Daniel Maurer

The Judge Advocate General's Legal Center & School

Professor

Charlottesville, VA 22903

United States

  • The Judge Advocate General's Legal Center & School

SCHOLARLY PAPERS

27

DOWNLOADS

1,241

SSRN CITATIONS

0

CROSSREF CITATIONS

1

Scholarly Papers (27)

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1.

Sovereign, Employer, Community: A Theory of Military Justice Beyond Discipline, Obedience, and Efficiency

Marquette Law Review, Vol. 107, 2023 (107 Marq. L. Rev. 399 (2013))
Number of pages: 89 Posted: 24 May 2022 Last Revised: 06 Feb 2024
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 141 (368,211)

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criminal law theory, military justice, court-martial, good order and discipline, commander-in-chief, civil-military relations, armed forces

2.

The Clash of the Trinities: A New Theoretical Analysis of the General Nature of War

The Clash of the Trinities: A New Theoretical Analysis of the General Nature of War, US Army War College Press, Strategic Studies Institute (Advancing Strategic Thought Series), ISBN: 1-58487-766-9
Number of pages: 129 Posted: 28 Nov 2017
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 113 (435,668)

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war, Clausewitz, modern conflict, theory of war

3.

Working with Proximate Cause: An 'Elements' Approach

The Army Lawyer, December 2011
Number of pages: 8 Posted: 20 Oct 2014
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 84 (531,920)

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proximate causation, administrative law, army investigations

4.

Military Mediation as Military Justice? Conjectures on Repairing Unit Cohesion in the Wake of Relational Misconduct

Ohio State Journal on Dispute Resolution, Vol. 28, No. 2, 2013
Number of pages: 69 Posted: 01 Aug 2014
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 82 (539,710)

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mediation, military justice, unit cohesion, Uniform Code of Miltary Justice

5.

Entanglement: Using Social Network Analysis for Military Justice Applications

Military Review, p. 87, November-December 2014
Number of pages: 10 Posted: 19 Oct 2014
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 75 (568,236)

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social network analysis, military justice, courts-martial

6.

Why Are Non-Unanimous (Court-Martial) Guilty Verdicts Still Alive After Ramos?

American Criminal Law Review, vol. 60, issue 1, p. 127 60 Am. Crim. L. Rev. 127 (2023)
Number of pages: 51 Posted: 06 Apr 2022 Last Revised: 11 Jan 2023
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 65 (613,600)

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7.

A Logic of Military Justice?

53 Texas Tech Law Review 669 (2021)
Number of pages: 74 Posted: 16 Aug 2021
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 63 (623,625)

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military justice, national security, court-martial, convening authority, commander, Uniform Code of Military Justice, Supreme Court, Court of Appeals for the Armed Forces

8.

War Crime Clemency: The President's Self-Defeating Pardon

Number of pages: 67 Posted: 01 Sep 2021
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 54 (671,755)

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pardon, clemency, president, commander-in-chief, war crime, military justice, court-martial

9.

The Future Fallacy: A Conversation About the 'Certainty Principle'

Small Wars Journal, March 2015
Number of pages: 22 Posted: 14 Mar 2015
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 53 (677,588)

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future war, civil-military relations

10.

The Veil (or Helmet) of Ignorance: A Rawlsian Thought Experiment About a Military’s Criminal Law

University of Richmond Law Review, Vol. 55, 2021
Number of pages: 46 Posted: 09 Mar 2021 Last Revised: 19 Apr 2021
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 47 (713,973)

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military justice, Article I courts, jurisprudence, good order and discipline, John Rawls, thought experiment, veil of ignorance, Uniform Code of Military Justice, principal-agent relationship

11.

Is Demilitarizing Military Justice an Ethical Imperative for Congress, the Courts, and the Commander-in-Chief?

Hofstra Law Review, Vol. 49, No. 1, 2021
Number of pages: 9 Posted: 09 Mar 2021 Last Revised: 12 Mar 2021
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 47 (713,973)

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Military justice, ethics, professional responsibility, commander-in-chief, court-martial, Uniform Code of Military Justice

12.

Paved With Good Intentions?: Civil-Military Norms, Breaches, and Why Mindset Matters

Journal of National Security Law & Policy, vol. 11, no. 1 (Spring 2020)
Number of pages: 21 Posted: 10 Jun 2020
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 47 (713,973)

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Civil-Military Relations, presidential norms, military norms, nonpartisan military, apolitical military

13.

Fiduciary Duty, Honor, Country: Legislating a Theory of Agency into Strategic Civil-Military Relations

Harvard National Security Journal, Vol. 10, n. 1: 259-315 (2019), or (Bluebook style) 10 Harv. Nat. Sec. J. 259 (2019)
Number of pages: 57 Posted: 01 May 2018 Last Revised: 15 May 2020
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 47 (713,973)

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Civil-Military Relations, President, Agency Law, Goldwater-Nichols Act, National Security, Principal-Agent Relationships

14.

Thinking About Thinking About the Army's Future: Paradigms and the Wicked Problem of 'Landpower'

Small Wars Journal, June 9, 2014
Number of pages: 11 Posted: 25 Mar 2015
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 40 (761,073)

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strategy, paradigms, wicked problems, military doctrine

15.

Going on the Offensive: Legitimacy and Fairness Inside the Military Justice 'Trinity' of Interests

Ohio State Journal of Criminal Law, Vol. 11, No. 2, 2014
Number of pages: 8 Posted: 01 Aug 2014
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 39 (768,370)

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military justice, military sexual assault

16.

Larrabee at the District Court: Misunderstanding Military Criminal Law by the Article III Judiciary is Far From Retired

2021 University of Illinois Law Review Online 23
Number of pages: 25 Posted: 09 Mar 2021
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 37 (782,751)

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military justice, Article I courts, Article III courts, Uniform Code of Military Justice, criminal jurisdiction

17.

Does K-2SO Deserve a Medal?

Small Wars Journal, 2017
Number of pages: 9 Posted: 27 Nov 2017
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 33 (813,613)

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Artificial Intelligence, science fiction, combat ethics, future war, categorical imperative, Kant, Bentham

18.

Why Percentages Matter -- And Why We Should Ignore Them

War Council, Modern War Institute, US Military Academy at West Point, Online
Number of pages: 4 Posted: 29 Jan 2016 Last Revised: 31 Jan 2016
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 27 (863,482)

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strategic communication, all-volunteer force, civil-military relations

19.

Looking to the Stars: Imagining a Constellation of Capabilities

Small Wars Journal, July 17, 2014
Number of pages: 6 Posted: 25 Mar 2015
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 27 (863,482)

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interagency, whole-of-government, strategy, strategic landpower

20.

The Unrepresentative Military Jury: Deliberate Inclusion of Combat Veterans in the Military's Venire for Combat-Incidental Crimes

Ohio State Journal of Criminal Law, Vol. 6, No. 2, 2009
Number of pages: 46 Posted: 01 Aug 2014
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 26 (872,459)

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Uniform Code of Military Justice, military panel selection, Article 25, venire

21.

Martial Misconduct and Weak Defenses: a History Repeating Itself (Except When it Doesn't)

54 University of Illinois Chicago Law Review 867 (2021)
Number of pages: 67 Posted: 12 Apr 2022
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 25 (881,325)

Abstract:

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Military justice, Congress, Articles of War, UCMJ, criminal justice reform, court-martial

22.

The Staff Officer's Paintbrush: The Art of Advising Commanders

Modern War Institute, 2017
Number of pages: 3 Posted: 05 Dec 2017 Last Revised: 25 Apr 2018
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 23 (899,597)

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Professional Staff Officer, Principal-Agent Relationship

23.

The Judge Advocate As Strategist

Small Wars Journal, Forthcoming
Number of pages: 24 Posted: 23 Mar 2017 Last Revised: 25 Apr 2018
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 21 (918,658)

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Law, strategy, military justice, prosecution, principal-agent theory

24.

Cross-Eyed: Planning When Host-Nation and Intervener Rule of Law Strategies are Unaligned

Harvard National Security Journal, Forthcoming
Number of pages: 11 Posted: 18 Sep 2015 Last Revised: 02 Feb 2016
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 14 (988,233)

Abstract:

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rule of law, military strategy

25.

Meta-Law of Armed Conflict Principles

Texas Tech Law Review vol 56 pp 113-40 (2024)
Number of pages: 28 Posted: 12 Mar 2024
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 11

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law of war, International Humanitarian Law, IHL, LOAC principles, Ukraine, Russia, jus in bello

26.

Not Your Grandfather's Zone of Twilight: Civil Military Relationships in Debatably Legal Precision Strikes

Posted: 12 Sep 2018
Daniel Maurer
The Judge Advocate General's Legal Center & School

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civil-military relations, Trump, Precision Strike, limited war, unequal dialogue

27.

Congress and the Operational Disciplining of the Use of Armed Force: Are Rules of Engagement Within the Preclusive Core of the President's War Powers?

Ohio State Law Journal, Vol. 84, No. 6, 2024
Number of pages: 42
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 0

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Separation of Powers, war powers, commander-in-chief, Rules of Engagement, constitutional interpretation, Youngstown

Other Papers (6)

Total Downloads: 96
Actions:
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1.

The 'Inception' Theory of Military Innovation

War Council blog, Modern War Institute, United States Military Academy, 2016
Number of pages: 6 Posted: 13 Apr 2016
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 57

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military Innovation adaptation strategy

2.

A Civil War Vignette that Explains Modern Civ-Mil Relations

War Council Blog, Modern War Institute, US Military Academy at West Point (2016)
Number of pages: 4 Posted: 23 Sep 2016 Last Revised: 25 Apr 2018
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 24 (592,056)

Abstract:

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generals, politicians, civil-military relations, civil war, Lincoln, Grant

3.

On Failure

Modern War Institute (2017)
Number of pages: 4 Posted: 06 Dec 2017 Last Revised: 25 Apr 2018
Daniel Maurer
The Judge Advocate General's Legal Center & School
Downloads 15

Abstract:

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leadership

4.

Trump’s Intervention in the Golsteyn Case: Judicial Independence, Military Justice or Both?

Lawfare Blog, 2019
Posted: 27 Mar 2019
Daniel Maurer
The Judge Advocate General's Legal Center & School

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military justice, Trump, president, UCMJ, civil-military relations

5.

Meeting of the Minds: How Presidents and Generals Stake out Their Territory

Lawfare Blog, 2017
Posted: 26 Mar 2019
Daniel Maurer
The Judge Advocate General's Legal Center & School

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Trump, civil-military relations, military, agency, generals, presidents

6.

Are Military Courts Really Just Like Civilian Courts?

Lawfare, July 2018
Posted: 22 Sep 2018
Daniel Maurer
The Judge Advocate General's Legal Center & School

Abstract:

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supreme court, military justice, Ortiz v. United States, Court of Appeals for the Armed Forces (CAAF)