Uniform Code of Military Justice

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45 Articles
The US Navy warship USS Sampson (DDG 102) docks at the Amador International Cruise Terminal in Panama City

Legal Flaws in the Trump Administration’s Notice to Congress on “Armed Conflict” with Drug Cartels

The Trump administration’s “armed conflict” justification, however, is groundless.

FAQ for Senior Military Officers at Hegseth’s Quantico Meeting

Military justice expert Eugene Fidell answers crucial questions ahead of next week's senior military meeting with Secretary of Defense Pete Hegseth.
Military justice image

US Servicemembers’ Exposure to Criminal Liability for Lethal Strikes on Narcoterrorists

Analysis by former career judge advocate officer and former court-martial prosecutor.
Gavel on a table in front of a chair with a military uniform

Could Trump Use the Uniform Code of Military Justice to Stifle the Protected Speech of Military Retirees?

The concerns expressed about the possible application of UCMJ's Article 88 to the protected speech of retired military officers aren't theoretical.
The US Navy warship USS Sampson (DDG 102) docks at the Amador International Cruise Terminal in Panama City

The Many Ways in Which the September 2 Caribbean Strike was Unlawful … and the Grave Line the Military Has Crossed

A deep dive into US domestic authority and law most relevant to the US strike on alleged Venezuelan drug boat.
The U.S. flag is shown on a U.S. Army soldier's uniform.

Some Reforms to Consider as the Uniform Code of Military Justice Turns 75 This Spring

The UCMJ's 75-year mark is an auspicious time to consider reforms that would dramatically alter the system President Truman signed into law.
Speaker's rostrum flanked by gold figures and backdrop of USA flag

FY22 NDAA: A Missed Opportunity to Improve Military Justice

The draft FY22 NDAA disappoints with watered-down military justice reform provisions.
Legal blind justice Themis metal statue with scales on chains

Litigation Tracker: Major Decisions Facing the Biden Administration

The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…
Air Force Inspector General Lt. Gen. Sami D. Said speaks during a press briefing at the Pentagon, Washington D.C., November 3, 2021. An American flag stands beside him.

The Missing Kabul Drone Strike Report

"It is simply not credible that the entire investigative report must be withheld in order to protect (as one imagines the claim) sources and methods of intelligence-gathering."
Former General Michael Flynn, President Donald Trump’s recently pardoned national security adviser, gives a thumbs up as he departs a protest of the outcome of the 2020 presidential election outside the Supreme Court on December 12, 2020 in Washington, DC. Trump supporters walk around him. Most, including Flynn, do not wear face masks.

What To Do About Lt. General (retired) Flynn: Military Justice and Civil-Military Relations Considerations

Flynn's recent conduct has raised new questions about retiree court-martial jurisdiction. Yevgeny Vindman and Dan Maurer make the legal and policy argument for a court-martial.…
Flynn speaks to Trump supporters during a rally to overturn the election results outside the Supreme Court on December 12, 2020 in Washington, DC. The Trump supporters carry American flags, Trump flags and signs. Many take photographs or video with their phones.

Getting Real About General Flynn

At a rally in Dallas on May 30, 2021, retired U.S. Army Lieutenant General Michael T. Flynn put his foot in his mouth. Again. This time his offense was a comment in response to…
Hospital Corpsman 3rd Class Hizyme Potter, administers a COVID-19 vaccine to Capt. Stewart Bateshansky, commodore of Amphibious Squadron (PHIBRON) 3, aboard the amphibious assault ship USS Makin Island (LHD 8) in the Arabian Gulf, March 19, 2021. Both wear face masks and Hospital Corpsman Potter wears gloves and a face shield.

Should the COVID-19 Vaccine Be Required for the Military?

A mandatory vaccination program would likely be upheld in military and federal courts if President Biden determines that it is in the interests of national security.
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