David A. Schlueter

St. Mary's University - School of Law

Hardy Chair Emeritus & Professor of Law Emeritus

One Camino Santa Maria

San Antonio, TX 78228

United States

SCHOLARLY PAPERS

31

DOWNLOADS

1,615

SSRN CITATIONS

1

CROSSREF CITATIONS

1

Scholarly Papers (31)

1.

Reforming Military Justice: An Analysis of the Military Justice Act of 2016

St. Mary's University School of Law 49 St. Mary's Law Journal 1 (2017)
Number of pages: 158 Posted: 05 Sep 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 303 (190,164)

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UCMJ, Uniform Code of Military Justice, military justice, military procedure, military evidence, military lawyers, military courts, court-martial, armed forces lawyers, armed forces law

2.

The Military Justice Conundrum: Justice or Discipline?

Military Law Review, Vol. 215, 2013.
Number of pages: 77 Posted: 03 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 213 (269,624)

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American military justice system, military justice, discipline, pretrial procedures, appellate review, military judges, due process, due process model of justice, guilty pleas, sentencing, personal jurisdiction, U.S. court-martial proceedings, U.S. Uniform Code of Military Justice, UCMJ

3.

National, Military, and College Reports on Prosecution of Sexual Assaults and Victims' Rights: Is the Military Actually Safer Than Civilian Society

Gonzaga Law Review, Vol. 56, No. 2, 2021
Number of pages: 66 Posted: 20 Apr 2021
David A. Schlueter and Lisa Schenck
St. Mary's University - School of Law and George Washington University - Law School
Downloads 210 (273,159)

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Sexual Assaults, Military Justice, Uniform Code of Military Justice, Armed Forces

American Military Justice: Retaining the Commander's Authority to Enforce Discipline and Justice

Number of pages: 69 Posted: 03 Aug 2020
David A. Schlueter
St. Mary's University - School of Law
Downloads 75 (602,477)

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UCMJ, Military Justice, Commanders, Discipline, Justice

American Military Justice: Retaining the Commander's Authority to Enforce Discipline and Justice

Number of pages: 69 Posted: 16 Sep 2020
Lisa Schenck and David A. Schlueter
George Washington University - Law School and St. Mary's University - School of Law
Downloads 34 (864,388)

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UCMJ, Military Justice, Commanders, Discipline, Justice

5.

A White Paper on National, Military, and College Reports on Prosecution of Sexual Assaults and Victims’ Rights

Number of pages: 52 Posted: 30 Sep 2020
David A. Schlueter and Lisa Schenck
St. Mary's University - School of Law and George Washington University - Law School
Downloads 76 (589,776)

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Sexual Assault, College Sexual Assaults, UCMJ, Military Justice, Commanders, Discipline, Justice

6.

The Court-Martial: A Historical Survey

Military Law Review, Vol. 87, 1980.
Number of pages: 38 Posted: 03 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 66 (636,505)

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legal tribunal, court-martial, form of trial, imperial Rome, evolution, Middle Ages, Britain, Renaissance, American Revolution, United States, present day

7.

Do We Need a Parent-Child Privilege

2 Crim. Just. 10 (1987).
Number of pages: 6 Posted: 28 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 63 (651,894)

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parent-child privilege, right to privacy, constitutional protections, Port v. Heard, evidentiary privileges, Trammel v. United States, People v. Fitzgerald, In re Grand Jury Proceedings, personal autonomy, Griswold v. Connecticut, Roe v. Wade, family unit, compelling government interest, substantial

8.

Taking Charge of Court-Martial Charges: The Important Role of the Commander in the American Military Justice System

NYU Journal of Law & Liberty, Vol. 14, No. 2, 2020
Number of pages: 130 Posted: 06 May 2021 Last Revised: 09 Sep 2021
David A. Schlueter and Lisa Schenck
St. Mary's University - School of Law and George Washington University - Law School
Downloads 57 (684,267)

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Military Justice, Court-Martial, Charges, Commanders, Uniform Code of Military Justice

9.

Investigative Detentions for Purposes of Fingerprinting

Army Law. 10 (Oct. 1988).
Number of pages: 7 Posted: 28 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 47 (745,321)

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United States v. Fagan, investigative detentions, constitutional principles, right to privacy, Fourth Amendment, search and seizure, probable cause, Dunaway v. New York, custodial interrogation, military interrogation, military law enforcement, Davis v. Mississippi, Hayes v. Florida, reasonable susp

10.

American Military Justice: Responding to the Siren Songs for Reform

Air Force Law Review, Vol. 73 (2015)
Number of pages: 40 Posted: 23 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 44 (765,646)

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American military justice system, Uniform Code of Military Justice, pretrial procedures, trial procedures, post-trial review, appellate review, courts-martial, commanders roles, prosecutorial powers, good order and discipline, court-martial jurisdiction, common law offenses, military offenses

11.

Judicial Federalism and Supreme Court Review of State Court Decisions: A Sensible Balance Emerges

Notre Dame Law Review, Vol. 59, 1984
Number of pages: 39 Posted: 03 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 44 (765,646)

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Michigan v. Long, Henry v. Mississippi, Murdock v. City of Memphis, judicial federalism, state courts, review of state courts, jurisdiction, US Constitution, Article III, section 1, appellate, state court autonomy, incorporation, bill of rights, rule of self-restraint, independent and adequate, Herb

12.

Bodily Evidence and Rule 312, M.R.E.

Army Law 35 (May 1980).
Number of pages: 8 Posted: 23 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 37 (816,817)

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David A. Schlueter, bodily evidence, Military Rules of Evidence, M.R.E. 312, self-incrimination, due process, Fourth Amendment, Fifth Amendment, bodily fluids, search and seizure, military law, rights of suspects, nonconsensual searches, body cavity searches

13.

The Co-Author Prenup

44 St. Mary’s L.J. 451 (2013)
Number of pages: 36 Posted: 25 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 30 (874,363)

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Co-Author, Writing, Authoring, Collaborating, Editor, Publishing, Book Publisher, Sanford Kaye, Writing under Pressure: The Quick Writing Process, Law Review, Douglas K. Moll, Minority Oppression & the Limited Liability Company: Learning (or Not) from Close Corporation History, Nancy Levit, Scholar

14.

Personal Jurisdiction Under Article 2, UCMJ: Whither Russo, Catlow, and Brown?

Army Lawyer, December 1979
Number of pages: 13 Posted: 12 Apr 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 28 (892,128)

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David Schlueter, Military Justice, Uniform Code of Military Justice, Article 2 UCMJ, Personal Jurisdiction, Invalid Enlistment, Recruitment Issues, Competency, Age, Enlistment, Recruiter Conduct, Simplifying Litigation, Constructive Enlistment

15.

The Enlistment Contract: A Uniform Approach

77 Mil. L. Rev. 1 (1977).
Number of pages: 64 Posted: 28 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 27 (901,254)

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court-martial, court-martial jurisdiction, military criminal justice, military commanders, military courts, courts-martial, personal jurisdiction, enlistment contract, recruiter misconduct, Court of Military Appeals, American military justice, military criminal justice.

16.

When Soldiers are Defendants

Criminal Justice, Vol. 3, 1988.
Number of pages: 7 Posted: 10 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 27 (901,254)

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subject matter jurisdiction, Solorio v. United States, court-martial, criminal justice, military jurisdiction, O’Callahan v. Parker, service connected offenses, civilian offenses, military criminal trials, Relford v. Commandant, Schlesinger v. Councilman, Court of Military Appeals, United States v.

17.

Federal Rules Update: Amendments to the Federal Rules of Procedure and Evidence

24 Crim. Just. 61 (2009).
Number of pages: 2 Posted: 23 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 25 (919,673)

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Rules Enabling Act, Federal Rules of Procedure and Evidence, United States Judicial Conference, Standing Committee on the Rules, United States Supreme Court, Federal Rule of Evidence 502, attorney-client privilege, work-product protection, limitations on waiver, scope of a waiver, inadvertent

18.

Federalism and Supreme Court Review of Expansive State Court Decisions: A Response to Unfortunate Impressions

Hastings Constitutional Law Quarterly, Vol. 11, 1984
Number of pages: 28 Posted: 03 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 23 (939,107)

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United States Supreme Court, Burger Court, federalism, state autonomy, federal civil liberties, criminal defendants, Supremacy Clause, federal law, state law, undue intrusion, Michigan v. Long, judicial relations, federalist judicial system, Montana v. Jackson, constitutional law, independent and ad

19.

Gays and Lesbians in the Military: A Rationally Based Solution to a Legal Rubik's Cube

Wake Forest Law Review, Vol. 29, 1994
Number of pages: 42 Posted: 03 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 20 (969,378)

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“Don’t ask, don’t tell”, 10 U.S.C. 654, Homosexuals in the Military, President Clinton, David Schlueter, UCMJ, Uniform Code of Military Justice, Limited Accommodation, Colin Powell, Military Administrative Law, Military Criminal Law, Ben-Shalom v. Marsh, Chappell v. Wallace, United States v. Fagan

20.

Constructive Enlistments: Alive and Well

Aʀᴍʏ Lᴀᴡ. 6 (Nᴏᴠ. 1977)
Number of pages: 21 Posted: 23 Mar 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 18 (990,121)

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United States v. Brown, United States v. Catlow, United States v. Russo, Constructive Enlistments, Court of Military Appeals, Burden of Proof, Personal Jurisdiction, Court-Martial Jurisdiction, Constructive Enlistments, Estoppel, United States v. Harrison, Uniform Code of Military Justice, Recruiter

21.

Tempia, Turner, McOmber and the Military Rules of Evidence: A Right to Counsel Trio with the New Look

Army Lawyer, April 1980.
Number of pages: 14 Posted: 20 Mar 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 18 (990,121)

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David Schlueter, Tempia, Turner, McOmber, Military Rules of Evidence, military justice, Fifth Amendment, Sixth Amendment, Uniform Code of Military Justice, Court of Military Appeals, military case law, interrogations, right to counsel, rights of accused, self-incrimination, Miranda

22.

Criminal Law and Procedure

19 Tex. Tech L. Rev. 483 (1988)
Number of pages: 58 Posted: 26 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 18 (990,121)

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Search and Seizure, Fifth Amendment, Self-Incrimination, Miranda Rights, Discovery, Jencks Act, United States v. Ramirez, National Treasury Employees Union v. Von Raab, United States v. Trosper, United States v. Thibodeaux

23.

The Twentieth Annual Kenneth J. Hodson Lecture: Military Justice for the 1990's - A Legal System Looking for Respect

Military Law Review, Vol. 133, 1991.
Number of pages: 29 Posted: 03 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 18 (990,121)

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Kenneth J. Hodson, criminal law, Judge Advocate General’s School, Major General Hodson, Judge Advocate General, Army Court of Military Review, American Bar Associations, Federal Bar Association, United States Army Reserve, Reporter for the Federal Rules Advisory Committee

24.

The Parent-Child Privilege: A Response to Calls for Adoption

19 St. Mary’s L.J. 35 (1987-1988).
Number of pages: 45 Posted: 03 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 17 (1,000,615)

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parent-child privilege, Trammel v. United States, privileges, adverse testimonial privilege, confidential communications privilege, Diehl v. State, Bowers v. Hardwick, Rules of Evidence, Griswold v. Connecticut, Roe v. Wade

25.

Wagner, Valadez and Harrison: A Definitive Enlistment Trilogy

Army Lawyer, January 1979.
Number of pages: 11 Posted: 20 Mar 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 16 (1,011,183)

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United States v. Wagner, United States v. Valadez, United States v. Harrison, constructive enlistment, personal jurisdiction, court martial, enlistment law, Court of Military Appeals, In re Grimley, recruiter, recruiter violations, recruiter negligence, recruiting regulation, statutory regulation

26.

Criminal Procedure Rules Pending Public Comment

21 Crim. Just. 45 (2006).
Number of pages: 2 Posted: 28 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 15 (1,021,685)

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Federal Rules of Procedure and Evidence, Judicial Conference of the United States, Judicial Conference’s Standing Committee on the Rules, Rules of Criminal Procedure, Rule 1, crime victim, Rule 12.1, notice of an alibi defense, Rule 17, subpoena, Rule 18, place of prosecution and trial, Rule 29, mot

27.

A Call for Comment: Restyling and Amending the Federal Rules of Criminal Procedure

Criminal Justice, Fall 2000
Number of pages: 7 Posted: 23 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 15 (1,021,685)

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Federal Rules of Criminal Procedure, United States Judicial Conference, Committee on Rules of Practice and Procedure, proposed amendments, criminal law, restyling project, initial appearance, preliminary hearing, arraignment, notice of insanity defense, mental examination, disclosure statement

28.

Criminal Rules Amendments Effective as of December 2007

23 Crim. Just. 52 (2008).
Number of pages: 2 Posted: 28 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 12 (1,052,769)

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Rules Enabling Act, Federal Rules of Procedure and Evidence, United States Judicial Conference, Standing Committee on the Rules, Criminal Rule 11, pleas, Criminal Rule 32, sentencing, judgment, Criminal Rule 35, correcting or reducing a sentence, Criminal Rule 45, computing, extending time, Criminal

29.

Captain's Advisory Council Notes

Army Law., Nov. 1974, at 21.
Number of pages: 2 Posted: 23 Jan 2017
David A. Schlueter
St. Mary's University - School of Law
Downloads 10 (1,073,026)

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continuing legal education, United States Army JAG Corps, Judge Advocate General, Captain’s Advisory Council, Fort Meade, Regional Continuing Legal Education Conference, military justice, General Prugh, junior officers, military law

30.

This Is Not Your Grandparents’ Military Justice System: The 2022 and 2023 National Defense Authorization Acts

Army Law., no. 2, 2023, at 74., GWU Legal Studies Research Paper 2024-44, GWU Law School Public Law Research Paper 2024-44
Number of pages: 11 Posted: 05 Jul 2024
David A. Schlueter and Lisa Schenck
St. Mary's University - School of Law and George Washington University - Law School
Downloads 6 (1,111,602)

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UCMJ, Uniform Code of Military Justice, Military Justice Act, Military Criminal Law, Commanders

31.

Transforming Military Justice: The 2022 and 2023 National Defense Authorization Acts

231 MIL. L. REV. 1 (2023)., GWU Legal Studies Research Paper 2024-43, GWU Law School Public Law Research Paper 2024-43
Number of pages: 49 Posted: 05 Jul 2024
David A. Schlueter and Lisa Schenck
St. Mary's University - School of Law and George Washington University - Law School
Downloads 3 (1,138,693)

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UCMJ, Uniform Code of Military Justice, Military Justice Act, Military Criminal Law, Commanders