CAAFlog
  • Home

CAAFlog

COMMANDERS IN THE BEDROOM:A CONSTITUTIONAL ANALYSIS OF THE MILITARY ANDSUBSTANTIVE DUE PROCESS

6/22/2021

0 Comments

 
From this new article by Maj John S. Reid:

​"This Article will first provide a brief history of substantive due process related to consensual private relationships. It will then examine various contexts in which military members’ private lives are potentially regulated. In many of these contexts, it will be apparent that military jurisprudence has not caught up to recent Supreme Court precedent. This Article will then examine how two analogous privately held rights, the Fourth Amendment expectation of privacy and the First Amendment right to free speech, are treated by military law. Utilizing these two examples as possible vehicles for a new standard of review in the context of service members’ privacy, this Article proposes a new rule for military courts to adopt. Articulating such a standard is imperative for military justice practitioners and commanders to successfully navigate the substantive due process landscape."

Editor's note: I always thought Marcum was one of the most bizarre CAAF opinions ever written.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Picture
    Picture
    Picture
    Links
    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global MJ Reform
    LOC Mil. Law
    Army Lawyer
    Resources

    Categories

    All
    Daily Journal
    MJ Reform
    Question Time
    Scholarship
    Top Of The Year 2021
    Unanimous
    Week In Review

    Archives

    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020

The views expressed on this website are expressed in the authors' personal capacities.
Proudly powered by Weebly
  • Home