Curriculum Guide · Courses
Judicial Review of Military Justice Proceedings: Separation and Sharing of Powers in Historical Perspective
J.D. Seminar 1106 (cross-listed) | 2 credit hours
The Supreme Court has emphasized the vital role of historical analysis in its review of courts-martial, military commissions, and related military proceedings. This seminar will explore the development and practice of American military law, with particular emphasis on the historical relationship between military courts organized under Article I of the Constitution and civilian courts organized under Article III. The seminar will analyze the key features of military legal practice, the distinctions between military and civilian jurisprudence, and the primary factors considered by Article III courts in reviewing military proceedings. The seminar also will address the impact of congressional legislation and oversight, as well as the role of the President in the military justice system. The seminar is designed for students interested in judicial review and the constitutional allocation of legislative, executive, and judicial powers.
Prerequisites: Constitutional Law I and either Criminal Justice (or the equivalent Democracy and Coercion) or Criminal Procedure.