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The Supreme Court and Its Impact on the Court of Military Appeals

Scott L. Silliman

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Abstract

The interrelationship between the United States Supreme Court and the Court of Military Appeals is not a new subject for either analysis or commentary. It has been the subject of numerous articles and lectures throughout the years. However, recent significant pronouncements from both courts warrant re-examination of the relationship. This comment addresses the "philosophy" of each court and the extent to which the Supreme Court and other sources of commentary have influenced the Court of Military Appeals' perception of its function and identity. Since the comment is concerned primarily with trends and philosophies, much of its appraisal can be found in dicta and footnotes rather than the holding of any specific case.

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What this paper is about

The interrelationship between the United States Supreme Court and the Court of Military Appeals is not a new subject for either analysis or commentary. It has been the subject of numerous articles and lectures throughout the years. However, recent significant pronouncements from both courts warrant re-examination of the relationship. This comment addresses the "philosophy" of each court and the extent to which the Supreme Court and other sources of commentary have influenced the Court of Military Appeals' perception of its function and identity. Since the comment is concerned primarily with trends and philosophies, much of its appraisal can be found in dicta and footnotes rather than the holding of any specific case.

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Available abstract

The interrelationship between the United States Supreme Court and the Court of Military Appeals is not a new subject for either analysis or commentary. It has been the subject of numerous articles and lectures throughout the years. However, recent significant pronouncements from both courts warrant re-examination of the relationship. This comment addresses the "philosophy" of each court and the extent to which the Supreme Court and other sources of commentary have influenced the Court of Military Appeals' perception of its function and identity. Since the comment is concerned primarily with trends and philosophies, much of its appraisal can be found in dicta and footnotes rather than the holding of any specific case.

Key concepts: Supreme court, Law, Political science, Original jurisdiction, Remand (court procedure), Law of the case, Court of record

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