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46 U. Mem. L. Rev. 61 (2015-2016)
Treating Members of the Military at Least as Well as Inmates and Students: Determining When Military Necessity Requires Infringing upon Constitutional Rights in Cases before the Court of Appeals of the Armed Forces

handle is hein.journals/umem46 and id is 67 raw text is: Treating Members of the Military at Least as Well as Inmates and Students: Determining When Military Necessity Requires Infringing Upon Constitutional Rights in Cases Before the Court of Appeals for the Armed Forces RODRIGO M. CARUQO* I. INTRODUCTION ................................ ......62 A. The Inmate Community...... ..................64 B. The Student Community..... ..................68 C. The Military Community .......................74 II. THE CONSTITUTION AND THE MILITARY ..................77 A. The Military Deference Doctrine .................78 B. The Military Community........................... 81 C. The Court ofAppeals for the Armed Forces ..........91 D. Evolution from Congressional Prerogative to Constitutional Roots.........................93 E. The Military Necessity Doctrine ................. 101 III. SHAPING AN UNDERSTANDING OF MILITARY NECESSITY.......105 A. Defining Military Necessity .................... 105 B. Research Method... ........................1 07 C. Some Initial Observations on the Results.. ........... 108 1. Inconsistent Articulation of When and How the Military Necessity Doctrine is Applied........109 2. Simple Assertion is Not Enough .............. 110 3. Military Necessity Examples in Light of the Evolution in the Military Community and the Court's Constitutional Interpretation.... .....113 IV. THEMES AND EXAMPLES OF MILITARY NECESSITY................115 A. Mission Accomplishment ...................... 116 1. Essential to Mission Accomplishment ..............116 2. Impedes Mission Accomplishment.............................119 61

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