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Examining the Civil-Military Divide Through New (Institutional) Lenses: the Influence of the Supreme Court
University of Massachusetts Amherst ScholarWorks@UMass Amherst Doctoral Dissertations Dissertations and Theses November 2016 Examining the Civil-Military Divide Through New (Institutional) Lenses: The Influence of the Supreme Court Allen Linken University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/dissertations_2 Part of the American Politics Commons, Courts Commons, Military and Veterans Studies Commons, Military, War, and Peace Commons, Other Legal Studies Commons, Public Law and Legal Theory Commons, and the Supreme Court of the United States Commons Recommended Citation Linken, Allen, "Examining the Civil-Military Divide Through New (Institutional) Lenses: The Influence of the Supreme Court" (2016). Doctoral Dissertations. 759. https://doi.org/10.7275/8980257.0 https://scholarworks.umass.edu/dissertations_2/759 This Open Access Dissertation is brought to you for free and open access by the Dissertations and Theses at ScholarWorks@UMass Amherst. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. EXAMINING THE CIVIL-MILITARY DIVIDE THROUGH NEW (INSTITUTIONAL) LENSES: THE INFLUENCE OF THE SUPREME COURT A Dissertation Presented by ALLEN E. LINKEN Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY September 2016 Political Science © Copyright by Allen E. Linken 2016 All Rights Reserved EXAMINING THE CIVIL-MILITARY DIVIDE THROUGH NEW (INSTITUTIONAL) LENSES: THE INFLUENCE OF THE SUPREME COURT A Dissertation Presented by ALLEN E. LINKEN Approved as to style and content by: ________________________________ John Brigham, Chair ________________________________ Jane E. -
Gentlemen Under Fire: the U.S. Military and Conduct Unbecoming
Minnesota Journal of Law & Inequality Volume 26 Issue 1 Article 1 June 2008 Gentlemen under Fire: The U.S. Military and Conduct Unbecoming Elizabeth L. Hillman Follow this and additional works at: https://lawandinequality.org/ Recommended Citation Elizabeth L. Hillman, Gentlemen under Fire: The U.S. Military and Conduct Unbecoming, 26(1) LAW & INEQ. 1 (2008). Available at: https://scholarship.law.umn.edu/lawineq/vol26/iss1/1 Minnesota Journal of Law & Inequality is published by the University of Minnesota Libraries Publishing. Gentlemen Under Fire: The U.S. Military and "Conduct Unbecoming" Elizabeth L. Hillmant Introduction ..................................................................................1 I. Creating an Officer Class ..................................................10 A. "A Scandalous and Infamous" Manner ...................... 11 B. The "Military Art" and American Gentility .............. 12 C. Continental Army Prosecutions .................................15 II. Building a Profession .........................................................17 A. Colonel Winthrop's Definition ...................................18 B. "A Stable Fraternity" ................................................. 19 C. Old Army Prosecutions ..............................................25 III. Defending a Standing Army ..............................................27 A. "As a Court-Martial May Direct". ............................. 27 B. Democratization and its Discontents ........................ 33 C. Cold War Prosecutions ..............................................36 -
Teacher's Guide
TEACHER’S GUIDE Additional Resources MISSION US: “Prisoner in My Homeland” The creators of MISSION US have assembled the following list of websites, fiction, and non-fiction to enhance and extend teacher and student learning about the people, places, and historical events depicted in the game. WEBSITES Densho. http://densho.org/ This extensive collection includes online archival sources, oral history interviews, and encyclopedia articles that document the Japanese American WWII experience. Fred T. Korematsu Institute. http://www.korematsuinstitute.org/curriculum-kit-order-form/ This nonprofit organization educates to advance racial equity, social justice, and human rights for all by distributing copies of a free multimedia curriculum kit to K-12 educators on the WWII Japanese American incarceration and civil rights hero Fred Korematsu’s legacy. Curricular materials connect this history with current issues such as anti-Muslim bigotry and post-9/11 discrimination. The “Martial Law” clip from Resistance at Tule Lake is featured on the kit DVD. Japanese American Citizens League. https://jacl.org/education/resources/ As the oldest Asian American civil rights organization established in 1929, the JACL maintains the civil rights of Japanese Americans and others victimized by injustice and bigotry. Part of their mission is to promote awareness of this history through resources on Asian American history, the Japanese American WWII experience, and the Redress Movement, including the Power of Words Handbook. National Japanese American Historical Society. https://www.njahs.org/for-educators/ This nonprofit organization offers a variety of curricular resources that complement Resistance at Tule Lake, including Tule Lake Segregation Center lesson plans, an interactive Detention Camp kit with photos, an activity guide on Children of the Camps, and a teacher’s guide on the Bill of Rights and the Japanese American WWII experience. -
The Abu Ghraib Convictions: a Miscarriage of Justice
Buffalo Public Interest Law Journal Volume 32 Article 4 9-1-2013 The Abu Ghraib Convictions: A Miscarriage of Justice Robert Bejesky Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bpilj Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Robert Bejesky, The Abu Ghraib Convictions: A Miscarriage of Justice, 32 Buff. Envtl. L.J. 103 (2013). Available at: https://digitalcommons.law.buffalo.edu/bpilj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Public Interest Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE ABU GHRAIB CONVICTIONS: A MISCARRIAGE OF JUSTICE ROBERT BEJESKYt I. INTRODUCTION ..................... ..... 104 II. IRAQI DETENTIONS ...............................107 A. Dragnet Detentions During the Invasion and Occupation of Iraq.........................107 B. Legal Authority to Detain .............. ..... 111 C. The Abuse at Abu Ghraib .................... 116 D. Chain of Command at Abu Ghraib ..... ........ 119 III. BASIS FOR CRIMINAL CULPABILITY ..... ..... 138 A. Chain of Command ....................... 138 B. Systemic Influences ....................... 140 C. Reduced Rights of Military Personnel and Obedience to Authority ................ ..... 143 D. Interrogator Directives ................ .... -
Extensions of Remarks E1399 EXTENSIONS of REMARKS
July 13, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1399 EXTENSIONS OF REMARKS AMENDING PUBLIC HEALTH SERV- CONGRATULATING THE MENTAL members volunteer and maintain the expense ICE ACT WITH RESPECT TO NA- HEALTH CENTER OF CHAMPAIGN of the Hampshire County Library. In 1926, the TIONAL FOUNDATION FOR THE COUNTY ON ITS 50TH ANNIVER- auxiliary assisted the Legion in designing an CENTERS FOR DISEASE CONTROL SARY honor roll plaque for the World War I service- AND PREVENTION men of Hampshire County. HON. TIMOTHY V. JOHNSON Post No. 137 has an active membership of OF ILLINOIS 400 in Capon Bridge, WV. Post Commander SPEECH OF Bob Brasher is assisted by President Sally IN THE HOUSE OF REPRESENTATIVES Reid and Larry LaFollette, head of the Sons of HON. DANNY K. DAVIS Thursday, July 13, 2006 the Legion group. OF ILLINOIS Mr. JOHNSON of Illinois. Mr. Speaker, I rise Each of these organizations provides a today in honor of the Mental Health Center of venue for fellowship, volunteerism, and patriot- IN THE HOUSE OF REPRESENTATIVES Champaign County on the celebration of its ism. The service each member has given to Tuesday, July 11, 2006 50th anniversary. their Nation and community shall be forever The Champaign County Mental Health Clinic cherished and represented. Mr. DAVIS of Illinois. Mr. Speaker, Benjamin opened its doors 50 years ago as a program f Disraeli once exclaimed, ‘‘The health of the of the Champaign County Mental Health Soci- PENCE CALLS ON CONGRESS TO ety. On July 22, 1968, the Mental Health Cen- people is really the foundation upon which all STAND FOR THE SANCTITY OF ter became incorporated and changed its their happiness and all their powers as a state LIFE depend.’’ name to the Mental Health Center of Cham- paign County. -
Second Class Citizen Soldiers: a Proposal for Greater First Amendment Protections for America's Military Personnel
William & Mary Bill of Rights Journal Volume 16 (2007-2008) Issue 1 Symposium: The Last Word? The Constitutional Implications of Presidential Article 18 Signing Statements October 2007 Second Class Citizen Soldiers: A Proposal for Greater First Amendment Protections for America's Military Personnel Emily Reuter Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons, and the First Amendment Commons Repository Citation Emily Reuter, Second Class Citizen Soldiers: A Proposal for Greater First Amendment Protections for America's Military Personnel, 16 Wm. & Mary Bill Rts. J. 315 (2007), https://scholarship.law.wm.edu/wmborj/vol16/iss1/18 Copyright c 2007 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj SECOND CLASS CITIZEN SOLDIERS: A PROPOSAL FOR GREATER FIRST AMENDMENT PROTECTIONS FOR AMERICA'S MILITARY PERSONNEL Emily Reuter* "Are [the generals] free to speak? How come every time a general retires he starts trashing the president's war policy, but doesn't say a word until he retires? In other words, do we have to wait for retirement to hear what these guys think?"' MSNBC's Hardball host Chris Matthews posed these questions to House Majority Leader John Boehner in a September 2006 discussion on whether the United States had sufficient troops on the ground in Iraq to control growing civil violence.2 Matthews's query, raised as a challenge to the Bush administration's willingness to incorporate military advice into Iraq military strategy, highlighted one of the effects of free speech restrictions on members of the military. -
NORTHWEST NISEI in TOKYO Impressions of a Seattle-Born Japanese-American Serving in Occupied Japan, 1945-46 by David J
WashingtonHistory.org NORTHWEST NISEI IN TOKYO Impressions of a Seattle-born Japanese-American Serving in OccupieD Japan, 1945-46 By David J. Jepsen COLUMBIA The Magazine of Northwest History, Winter 2005-06: Vol. 19, No. 4 On a sunny afternoon in October 1945, less than eight weeks after Japan’s surrenDer in WorlD War II, Roy Inui stooD on the Deck of a UniteD States Victory ship as it steameD towarD Yokohama Harbor. The 23-year-old corporal admired the distant beauty of the rolling green hills anD peaceful countrysiDe of Japan’s Honshu IslanD. The tranquil scene revealed none of the devastation that Inui had read about in the papers or heard about from other servicemen. He woulD see it all soon enough. "After we DebarkeD in Yokohama, we took the train to Tokyo anD everything between the two cities was burneD Down. All you coulD see were brick chimneys—basically there wasn’t anything else left," Inui saiD in an interview from his home in Sammamish, Washington, where he is retireD anD lives with his wife Bette. "None of us (in his unit) were in combat so we didn’t have any iDea how severe the war had been. Hearing stories is one thing. Seeing it for the first time is quite different." Inui was part of an early wave of UniteD States forces in Japan, a military presence that grew to 250,000 by the time the occupation officially enDed in 1952. But Inui was not just another American GI. Yes, he was born in an American city (Seattle), answered to an American name, attenDed an American university, anD thought anD behaved like an American. -
Quaker Thought and Today
February 1999 Quaker Thought FRIENDS and Life OURNAL Today . An Among Friends Independent magazine serving the Religious New Beginnings Society of early 17Y2 years ago I left my position as editor and business manager here at Friends the journal in order to devote myself to the care of my daughter, whose birth was imminent. Susanna appeared-a ten-pound, one-ounce, energetic baby Editorial N Vinton Deming (Editor-Manager), Kenneth Sutton girl-and I was launched upon a new undertaking: providing love, care, and guidance (Senior Editor), Claudia Wair (Assistant Editor), for my offspring. It was a source ofdeep joy for me to be able to devote myself to this Judith Brown (Poetry Editor) until my husband, Adam, and I took up our responsibilities as codirectors of Powell Production Barbara Benton (Art Director), Alia Podolsky House, the retreat and conference center ofNew York Yearly Meeting. (Production Assistant), John D. Gummere Now, these many years later, quite a few new experiences are behind me, and my (Special Projects) daughter has grown into a five-foot, eleven-inch, energetic young woman, poised in Circulation and Advertising Nagendran Gulendran (Marketing and Advertising her senior year of high school to launch herself into her adult independent life. When Manager), Nicole Hackel (Circulation Assistant} I regard her, I often find myself astonished at what has transpired, in her and in me, Administration during this time. And I am deeply appreciative of what has remained constant. As Marianne De Lange (Office Manager), Rachel Messenger (Accountant}, Henry Freeman Susanna has been growing and thriving, evolving into an assertive and thoughtful (Devehpment Comultant), Pamela Nelson young adult, so too has the journal thrived and grown under the outstanding (Devehpment Assistant), Ruth Peterson, Roben Sunon (Volunteen) leadership of Olcutt Sanders and Vint Deming. -
Quaker Thought and Life Today
November 1, 1970 Quaker Thought and Life Today l rll FR I E ND S SCHOO L BUCK L ANE. HAVE R F ORD , PA. 190 41 From a FRIENDS Facing Bench JOURNAL THE PHOTOGRAPH ON THE COVER is of the Great Galaxy November 1, 1970 in the constellation, Andromeda. Poems about the wonders Volume 16, Number 19 observed by astronomers and their implications in religious thought are on page 579. W. Fay Luder, in an essay that Friends Journal is published the first and fifteenth of each month by Friends Publishmg Corporation at 152-A North Fifteenth begins on page 578, refers to galaxies beyond the range Street, Philadelphia 19102. Telephone: (215) 563-7669. of telescopes to introduce his theme: Children of God Friends Journal was established in 1955 as the successor to The Friend (1827-1955) and Friends lntelligencer (1844-1955). should be citizens of the universe; Jesus helps us to base our lives on the hypothesis that the creator of the universe ALFRED STEFFERUD, Editor JOYCE R. ENNIS, Assistant Editor is a God of universal and unlimited love for every one MYRTLE M. WALLEN, MARGUERITE L. HORLANDER, Advertising of us. ~INA I. SULLIVAN, Circulation Manager ioARD OF MANAGERS Daniel D. Test, Jr., Chairman James R. Frorer, Treasurer Mildred Binns Young, Secretary 1967-1970: Laura Lou Brookman, Helen Buckler, The contributors to this issue: Mary Roberts Calhoun, Eleanor Stabler Clarke, James R. Frorer, Francis Hortenstine, Walter H. Partymiller. w. FAY LUDER, a professor of chemistry in Northeastern 1968-1971: Carol P. Brainerd, Arthur M. Dewees, William University, is a member of Cambridge Monthly Meeting, Hubben, Miriam E. -
F:\BOB\Leaflets\010206 a Year of Living Dangerously.Wpd
Key leaders of the new Democratic Beyond investigations, there will of its origins. majority have pledged to open investigations. undoubtedly be efforts to strengthen the barriers • Congressional interest in restoring the War - TAKE HOPE IN 2007 - Incoming Senate Judiciary Committee chair to war crimes through legislation. Senator Chris Crimes Act has been substantially strengthened Patrick Leahy recently wrote in a letter to Dodd of Connecticut, a presidential candidate by the Supreme Court's forthright stand in the 2006: A Year of Living Attorney General Alberto Gonzales, "The and the son of a Nuremberg prosecutor, has Hamdan v. Rumsfeld case. Dangerously photographs and reports of prisoner abuse in introduced legislation restoring portions of the • The Senate Judiciary Committee's expected Jeremy Brecher & Brendan Smith Iraq, Guantánamo Bay and elsewhere that have War Crimes Act that were gutted by the Military investigation of "rendition" will rely on the The Nation Magazine, 12/19/06 emerged during the past two years depict an Commissions Act. work of European human rights "plane spotters" interrogation and detention system operating who uncovered the CIA's phantom jets secretly he year 2006 will be remembered as contrary to U.S. law and the Geneva Civil Society landing and taking off at their countries' one in which the American people Conventions." The American people deserve Human rights groups, from the Center for airports. and the world rose up to challenge "detailed and accurate information about the Constitutional Rights to the ACLU, have led the As the new year unfolds, there are no Tthe criminal actions and deceit of the role of the Bush Administration in developing way in challenging the legality of Bush guarantees that the Bush Administration will Bush Administration. -
Library Directions: a Newsletter Volume 15, No
Library Directions: a newsletter Volume 15, No. 1 of the University of Washington Libraries Spring-Summer, 2005 1 Letter from the Director Library Directions is produced twice a year by Libraries There are Giants in the sky! staff. Inquiries concerning content may be sent to: There are big tall terrible Giants in the sky! Library Directions When you’re way up high University of Washington Libraries Box 352900 And you look below Seattle, WA 98195-2900 At the world you left (206) 543-1760 And the things you know, ([email protected]) Little more than a glance Paul Constantine, Managing Editor Is enough to show Maureen Nolan, Editor You just how small you are. Susan Kemp, Production Manager, Photographer Mark Kelly, Stephanie Lamson, Mary Mathiason, Mary Whiting, Copy Editors Jack in Into the Woods Read Library Directions online in PDF format: (Stephen Sondheim, 1987) www.lib.washington.edu/about/libdirections/current/. Several sources are used for mailing labels. Please pass multiple copies on to others or return the labels of the unwanted copies to Library Directions. Addresses con- Sometimes it feels like there are giants in the sky, or walking the earth, intent on taining UW campus box numbers were obtained from the HEPPS database and corrections should be sent creating strife and dissonance. The mission of the University of Washington Libraries is to your departmental payroll coordinator. to connect people (even big tall terrible giants) to knowledge for life. The information needed to create knowledge is not always clear or commonplace. It is messy. It can be highly ambiguous. -
Floyd Schmoe- Joy Belle Conrad-Rice
February 1, 1972 Quaker Thought and Life Today The contributors to this issue CLIFFORD NEAL SMITH, a member of De Kalb, lllinois, FRIENDS Preparative Meeting, has a degree in accounting and was the auditor of an American firm abroad. "Authorities in JOURNAL the accounting profession are revising practices in many areas," he writes, "and I hope they will eventually move February 1, 1972 in the direction suggested by my article. So far there has Volume 18, Number 3 been only one article in the technical literature on social accounting." Friends Journal is published the first and .fif.teenth _of each month PAUL GRIMLEY KUNTZ is professor of philosophy in Emory (except in June, July, and Au~st, when 1t IS publis~ed monthly) by Friends Publishing Corporation at 152-A North Fifteenth Street, University and in 1970-1971 was a fellow in the Woodrow Philadelphia 19102. Telephone: (215) 563-7669. (Temporary Wilson International Center for Scholars, The Smithsonian office address: 112 South Sixteenth Street, Philadelphia 19102.) Friends Journal was established in 1955 as the successor to The Institution. He has written a number of articles and sev Friend (1827-195S) and Friends lntelligencer (1844-1955). eral books on philosophy. He is a member of Atlanta ALFRED STEFFERUD, Editor Monthly Meeting. JOYCE R. ENNIS, Assistant Editor DEAN FREIDAY is chairman of the Christian and Interfaith DAVID PERRY, Editorial Assistant MYRTLE M. WALLEN, MARGUERITE L HORLANDER, Business Relations Committee of Friends General Conference. A NINA I. SULLIVAN, Circulation Manager member of Shrewsbury, New Jersey, Monthly Meeting, he BOARD OF MANAGERS Daniel D.