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Books > Law > Other areas of law > Military law & courts martial
This manual introduces you to the military legal office-- the
office of the staff judge advocate. It also discusses the law as it
affects you as a soldier in the United States Army. Law in the Army
does not deal with only crimes and punishments. In fact, only a few
soldiers will ever undergo court-martial or appear before a
disciplinary board. You might want to know about your right to take
a job while off duty or to attend a political rally, however. You
may need help with state or federal income tax returns, wish to be
repaid for personal property damage while on duty, wish to have a
will or power of attorney written, or wish to have some legal
papers explained. This manual addresses many such questions. This
manual will not make you an expert in the law, and you should not
use it to be your own lawyer. It does, however, address various
areas of law so that you can recognize whether you have a problem
and in what cases you should discuss it with an attorney at the
staff judge advocate's office.
This plan is the Department of Defense's first step in directing,
organizing and concentrating its M&S capabilities and efforts
on resolving commonly shared problems.
This manual delineates authorities and responsibilities concerning
Department of Defense (DoD)-owned or leased vehicles. IT applies to
the Office of the Secretary of Defense, the Military Department,
the Chairman of the Joint Chiefs of Staff, the Combatant
Commanders, the Defense Agencies, the DoD Filed Activities, the
Nonappropriated Fund Activities and Military Exchanges and the
operational entities assigned to the OSD for Administrative
support.
In today's fast-paced world of overseas contingency and domestic
operations, commanders rely on the advice of JAG Corps personnel to
make critical decisions, sometimes involving life and death. Demand
for this advice is high and will likely increase. The complexity of
the operational environment is also growing. We can be sure that
technological advances on the 21st Century battlefield will take us
into uncharted legal territory, where we will be expected to
analyze the complexities and provide accurate advice faster than
ever before. Our ability to do so will have a direct impact on
America's capacity to effectively project power across the spectrum
of conflict. Commanders count on legal teams knowledgeable in
subjects ranging from weapon selection and target engagement to
nation building and counterinsurgency activities. That's why the
second edition of the Air Force Operations & the Law: a Guide
for Air & Space Forces is so important.
This Law of Armed Conflict Deskbook is intended to replace, in a
single bound volume, similar individual outlines that had been
distributed as part of the Judge Advocate Officer Graduate and
Basic Courses and departmental short courses. Together with the
Operational Law Handbook and Law of Armed Conflict Documentary
Supplement, these three volumes represent a range of international
and operational law subjects taught to military judge advocates.
These outlines, while extensive, make no pretence of
comprehensively covering this complex area of law. Our audience is
the beginning and intermediate level practitioner; our hope is that
this material will provide a solid foundation upon which further
study may be built.
This Book appallingly unravels insights into fiscal mismanagement
devoid of public accountability, under the purview of IMF, World
Bank, ADB, international developmental agencies, et al. Perverse
amnesties were surreptitiously enacted into law by Parliament,
transgressing the social contract and public trust doctrine, also
frustrating the right of the citizenry to challenge their
constitutionality. Amnesties granted immunity and pardon for
offences, such as, terrorism funding, money laundering, drug
peddling, human trafficking, proceeds of crime, etc., in
contravention of international conventions, including UN Security
Council Resolution on terrorism financing. The Supreme Court
condemned the Statute, as 'inimical to the rule of law', 'violative
of the Universal Declaration of Human Rights and International
Covenant on Civil & Political Rights', and 'had defrauded
public revenue, causing extensive loss to the State'. Consequent
controversy resulted in the ouster of the Government, with the new
Government repealing the perverse law; however, with strange
resistance against enforcement ! The Book also reveals how
Parliament ignored an Auditor General's Special Report on gross
negligence of revenue administration and colossal VAT frauds, with
tardy enforcement of the 'rule of law'. ! The Book also deals with
challenges in the Supreme Court against the Appropriation Bill, the
Budget, for non-disclosure of borrowings and for lacking
transparency, with the Ministry of Finance being castigated for
operating a 'Budget within a Budget', with dubious expenditures,
sans accountability. This Book reveals realities in fiscal
mismanagement at highest levels, disclosing indifference and
condoning by international agencies ! This is an invaluable Book
for advocates of good governance and combat of economic crime,
fraud and corruption, and those interested in public finance and
law, and constitutional obligations of social contract and public
trust.
This Handbook is designed to assist Army Commanders in taking
proper immediate action when faced with a variety of legal issues
that might arise during your command. The purpose of your actions
should be to preserve the legal situation until you can consult
with your servicing Judge Advocate. However, like most aspects of
your command responsibilities, you can fail if you just wait for
things to come to you. You need to be proactive in preventing
problems before they occur. ...
This book examines how market power is both assessed and regulated
in Australia. Identifying a number of contentious questions
concerning market power, it considers how such questions are
resolved by the three key institutions: the Courts, the Australian
Competition Tribunal and the Australian Competition and Consumer
Commission. The work provides a detailed longitudinal study of
critical decisions and publications of each institution in order to
understand: first, the general approach to such issues in
Australia; and second, whether the institutions' approaches are
consistent, and - if they are not - to explore the significance of
any inconsistencies. Specific areas of focus are: the reason(s) for
which market power is regulated; whether a structural or strategic
analysis is preferred; approaches to monopoly pricing and
cross-subsidisation; and the impact of regulation on assessments of
market power. The relationship between the structural and
behavioural regulation of market power under Australian competition
law, as well as the respective roles of the key institutions, are
also considered.
Socio-political realities' at the highest levels in society are
lucidly revealed by the Author documenting real life experiences,
in interacting with Presidents, Prime Ministers and Ministers,
demonstrating their subservience to international pressures by
influential powerful countries, and their shameless shielding of
fraudulent/corrupt Ministers/Officers. Author discloses
non-enforcement of the rule of law, even by Attorney Generals,
against those affluent and powerful, eventhough the rule of law is
the cornerstone of democracy. There is shocking revelation, of how
Japanese Government, through Diplomats, pressurized to settle and
cover-up a colossal fraud, blatantly perpetrated on a country and
impoverished people, to prevent criminal prosecution thereof; even
inducingly offering to negotiate with a terrorist organization, to
resolve the issue of armed terrorism, ironically created by social
injustice, including economic terrorism. Constitutional Minister,
President's Counsel, charged for fraud utters blatant falsehoods.
Justice Minister and Foreign Minister, President's Counsel, both
scholarly alumni of Oxford University, camouflages to whitewash
fraud, taking duplicitous stances. This Book is in two Sections,
one dealing with Political and Diplomatic Hypocrisy', and the other
on an Ad Hominem Legislation - Expropriation Law', enacted in
violation of UN Universal Declaration of Human Rights, and
ultra-vires the Constitution. How the country's highest judiciary
deals with challenges to the perverse legislative process is
revealing, with shocking disclosure of the Chief Justice's husband
being given plum political office, with a scandalous controversy
exploding in the public domain; just as the Author applies for a
review of the pre-enactment Determination by Chief Justice for such
Statute, as having been made per-incuriam and ultra-vires the
Constitution, adducing additional grounds of perceived bias, upon
which Their Lords of Appeal exercising inherent jurisdiction, in
similar circumstances, rescinded a previous Judgment of the House
of Lords in extradition proceedings re - Chilean President
Pinochet.
From the Preface TC 3-21.5 This training circular provides guidance
for Armywide uniformity in the conduct of drill and ceremonies. It
includes methods of instructing drill, teaching techniques,
individual and unit drill, manual of arms for infantry weapons, and
various other aspects of basic drill instruction. This publication
is designed for use by Soldiers of all military occupational
skills, to include the new Soldier in the initial entry training
environment. Since all situations or eventualities pertaining to
drill and ceremonies cannot be foreseen, commanders may find it
necessary to adjust the procedures to local conditions. However,
with the view toward maintaining consistency throughout the Army,
the procedures prescribed herein should be followed as closely as
possible.
The Administrative and Civil Law Department of The Judge Advocate
General's Legal Center and School (TJAGLCS), Charlottesville, VA,
provides basic and graduate core instruction in such diverse
subjects as environmental law, defensive federal litigation, law of
military installations, military and civilian personnel law, labor
relations, government information practices, claims, and legal
assistance. Among the many corresponding electives, built upon the
core curriculum and available to the students, are such courses as:
consumer law, family law, and estate planning; hospital law;
Morale, Welfare, and Recreation legal issues; standards of conduct
and the Joint Ethics Regulation. The Department also provides
interdisciplinary instruction in support of the TJAGLCS
International and Operational Law Department's deployment focused
courses on operational law. Their various documents are intended
for instructional convenience for the military judge advocate
student as well as an introduction to the law and to the primary
sources of that law.
The Administrative and Civil Law Department of The Judge Advocate
General's Legal Center and School (TJAGLCS), Charlottesville, VA,
provides basic and graduate core instruction in such diverse
subjects as environmental law, defensive federal litigation, law of
military installations, military and civilian personnel law, labor
relations, government information practices, claims, and legal
assistance. Among the many corresponding electives, built upon the
core curriculum and available to the students, are such courses as:
consumer law, family law, and estate planning; hospital law;
Morale, Welfare, and Recreation legal issues; standards of conduct
and the Joint Ethics Regulation. The Department also provides
interdisciplinary instruction in support of the TJAGLCS
International and Operational Law Department's deployment focused
courses on operational law. Their various documents are intended
for instructional convenience for the military judge advocate
student as well as an introduction to the law and to the primary
sources of that law.
The Administrative and Civil Law Department of The Judge Advocate
General's Legal Center and School (TJAGLCS), Charlottesville, VA,
provides basic and graduate core instruction in such diverse
subjects as environmental law, defensive federal litigation, law of
military installations, military and civilian personnel law, labor
relations, government information practices, claims, and legal
assistance. Among the many corresponding electives, built upon the
core curriculum and available to the students, are such courses as:
consumer law, family law, and estate planning; hospital law;
Morale, Welfare, and Recreation legal issues; standards of conduct
and the Joint Ethics Regulation. The Department also provides
interdisciplinary instruction in support of the TJAGLCS
International and Operational Law Department's deployment focused
courses on operational law. Their various documents are intended
for instructional convenience for the military judge advocate
student as well as an introduction to the law and to the primary
sources of that law.
The purpose of the Documentary Supplement is to provide students
and practitioners with a ready reference of collected materials
relevant to the study and practice of international and operational
law. Modifications are based on the curriculum at the Judge
Advocate General's Legal Center and School, with a focus on plenary
instruction provided to students in both basic and graduate
courses, as well as more specialized instruction during electives
and short courses. However, this volume has historically found its
way to the field as well, informing the practice of judge advocates
in both garrison and combat. The 2012 edition adds new commentary
on AP I and II. No sources have been deleted. In 2011, the DocSupp
added several executive orders, as the first days of President
Obama's administration saw the issuance of several Executive
documents of interest to students and practitioners, given their
application to detention practices and the broader discussion of
the applicable law during armed conflict. Executive Order (EO)
13,567 established a review process applicable to detainees being
held at Guantanamo Bay in light of a series of cases decided by the
Supreme Court. The primary significance of this Order is twofold-it
clarifies the position of the United States in the context of
detention in non-international armed conflict, and provides
guidance to practitioners on relevant standards and procedures.
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