Civilian Court-Martial Jurisdiction and United States v. Ali: A Re-Examination of the Historical Practice

Date

2013

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Argues that this "area of actual fighting" interpretation is better served by a broader approach that is consistent with the historical interpretation of the phrase "in the field" and that also addresses the specific reason for the extension of jurisdiction over civilians-to maintain good order, discipline, and mission accomplishment when American forces are facing hostilities.

Description

Keywords

Supreme Court looks at civil court-martial jurisdiction, United States ex rel. Toth v. Quarles Holding, Requirement of hostilities, Discipline nexus, Walker v. Chief Quarantine Officer, Maintaining discipline during hostilities and area of actual fighting, Host-nation interests, Operations in support of combat operation, Peacekeeping operations

Citation

Lieutenant Colonel Mark Visger, Civilian Court-Martial Jurisdiction and United States v. Ali: A Re-Examination of the Historical Practice, 46 Tex. Tech L. Rev. 1111 (2013-2014)