Thinking About Due Process

Date

1988

Authors

Rosen, Richard

Journal Title

Journal ISSN

Volume Title

Publisher

Abstract

The Army has a duty to accomplish its mission efficiently, cheaply, and in a timely manner. If the Army can treat those with whom it deals fairly and with respect without having to incur the expense of costly administrative procedures and exposure to needless litigation, it should do so. Judge advocates share in this responsibility of ensuring the Army doesn’t furnish excessive adjudicatory process or create interests that may lay the groundwork for later lawsuits. Judge advocates also have an obligation to clients to limit their exposure to lawsuits. The author proposes that while due process itself is not bad, excessive due process can be unnecessary and detrimental to the Army’s mission.

Description

Keywords

due process, Constitutional law, procedural due process, judicial review, army, military, protected interests, mandatory due process, U.S. Constitution, administrative procedures, judge advocates

Citation

Richard Rosen, Thinking About Due Process, 1988 Army Law 3 (1988).