposed to homosexuality while his gay commander is listening and how that might negatively affect the LTs career.

    (of course, the obvious solution is ask those questions during individual voir dire).

    I was particularly unmoved by the argument that consensual sodomy is unprotected legally for homosexuals when it involves a senior & subordinate, as if that is somehow problematic or surprising (since it is similarly so for heterosexuals).

    A lot of strawman arguments in that article. No doubt there will be issues/problems, many anticipated, some not. The question is, what is the right thing to do, and are our Soldiers/Sailors/Marines professional enough to implement it.

    I think they are.

  2. Balkan Ghost says:

    Although treatment of DADT in this Mil L Rev is sure to generate lots more discussion, I also want to plug my book review towards the end of this edition. P.W. Singer’s Wired for War is an impressive and thoughtful book that’s a worthy summer read.

  3. DB Cooper says:

    I was particularly unmoved by the argument that repealing DADT would result in the military accepting transgenderism, and that the military would be forced to foot the bill for gender reassignment surgery and transexual hormone treatment. To quote Homey the Clown: “I don’t think so”

  4. Anonymous says:

    The argument seemed to be either that once you stop some discrimination you must allow in everyone (not true) or a slippery-slope argument that once you let in “the gays” then “the trannies” will eventually follow.

    Would bring a whole new meaning to fierce though.

  5. any mouse says:

    A couple questions:

    Does repealing “Don’t Ask, Don’t Tell” make the force stronger? I don’t know the answer to this question and it doesn’t seem like anyone is trying to figure this out. If the answer is no, it makes absolutely no sense to repeal DADT. Desegregation and allowing women to serve clearly made the force stronger.

  6. any mouse says:

    Er…one question I mean.

  7. Southern Defense Counsel says:

    Any mouse,

    Shouldn’t the question be “Would repealing DADT make the force weaker”? If the net effect is 0, shouldn’t we allow homosexuals to serve? Why must it make the force stronger to be acceptable? Perhaps I nitpick, but putting the onus on the group being discriminated against to prove that they won’t make waves seems to me a bit antithetical to the whole “equal under the laws” idea.

    Also, your statement that previous inclusions in the force “clearly made the force stronger” has the benefit of hindsight and did not have 100% support when first proposed / enacted. Many forecast race riots when Truman sought to integrate african americans. As for women serving, look no further than the debate on women on subs and women in combat to see that the jury of public support is still out WRT that issue.

  8. Anonymous says:

    So if desegregation and adding women would have made the force weaker, then they shouldn’t have happened?

  9. haha says:

    to summarize the conservative piece re canada and the uk … we dislike gays more than they do.

    unfortunately for the author we had an election about that. among other issues.

    unfortunately for the author she lost

  10. any mouse says:

    You are correct, the question should be does it make it weaker. Regardless, it still seems like no one is asking/answering that question.

  11. Anonymous says:

    I don’t think that’s the question either nor is it that simple.

    On the one hand, you have discrimination of a group simply because of their sexual orientation. A group we actually let serve, but have this weird rule that says they have to hide who they are (not just from the rest of us but they can’t even do stuff in the privacy of their own bedroom).

    The very fact that we have DADT shows that there is no rational reason why gays cannot serve in the military, because we have gays serving in the military.

    If the proper question was “does this make the force weaker” then blacks and women would have never been let in because in both cases, there were issues/troubles/problems at the start.

    It’s only though hindsight that we see everything worked out for the best (although some STILL to this day argue that allowing women in has weakened the military).

  12. Law Student says:

    Does the government publish Mil. L. Rev. in hard copy? If so, where might one get his hands on it? Thanks!

  13. L Feltman says:

    There is a subscription order form on the last page of the Administrative Information section (page vii). You’ll find information about back copies in the Administrative Information section as well.

  14. Law Student says:

    Thank you, L Feltman!

  15. Dino S. says:

    It is worth mentioning that THREE Chairmen of the Joint Chiefs of Staff; Admiral Michael Mullen, General Colin Powell and General John Shalikashvili have endorsed repealing don’t ask don’t tell. They are three very thoughtful, officers with great insight of what our armed forces needs. No, repealing DADT will NOT make our force weaker but stronger!!!!