Crisis, Agency, and Law in US Civil-Military Relations

Major Dan Maurer is a combat veteran, former engineer officer, and has practiced military law as a prosecutor in courts-martial, as an appellate counsel, and in leadership positions within the Army Judge Advocate General’s Corps. He is a contributing author at the United States Military Academy's Modern War Institute.

• 1. Introduction .- 2. The Opening Statement .- 3. The Case-in-Chief: What the Law Does (Not) Say .- 4. The Expert Witnesses: A Cross-Examination .- 5. The Expert Witnesses: Fingerprints of Agency .- 6. The Rebuttal Witnesses: From Agency to Norms to Diagnosis .- 7. Exhibit A: Scope of Responsibility and Authority .- 8. Boundaries, or A “Poverty of Useful and Unambiguous Authority?” .- 9. Exhibit B: When Fidelity and Frankness Conflict .- 10. Exhibit C: Amending the Goldwater-Nichols Act .- 11. Exhibit D: The Future Fallacy, A Civ-Mil Dialogue .- 12. Closing Argument.