About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

32 JAG J. 1 (1982)
If a Tree Falls in the Forest...: Publication and Digesting Policies and the Potential Contribution of Military Courts to American Law

handle is hein.journals/naval32 and id is 5 raw text is: . XXXII
If a Tree Falls in the Forest...: Publication and
Digesting Policies and the Potential Contribution of
Military Courts to American Law
Eugene R. Fidell*
With the demise of the Court-Martial Reports, the advent of the
Military Justice Reporter as an element of the National Reporter
System, and the publication of a Shepard's Citations for military
cases, important steps were taken toward the integration of military
jurisprudence with the larger body of American criminal law. In
this article, Mr. Fidell suggests that these steps may not be as
effective as one would have hoped because of deficiencies in the
digesting arrangements, and urges a reexaminaton of those
arrangements as well as the policy with respect to publication of
military appellate cases. Improvements in these areas could help
foster increased interaction between the military and civilian legal
Sweeping reviews of the military justice system resemble, in some
ways, bamboo or locusts: they come in cycles. Every so often, one law
review or another awakens to the fact that there is such a system, and
accepts a major article or publishes a symposium issue I or, more likely, an
* LeBoeuf, Lamb, Leiby & MacRae, Washington, D.C. B.A.,-Queens Col-
lege 1965; LL.B., Harvard University 1968. The author is indebted to Irene
C. Carstens for her assistance in the preparation ofthis article, and to Alan
J. Chaset for his thoughtful comments on a draft.
1. E.g., United States Court of Military Appeals: A Review of the 1975-76 Term, 52 IND. L.
J. 151 (1976); Symposium, Military Law, 10 AM. CRIM. L. REV. 1 (1971);Justice in the
Military, 22 ME. L. REV. 1 (1970); The Uniform Code of Military Justice -ts Promise
and Performance (The First Decade: 1951-61), A Symposium, 35 ST. JOHN'S L. REV. 197
(1961); A Symposium on Military Justice, 6 VAND. L. REV. 161 (1953). For obvious
reasons, such symposia have also appeared in the reviews published by the armed
forces. E.g., Symposium on Military Justice, 12 MIL. L. REV. 1 (1961).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most