Journal of Law, Policy & Military Affairs

JLPMA Issue 1, Article 4 ARTICLE: "Effective Influence: Amending the Leahy Laws to Incentivize U.S. Army Special Forces Units to Correct Gross Violations of Human Rights" AUTHOR: Peter Bauleke, Captain in the U.S. Army and alumni of Vanderbilt University Law School and the U.S. Military Academy. http://bit.ly/2KArnk7

JLPMA Issue 1, Article 3 - "Four Wrongs Don't Make A Right: Framing, Ratifying, and Historical Evidence Show Congressional Abdication Under the War Powers Resolution to be Unconstitutional" by Dane L. Stuhlsatz, a Constitutional Law Fellow at the Institute for Justice. http://bit.ly/2ZJzoqk

JLPMA Issue 1, Article 2 - "Habeas Corpus Review of Military Convictions in the Federal Judiciary: An Enduring Need to Protect Constitutional Liberties" by John N. Maher & David Bolgiano ABSTRACT: This article examines the current state of procedure, practice, and the law concerning federal habeas corpus petitions for military convictions. As the Iraq and Afghanistan wars near their third decade, the number of military personnel convicted of crimes in combat has increased due... in large measure to operations within civilian populations. Although many of these convicted servicemembers have exhausted their direct military appeals, some are nonetheless hesitant to bring federal habeas corpus challenges, as they presume their case has been fully and fairly considered, and accordingly, a federal civilian court will defer to the military and not review the merits of a military petitioner’s claims. In some cases, this is the right answer. But, the Constitution and Supreme Court have made it clear that where a military prisoner’s trial or appeal was neither fully nor fairly reviewedespecially in the context of criminal due process and effective assistance of counselthe federal judiciary is empowered under existing law to review the merits of a military petitioner’s claims and order habeas corpus relief. By examining a current case before the federal courts concerning an Army infantry officer who was convicted of murdering two Afghans and attempting to murder a third while on a patrol in a combat zone, this article provides specific examples of language and points of law for a military appellant to bring a potentially successful habeas petition. http://bit.ly/31Rl4Or

JLPMA Issue 1, Article 1 - "The Feres Doctrine and Accountability" by CEO and Founder of the Center for Law and Military Policy, Dwight Stirling. ABSTRACT: The Feres doctrine insulates service members from civil liability for the harm they inflict upon other service members. Under the doctrine, lawsuits alleging intramilitary misconduct are prohibited, including suits stemming from retaliation, wrongful termination, and racial discrimination. While the doctrine’s impact upo...n injured service members has been explored, this article is the first to examine its impact upon military managersthe non-combat, administrative personnel who oversee the armed forces’ sprawling bureaucracy. Utilizing insights from social psychology, the literature on public accountability, and the author’s extensive JAG career, the article reveals how the absence of liability has the potential to dramatically affect military managers’ behavior. It turns out the policy destabilizes accountability within the managerial ranks in the precise way the Founders sought to avoid. By stymieing the ability of the judicial branch to check the conduct of senior executive branch personnel, the Feres doctrine promotes abuse of power and creates the ideal conditions for corruption. http://bit.ly/2XtDm8V