PUBLICATIONS RECEIVED AND BRIEFLY NOTED

• Pages: 06

I. INTRODUCTION

Various books, pamphlets, tapes, and periodicals, solicited and un-solicited, are received from time to time at the editorial offices of the Military Law Review. With volume 80, the Revim began adding short descriptive comments to the standard bibliographic infonnation published in previous volumes. These comments are prepared by the editor after bnef examination of the pubiicstions discussed. The number of items received makes formal review of the great majority of them impossible.

The comments in these notes are not intended to be interpreted 89 recommendations for or against the books and other writings described. These comments serve only as information far the guidance of our readers who may want to obtain and examine one or more of the Publications further on their awn initiative. However, description of an item in this section does not preclude simultaneous or subsequent review in the Military Law Review.

Notes set forth in Section IV, below, are arranged in alphabetical order by name of the first author or editor listed in the publication, and are numbered accordingly. In Section 11, Authan or Editors of Publications Noted, and in Section Ill, Tities Noted, below, the number in parentheses fallowing each entry is the number of the corresponding note in Section IV. Far books having more than one principal authorar editor, all authors and editors are listed in Sec-tian 11.

The opinions and conciusions expressed in the notes in Section 1V are those of the editor of the Military Law Review. They do not necessarily reflect the views of The Judge Advocate General's School, the Department of the Army, or any other governmental agency.

11. AUTHORS OR EDITORS OF PUBLICATIONS NOTED

Babingtan, Anthony, For the Sake of Ezampk?: Capital Caurts- Bark, Dennis L., editor, To P*omatB Peace: LIS. Foreign hlicg in

Martial 1914-18 (No. 1).

the Mid-1970s (No. 2).

Berry, John Stevens, Those Gdlont Men: On T n d in Vietnam (No

Bush, John C. and Wiiiiam Harold Tiemann, The Right to Silence.

Carlsan, Ronald L., Edward J. lmwinkelried, and Edward J. Kianka.

Diskin, Martin, editor, Rouble m Dur Bnckyard. Central

Gabriel, Richard A,, R e Anlayomsts A Comparatiue Combat As- Imwinkeiried, Edward J., Ronald L. Carlsan, and Edward J. Kionka.

Jacoby, Sidney B., John M. Steadman, and David Schwartz, LilZga- Kionka, Edward J.. Edward J. lmwinkeiried, and Ronald L. Carlson.

Newfarmer, Richard, editor, From Gunboats to Diplomacy: .Vew

Payne, Anthony, nLe International Crzsis in the Caribbean (No 8). President's National Bipartisan Commission on Central America, ?he

Repoit of the President's Sational Bipartisan Commission onCentral America (No.

3).

Pririleyed Clergy Commun~cafionand the Lau, (No 14).

.Malerials fmthe Study ofEt,idence (No 4).

America and the United Slates in the Eighties (No.

5).

Redden, Kenneth R., editor, Modernkgal Syslems Cyclopedia (Vel-u m 1: Nwlh A7nertca) (No 10).

Schacht, Joseph, An Introductton lo Islamic Law (No. 11). Schwartz, David, Sidney B. Jacoby, and John M. Steadman, Litzga- Steadman, John M , David Schwartz, and Sidney B. Jacoby, Litiga- Stern, Herbert J , Jud~mmr tn Berlin (No. 13)

Thomas, A.J., Jr. and Ann Van Wynen Thomas, The War-Making Powms of the President (No 14).

Thomas, Ann Van Wynen and A J. Thomas, Jr., The War-Making Pmms of the Fresident (No. 14).

Tiemann, Wiiiiam Harold and John C Bush, The Riyht to Silace: Prtvikged Clergy Cornmuriteation and the Lalc (No. 16). Wells. Donald L., War Crzmes and Laws of War (No. 16) Wildavsky, Aaron, editor, Beyond Containmat. Alternalrve Poii- Wooisey, R. James, editor, Nuclear A m '

12).

lion With the Federal Government (No. 12)

cies Tocurd the Soviet Union ( N a 17).

(No. is).

lnoyraphy (No. 18).

Ethm, Strategy, Polztics

Zeigenfusr. Dr. James T.. Jr , Law. Medicine & Heallh Care. A Bzb-

sesmenl of the Societ and American Soldzer (No 6)

Materzals fov the Study of Evidence (No. 4).

Lion With the Federal Government (No. 12).

Malerials fo? the Study of Emdence (No. 4).

U.S. Policies for Latin America (No. 7).

g).

lion With the Fedeteral G o u m m t (No.

111. TITLES NOTED

Antagonists: A Comparative Combat Assesement of the Soviet and

Beyond Containment: Alternative American Policies Toward the

For the Sake of Example: Capital Courts-Martial 1914-18, by An- From Gunboats to Diplomacy: New U.S. Policies for Latin America,

International Cnns in the Caribbean, The, by Anthony Paym (No.

Introduction to Islamic Law, An, by JosepkSchacht (No. 11). Judgment in Berlin, by Herbert J. Stern (No. 13).

Law, Medicine & Health Care: A Bibliography, by DT. James T.

Amencan Soldier, The, by Richard A. Gabriel (No. 6).

Soviet Union, edited by Aarm Wildavsky (No. 17).

thony Babington (No, 1).

edited by Richard Nmfanner (No. 7).

8).

sew-, Jr. (No. 19).

Litigation with the Federal Government, by John M. Steadman,

David Schwartz, and Sidney B. Jacoby (No. 12).

Materials for the Study of Evidence, by Ronald L. Cerlson. Edward J. Imwinkelried, and Edward J. Kimka (No. 4).

Modern Legal Systems Cyclopedia (Volume 1: North America), edited by Kenneth R. Redden (No. 10).

Nuclear Arms: Ethics, Strategy, Politics, edited by R. James Woolsey

(No. 18).

Report of the President's National Bipartisan Commission on Central

America, The, by the President's National Bipartiiion Commission on Central A m i e a (No.

9).

Right to Silence: Pnvileged Clergy Communication and the Law,

The, by WilliamHarold Tiaann and John C. Bush (No. 15). Those Gallant Men: On Tnai in Vietnam, by JoknSteuensBerry (No.

To Promote Peace: U.S. Foreign Policy in the Mid-lSBOs, edited by

Trouble in Our Backyard: Central America and the United States in

War Crimes and Laws of War, by Donald A. Wells (No. 16) War-Making Powers of the President, The, b?, Ann Van Wyna

3).

Dennis L. Bark (No. 2).

the Eighties, edited by MaMartinDiskin (No, 5)

Thomas andA.J. Thomas, Jr. (No. 14)

IV. PUBLICATION NOTES

1 Babington, Anthony, For the Sake of Ezample. Capital Courts-.Martial 1914-18 New York, New York: St. Martin's Press, 1984. Pages: xu, 238. Postscript, Appendix, Bibhography, Index. Pnce: $21.95. Publisher's address: St. Martin's Press, 175 Fifth Avenue, New York, New York 10010

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The quality of military justice in wartime has always been a controversial subject. It has been asserted that, in war more than in peace, militaryjustice becomes a tool of discipline, rather than an in. strument of equitable enforcement of the criminal laws.

By 1914 within the British Army, however, the severity of the sanctions imposed by the British military justice system appeared to have been ameliorated. Throughout the Crimean and Boer Wars of the latter part of the 19th century, executions ranged from few to none. In addition, flogging, a punishment popular for centuries in the Bntish Army, had been banned. As Britain entered World War I, then, %British serviceman could at least count upon fair punishment for offenses against military discipime.

From 1914 to 1920, however, 346 officers and men were summalily executed at dawn following their convictions in the field. The details of the tnals and "appeals" had been secret for decades. Now, however, Anthony Babington. a Bntish Circuit Judge, has gamed BCcess to those records and has chronicled the circumstances surround. ing many of those cases. His conclusion is that the system as It operated during that penod is nothing of which the British military establishment aught to be proud

Typsally, those charged with offenses were technically guilty. However, the defenses were, as typically, not presented or poorly presented. If a conviction was had, few mitigatory facts would be placed in front of the sentencing authority or before those cam. manders who were required to confirm the sentences. ?lotice to the accused of their Sentence was oftentimes only slightly before their actual executions, Sometimes only by hours

The medical profession was also deemed delinquent. Many of the offenses for which executions were had appeared to have been committed during states of nervous exhaustion or "shell shock " The doctors who examined the accused are themselves accused by Babington of having "set themselves up as an extra branch of the provost corps, intent on secunng the extreme penalty for such offenders whenever possible." A Postscnpt to the book by Major-General Frank Richardson discusses this particular phenomenon.

Supplemented by charts that indicate the offenses for which capital punishment was adjudged and enforced, For the Sake of Ez.ample provides a thought-provoking look at how military justice might run amok under the pres~ures of war.

2 Bark, Dennis L. (ed.), To Promote Peace: L:S. Foreign Policy inthe Mtd-IQ80s. Stanford, California. Hoover Institution Press, 1984.

2so

pages: uviii, 296, Price: $19.95,

Publisher's address: Hoover Institution Press, Stanford University, Stanford, California 94306.

This decade, not yet half over, has already brought forth myriad challenges to the foreign policy of the United States. Whether in Lebanon, Iran, Central America, or in the skies above the Sea of Japan, the United States has had to respond coherently to forces inimical to our national security and world peace.

In To Remote Peace: US. Foreign Policy in t b Mid.19808, thd Hoover Institution has collected seventeen ewys that cover several of the areas of conflict and controversy that face the United States. These essays, authored by prominent thinkers and actors on the American stage, are designed to provoke debate and suggest policy alternatives for the United States as our nation enters the middle of the decade.

The subjects of the essays are as vd?d as the issues that face us. Development of the Third World, the role of the churches in the peace movement, American monetary and energy policies, and leadership styles for the 1980s are disclissed in the opening chapters. The American place in the Atlantic Alliance, the Americas, the Pacific Basin, the Middle East, and Africa...