Excerpts from the Fiftieth Kenneth J. Hodson Lecture on Criminal Law

There were just enough anomalous cases to create a string of anecdotes that suggested to a critical observer or a badly treated victim that the system was too capricious, too uncertain, and too unsteady to be trusted to continue operating with the same rules and assumptions that have characterized military justice for decades. Critics of the justice system would like us to have our own Findlay case3: the UK case that came before the European Court of Human Rights about twenty-five years ago, which pretty much ended traditional military justice in the United Kingdom. [...]some of the old-school constraints on UCI were marginal and unrealWe istic. The Court of Appeals for the Armed Forces has said for years that there is no such thing as "command influence in the air,"10 but this is an inaccurate statement.