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Course Description

This seminar will examine constitutional issues in the context of the military justice system. To that end, you will become familiar with both the constitutional and statutory framework underlying these issues as well as caselaw from federal courts that have analyzed them. Over the course of the week, we will examine questions related to serving as an Article I court within the federal system, particularly jurisdiction. We will also delve into areas of constitutional law that some of you are already familiar with, including aspects of criminal procedure, Due Process, and First and Fourth Amendment jurisprudence, albeit in the military context. Finally, while a military background is absolutely not necessary to fully engage with the course material, we will examine some issues unique to the military justice system. The goal of this seminar is to improve your understanding of constitutional issues and help you develop an organized framework for approaching legal problems from the perspective of an appellate court. As such, each topic will begin with the text of the underlying constitutional provision, followed by the text of the relevant statute, and finally the body of caselaw that arises out of the judicial system. From time to time, we may also add scholarly articles and/or advocacy documents that will help put all these issues into context.

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