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Articles Posted in preemption doctrine

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CGCCA affirms judge on an Article 62 appeal

United States v. Daly. Initially the accused was charged with violating a CG Personnel Manual regulation (about personal relationships) under Article 134, UCMJ.  After some discussion of preemption issues (Dwight-san?), the charge was amended to remove the violation of a lawful order language.  Then the defense challenged the charge on…

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