Major General Enoch Crowder served as the Judge Advocate General of the United States Army from 1911 to 1923. In 1915, Crowder convinced Congress to increase the size of the Judge Advocate General's Office―the legal arm of the United States Army―from thirteen uniformed attorneys to more than four hundred. Crowder's recruitment of some of the nation's leading legal scholars, as well as former congressmen and state supreme court judges, helped legitimize President Woodrow Wilson's wartime military and legal policies. As the United States entered World War I in 1917, the army numbered about 120,000 soldiers. The Judge Advocate General's Office was instrumental in extending the military's reach into the everyday lives of citizens to enable the construction of an army of more than four million soldiers by the end of the war. Under Crowder's leadership, the office was responsible for the creation and administration of the Selective Service Act, under which thousands of men were drafted into military service, as well as enforcement of the Espionage Act and wartime prohibition. In this first published history of the Judge Advocate General's Office between the years of 1914 and 1922, Joshua Kastenberg examines not only courts-martial, but also the development of the laws of war and the changing nature of civil-military relations. The Judge Advocate General's Office influenced the legislative and judicial branches of the government to permit unparalleled assertions of power, such as control over local policing functions and the economy. Judge advocates also altered the nature of laws to recognize a person's diminished mental health as a defense in criminal trials, influenced the assertion of US law overseas, and affected the evolving nature of the law of war. This groundbreaking study will appeal to scholars, students, and general readers of US history, as well as military, legal, and political historians.

To Raise and Discipline an Army: Major General Enoch Crowder, the Judge Advocate General’s Office, and the Realignment of Civil and Military Relations in World War I

History

Kastenberg, Joshua

Americas

Northern Illinois University Press

There are already many articles and books about military justice, but the third edition of Military Justice: Cases and Materials is different. Rather than offering a staid recitation of military court rules and cases, this volume gives law professors a powerful tool to introduce students to military justice while also deepening their understanding of criminal law and procedure, comparative law, international law, and constitutional law. At a time of ongoing combat operations and high-profile courts-martial, students and professors now have a new framework through which to analyze and evaluate worldwide military justice. This casebook facilitates a deep understanding of military justice, its underlying principles, and lessons provided by international norms and comparative analyses of foreign systems. The book s examination of the U.S. court-martial system allows students to explore the role and operation of military justice and the principles of a democratic society. In an era of worldwide deployments, multi-national operations, and global as well as domestic terrorism, the book illuminates the interconnectedness of military justice systems through a far-ranging collection of judicial opinions, statutes, regulations, commentaries, and scholarship. While the materials presented draw heavily from the United States, most chapters also present materials from other jurisdictions to enhance students appreciation of both the American experience and the availability of alternative approaches to military discipline, accountability, and punishment. The book begins with an overview of the nature of a military justice system and its component parts. Chapter 2 explores the central issue of the commander s role in military justice while Chapter 3 addresses the related concept of summary discipline. Chapter 4 then assesses professional responsibility rules for military lawyers. The next group of chapters examines the fundamental question of who may be tried by court-martial, the offenses that permissibly fall within a military justice system s ambit, and unique military crimes. An analysis of how the obligations of military service might alter the protection of fundamental rights follows before the book turns to the military judges and jurors who comprise the court-martial, the rules of evidence military judges apply, and the punishments a court-martial may impose. The system s review and appellate procedures are then analyzed, followed by a group of chapters assessing the special contexts in which military justice systems operate. First comes a broad appraisal of the challenges a military justice system faces during combat and peacekeeping operations, then a consideration of the role of military commissions, with a special emphasis on the post-9/11 military commission system the United States operates at Guantanamo Bay. The book s final chapter gives students a timely glimpse into the changes that lie ahead by focusing on the critical processes of legal reform and globalization.

Military Justice: Cases and Materials

Fidell, Eugene

Hillman, Elizabeth

Rosenblatt, Franklin

Sullivan, Dwight

Foreign & International Law

Carolina Academic Press

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