More on Military Courts and Article III

A little over a month ago, I posted about my forthcoming article, “Military Courts and Article III,” a copy of which is now available via SSRN. For folks who prefer the Reader’s Digest version, I’ve been blogging about the paper over at Gene Fidell’s fantastic new blog, “Global Military Justice Reform,” over the past few days. The blog itself is worth your time, but here’s a quick and dirty guide to my posts thus far:

  1. Part I (last Thursday): Introducing the central problem the paper identifies.
  2. Part II (last Friday): Providing an overview of the Supreme Court’s constitutional defense of adjudication by non-Article III courts-martial.
  3. Part III (yesterday): Providing an overview of the Supreme Court’s constitutional defense of adjudication by non-Article III military commissions.
  4. Part IV (today): Showing how three recent developments have fundamentally destabilized the military exception, and have underscored the latent analytical and doctrinal incoherence pervading the field.
  5. Part V (coming tomorrow): Explains how one potential way to reconcile the disparate threads of the Court’s jurisprudence would re-ground the military exception in international law–and the permissible scope of military jurisdiction under clearly established norms thereof.

 

About the Author(s)

Steve Vladeck

Co-Editor-in-Chief of Just Security and Professor of Law at the University of Texas School of Law. Follow him on Twitter (@steve_vladeck).