Faculty Member Doug Simon Has Article Published in 'Army Lawyer'

Published Monday, October 25, 2021

Professor of Political Science Douglas Simon is also a Colonel and Judge Advocate in the United States Army. He recently published an article entitled, “Making the UCMJ More Uniform” in the journal Army Lawyer.

This paper proposes a new construct to reform and harmonize the Uniform Code of Military Justice (UCMJ) with state military justice codes. To understand where reform is needed, the paper examines the National Guard’s military justice systems and the constitutional and statutory constraints that exist. It further explores the Militia Clause found in the U.S. Constitution and the states authority to organize, arm, and discipline the militia.

The paper argues that the current structure to employ military justice in the states and territories is an anachronism of the past and requires a modern framework that is cooperative, efficient, and seamless in relation to the administration of the federal and state military justice systems. The framework advocates for “cooperative” military justice, with new bridging authorities, where the UCMJ serves as the federal backbone for the source of law and the appellate structure.

Interim Dean Jeffrey Bell remarked that this scholarly work by Professor Simon is a great example of how we live out our university mission by connecting our “experiences in southwestern Minnesota to the wider world.”