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LAW-2814 Military Law
Mr. James Gallagher,
2 credits day; 2 credits evening.
This course will explore the intersection of the military and the law. With today’s increasing
pace of military actions and operations, the law is constantly changing how the military fights. In
addition, the military justice system continues to evolve as it tries to keep pace with the country’s
changing societal norms. We will discuss the law of armed conflict and also major international
convention law and how it impacts today’s warfighters. We will also discuss the nature and
function of military justice today. Relevant topics will include the courts-martial system, and its
constitutional and regulatory basis; the constitutional rights of military personnel; courts-martial
jurisdiction and offenses; trial and appellate structure; the roles of commanders, Congress, the
Supreme Court, and the President; command influence; and the role of custom, and punishment.
To the greatest extent possible we will incorporate current issues from Iraq, Afghanistan, those
involving military commissions, command accountability, military justice on the battlefield,
judicial independence, the repeal of “don’t ask don’t tell,” adultery, and fraternization. The two
primary texts for the class will be The Operational Law Handbook, International and Operational
Law Department, The Judge Advocate General’s Legal Center and School (PDF Version
available for download) and Fidell, Hillman & Sullivan, Military Justice: Cases and Materials
(LexisNexis 2011). In Class Exam.
Enrollment is limited: 20
Elective Course
List of Recommended Perspectives Courses
Meets International Law Concentration Requirements
Take Home Exam Required
<<Course Updated: March 14, 2016>>