Military Justice in America: The U.S. Court of Appeals for the Armed Forces, 1775-1980

by Lurie, Jonathan

• ISBN13: 9780700610808
• ISBN10: 0700610804
• Edition: Revised
• Format: Paperback
• Copyright: 2001-04-01
• Publisher: Univ Pr of Kansas

Summary

A unique but largely neglected part of the American legal system, the United States Court of Appeals for the Armed Forces marks its fiftieth anniversary in 2001. In Military Justice in America, Jonathan Lurie chronicles the struggles leading to the Court's creation, as well as its subsequent efforts to fulfill a difficult and sometimes controversial mission. Illuminating and fairminded, Lurie's work provides a new and valuable perspective on the uneasy relations between civil and military authority.

Both comprehensive and detailed, Military Justice in America explores the history of the Court, which finally emerged in the wake of the national debates over the confrontation between civilian commitment to due process and individual rights and the military's demand for discipline. Deftly summarizing the Court's prehistory, Lurie then examines the Court's performance during its early years, amidst a growing civil rights movement and an increasingly unpopular war in Vietnam. He also shows how the Court matured as an institution, with its own procedures and persona

Author Biography

Jonathan Lurie is professor of history and adjunct professor of law at Rutgers University and has been historian and archivist for the U.S. Court of Appeals for the Armed Forces since 1987

Table of Contents

Preface	ix
Military and Civilian ``Review'' to 1815	1	(12)
Military and Civilian ``Review'' to 1900	13	(15)
The Ansell-Crowder Controversy, 1917--1918: Round I	28	(15)
The Ansell-Crowder Controversy, 1918--1919: Round II	43	(16)
The Ansell-Crowder Controversy, 1919--1920: The Outcome	59	(17)
Renewed Calls for Reforming Military Justice, 1943--1948	76	(13)
Forrestal Creates Two Committees, 1948	89	(12)
The Committee, the Code, and the Court, 1948--1949	101	(12)
Congress, the Code, and the Court, 1948--1949	113	(13)
Congress, the Code, and the Court, 1949	126	(11)
Creation of the Court, 1949--1950	137	(18)
Journeys to the Judgeships, 1950--1951	155	(14)
Initial Court Organization and Operation, 1951--1955	169	(15)
The Court Commences, 1951--1955	184	(15)
Judges Versus JAGs, 1951--1955	199	(20)
New Judge, Old Issues, Same Forum, 1955--1956	219	(14)
Jurists Disagree, Congress Delays, a Judge Departs, 1957--1961	233	(16)
Assessing Military Justice, Attempting Life Tenure, Attaining Reappointment, 1961--1966	249	(14)
Litigation, Legislation, and Longevity for Quinn, 1965--1968	263	(16)
Disagreements, Departures, and Decisions, 1969--1975	279	(17)
Conclusion, Confrontation, and Culmination, 1975--1980, Part I	296	(13)
Conflicts and Culmination Concluded, 1975--1980, Part II	309	(17)
Epilogue	326	(5)
Bibliography	331	(8)
Index	339