| Foreword |
|
xiii | |
| Introduction |
|
1 | (8) |
|
1 The Supreme Court and Military Justice in the Civil War Era |
|
|
9 | (74) |
|
Stirring Public Interest in Military Justice: The General and the Judge |
|
|
9 | (1) |
|
The Supreme Court's First Encounter with Military Justice |
|
|
10 | (3) |
|
A Second Chance for Civilian Military Tribunal Jurisdiction (1864) |
|
|
13 | (3) |
|
Limiting Military Tribunal Jurisdiction in Ex Parte Milligan |
|
|
16 | (5) |
|
|
|
21 | (3) |
|
Early Reactions and Later Impact of Milligan |
|
|
24 | (2) |
|
|
|
|
1.1 Debating the Validity of Naval Court-Martial in Attempted Desertion Case in Dynes v. Hoover, 1858 |
|
|
26 | (4) |
|
1.2 Majority in Dynes v. Hoover Upholds Court-Martial Procedure |
|
|
30 | (1) |
|
1.3 Arguing for Right to Civilian Trial in Case of Arrest over Speech at Political Rally in Ex Parte Vallandigham, 1863 |
|
|
31 | (4) |
|
1.4 Majority in Ex Parte Vallandigham Upholds Military Commission Procedure, 1864 |
|
|
35 | (2) |
|
1.5 The Rights of the Citizen in Time of War: Arguments in Ex Parte Milligan, 1866 |
|
|
37 | (13) |
|
1.6 Majority in Ex Parte Milligan Reject Suspension of Habeas Corpus, 1866 |
|
|
50 | (10) |
|
1.7 Chief Justice Chase's Dissent in Ex Parte Milligan Argues That Congress Can Establish Military Commissions, 1866 |
|
|
60 | (4) |
|
1.8 National Intelligencer on Trials of Citizens by Military Courts, December 25, 1866 |
|
|
64 | (2) |
|
1.9 National Intelligencer: Milligan Decision a "Vindication of the Civil Institutions of the County," December 20, 1866 |
|
|
66 | (2) |
|
1.10 Congress Has "the Power to Reconstruct the Supreme Court," New York Herald, December 23, 1866 |
|
|
68 | (3) |
|
1.11 Court Members "Have Devoted Themselves with Dignity," National Intelligencer, December 31, 1866 |
|
|
71 | (1) |
|
1.12 Court Used "Technical Narrowness and Harshness" in Deciding Milligan, New York Times, January 3, 1867 |
|
|
72 | (3) |
|
1.13 The Supreme Court Must Avoid Ruling on the Basis of Political Partisanship, The Nation, January 10, 1867 |
|
|
75 | (3) |
|
1.14 Milligan and the Defeated Southern States, Harper's Weekly, January 19, 1867 |
|
|
78 | (5) |
|
2 The Supreme Court and Military Justice in the World War II Era, 1942-1946: Ex Parte Milligan-Revisited but Still Revered? |
|
|
83 | (42) |
|
Ex Parte Quirin: The Political and Military Context |
|
|
84 | (1) |
|
The Background of the Quirin Case |
|
|
85 | (4) |
|
|
|
89 | (5) |
|
The Prosecution's Arguments |
|
|
94 | (2) |
|
|
|
96 | (3) |
|
|
|
99 | (4) |
|
The Enduring Significance of Quirin and Yamashita |
|
|
103 | (1) |
|
|
|
|
2.1 Roosevelt Denies Certain Enemies Access to the Courts, July 2, 1942 |
|
|
104 | (1) |
|
2.2 Roosevelt Establishes a Military Commission to Try Eight Captured German Saboteurs, July 2, 1942 |
|
|
104 | (1) |
|
2.3 "A Good Chance to Go to Town with Democracy," Saturday Review of Literature, August 8, 1942 |
|
|
105 | (2) |
|
2.4 Majority in Ex Parte Quirin Upholds Use of Military Commission to Try Alleged German Saboteurs, October 29, 1942 |
|
|
107 | (7) |
|
2.5 Majority Rules in In Re Yamashita that Military Officials, Not Courts, Should Review Decisions of Military Tribunals, 1946 |
|
|
114 | (1) |
|
2.6 Justices Murphy and Rutledge Denounce Yamashita Ruling, 1946 |
|
|
115 | (10) |
|
3 The Supreme Court and Military Justice after World War II, 1956-1987: The Odd Odysseys of Toth, O'Callahan, and Solorio, 1956-1987 |
|
|
125 | (46) |
|
|
|
126 | (3) |
|
|
|
129 | (4) |
|
|
|
133 | (2) |
|
|
|
135 | (2) |
|
|
|
137 | (6) |
|
|
|
|
3.1 Majority Draws Distinction Between Civilian and Military Trials in Toth v. Quarles Decision, 1955 |
|
|
143 | (3) |
|
3.2 Toth Decision Casts Doubt on Military's Ability to Try Former Prisoners of War in Korea, Army Times, November 12, 1955 |
|
|
146 | (1) |
|
3.3 O'Callahan Lawyer Argues "No Reason" Client Can't Be Tried by Civilian Court, January 23, 1969 |
|
|
147 | (1) |
|
3.4 Majority in O'Callahan v. Parker Limit Military Jurisdiction in Trials, Expanding Toth Ruling, 1969 |
|
|
148 | (2) |
|
3.5 Justice Harlan's Dissent in O'Callahan Says Majority Ruling Fails to Set Standard for Permissible Court-Martial, 1969 |
|
|
150 | (1) |
|
3.6 "The Supreme Court of the United States Drastically Changed Military Justice," Army Times, June 11, 1969 |
|
|
151 | (1) |
|
3.7 Problems Predicted as a Result of O'Callahan Decision, Army Times, June 18, 1969 |
|
|
152 | (1) |
|
3.8 Defense Secretary Melvin Laird Wants Supreme Court Reversal on O'Callahan, Army Times, July 2, 1969 |
|
|
153 | (1) |
|
3.9 Cartoon: "Latest Salute" |
|
|
154 | (1) |
|
3.10 Justice Harry Blackmun Says Supreme Court Will One Day Have to Consider Retroactivity of O'Callahan Ruling, February 11, 1971 |
|
|
155 | (1) |
|
3.11 Justice Blackmun Looks at Issue of Military Trials in Light of Need for Military Discipline, Undated Memo |
|
|
155 | (1) |
|
3.12 Unanimous Court in Relford v. Commandant Rules Serviceman Properly Tried by Court-Martial, 1971 |
|
|
156 | (3) |
|
3.13 Impact of O'Callahan Decision on Active and Former Servicemen, Air Force Times, July 11, 1973 |
|
|
159 | (1) |
|
3.14 Majority in Solorio v. United States Rules Jurisdiction of Court-Martial Does Not Depend on Service Connection, 1987 |
|
|
160 | (2) |
|
3.15 Justice Marshall's Dissent in Solorio Says Majority Shows Desire to Subject Service Members to Unrestrained Control of Military, 1987 |
|
|
162 | (2) |
|
3.16 Solorio Decision Broadened the Jurisdiction of Military Courts, Navy Times, July 6, 1987 |
|
|
164 | (1) |
|
3.17 Solorio Decision Restores Simplicity on Rules on Court-Martial Jurisdiction, Navy Times, July 13, 1987 |
|
|
165 | (1) |
|
3.18 Justice Brennan Sees Presumption Against Military Jurisdiction in Off-Base Cases, Memo, February 27, 1987 |
|
|
166 | (5) |
|
4 The Supreme Court and Military Justice after 9/11: The Ghost of Milligan Reappears Again |
|
|
171 | (64) |
|
The Fifth Amendment and Enemy Combatants: Hamdi v. Rumsfeld |
|
|
173 | (5) |
|
Applying Habeas Corpus Outside the United States: Rasul v. Bush |
|
|
178 | (2) |
|
Building on Rasul: Granting Aliens the Right to Seek Habeas Corpus, Hamdan v. Rumsfeld (2006) |
|
|
180 | (3) |
|
Suspending Writs of Habeas Corpus for Aliens: Boumediene v. Bush (2008) |
|
|
183 | (5) |
|
|
|
|
4.1 Congress Adopts Authorization for Use of Military Force, September 18, 2001 |
|
|
188 | (1) |
|
4.2 Proclamation by President George W. Bush on the Authorization for Use of Military Force, September 18, 2001 |
|
|
189 | (1) |
|
4.3 Plurality in Hamdi v. Rumsfeld Rules Those Classified as Enemy Combatants Have the Right to Rebut Accusation, June 28, 2004 |
|
|
190 | (17) |
|
4.4 Justice Scalia: Without Criminal Charges or Suspension of Writ, Hamdi Entitled to Habeas Corpus, June 28, 2004 |
|
|
207 | (4) |
|
4.5 Settlement with U.S. Government Requires Hamdi to Leave the United States, Agree Not to Sue, September 17, 2004 |
|
|
211 | (2) |
|
4.6 Majority in Rasul v. Bush Rule Courts Can Decide Whether Detainees at Guantanamo Lawfully Imprisoned, June 28, 2004 |
|
|
213 | (2) |
|
4.7 Justice Kennedy's Concurrence in Rasul Calls for Federal Court Jurisdiction over Habeas Corpus Appeals, June 28, 2004 |
|
|
215 | (1) |
|
4.8 Congress Acts to Prevent Habeas Corpus Petitions from Detainees at Guantanamo, December 30, 2005 |
|
|
216 | (4) |
|
4.9 Majority in Hamdan v. Rumsfeld Rule Against Military Commissions Set Up to Try Guantanamo Detainees, June 29, 2006 |
|
|
220 | (6) |
|
4.10 Praise for Supreme Court for Limiting Power to Try Guantanamo Detainees Before Military Tribunals, Armed Forces Journal, August 2006 |
|
|
226 | (1) |
|
4.11 Criticism of Supreme Court for Applying Article 3 of the Geneva Convention to Hamdan Case, Armed Forces Journal, August 2006 |
|
|
227 | (1) |
|
4.12 Congress Acts to Prevent Courts from Hearing Habeas Corpus Petitions from Those Deemed Unlawful Combatants, October 17, 2006 |
|
|
228 | (1) |
|
4.13 Majority Rules Detainee Treatment Act Review Procedure Falls Short in Boumediene v. Bush Decision, June 12, 2008 |
|
|
228 | (7) |
| Index |
|
235 | |
Biežāk uzdotie jautājumi par e-grāmatām