Military Values in Law

Congress, for example, takes inappropriate advantage of the tremendous deference given by courts to its constitutional powers to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces.\n In a court-martial involving a military defendant and a civilian victim of sexual assault, application of the psychotherapist-patient privilege raises no difficult issues related to professional military values. When both the victim and the defendant are members of the military, however, the victim\u27s assertion of privilege is at least potentially inconsistent with the victim\u27s professional obligation to place the military\u27s institutional need to discipline misconduct undermining military readiness above an individual desire not to reveal communications concerning the criminal act

Founding family firms, CEO incentive pay, and dual agency problems

This paper contributes to the literature on agency theory by examining relations between family involvement and CEO compensation. Using a panel of 362 small U.S. listed firms, we analyze how founding families influence firm performance through option portfolio price sensitivity. Consistent with the dual agency framework, we find that family firms have lower CEO incentive pay, which is further reduced by higher executive ownership. Interestingly, such incentive pay offsets the positive impact that families have on firm valuation. Collectively, our results show that, compared with nonfamily firms, lower incentive pay adopted by family firms due to lower agency costs mitigates the direct effect of family involvement on firm performance. Once accounting for CEO incentive pay, we do not observe performance differences between family and nonfamily firms

A Survey of the Management and Development of Captive African Elephant (\u3cem\u3eLoxodonta africana\u3c/em\u3e) Calves: Birth to Three Months of Age

We used four surveys to collect information about the birth, physical growth, and behavioral development of 12 African elephant calves born in captivity. The management of the birth process and neonatal care involved a variety of standard procedures. All of the calves were born at night, between 7PM and 7AM. The calves showed a systematic progression in behavioral and physical development, attaining developmental milestones at least a quickly as calves in situ. This study emphasized birth-related events, changes in the ways that calves used their trunks, first instances of behaviors, and interactions of the calves with other, usually adult, elephants. Several behaviors, such as the dam covering her calf with hay and the calf sucking its own trunk, were common in the captive situation and have been observed in situ. Overall, the behaviors of the calves resembled those observed for African elephant calves in situ. These data should help in the management of African elephants under human care by providing systematic reference values for the birth and development of elephant calves

Rehnquist\u27s Vietnam: Constitutional Separatism and the Stealth Advance of Martial Law

This Article argues that judicial deference to the military, at least as the principle is understood in contemporary decisions of the Court, is surprisingly recent and not at all constitutionally established. In fact, this deference departs from constitutional text and from a line of Supreme Court precedent concerning civilian-military relations extending back before the Civil War. Broad judicial deference to military discretion is only a creation of the post-Vietnam, all-volunteer military and, more specifically, only a creation of one single Justice of the Supreme Court, William H. Rehnquist. In Greer v. Spock, First Amendment values were displaced narrowly in the service of a greater constitutional good-civilian control of the military-that could be achieved only through maintenance of political neutrality. Today, in contrast, the Court\u27s identification of the military as pointedly not neutral, but as separate, morally superior, and politically partisan, is offered as a reason why the military should not be subject to constitutional limitation at all. Judicial deference to the military can never be constitutionally effective when the military is politically partisan, or when the military is used for politically partisan purposes. Rehnquist\u27s transformation of our constitutional understanding of civilian-military relations has achieved, with uncanny precision, the worst possible combination of constitutional anomalies. He has encouraged the military to see itself as politically partisan, enabled Congress to use the military for politically partisan purposes, and then awarded an all-encompassing judicial deference that insulates both from serious review. This is how, thirty years later, Rehnquist finally won the Vietnam War