It might be worthwhile to pause for a bit to discuss the relationship of Experimental Jurisprudence to the many other schools of jurisprudence which have existed from time to time. It has also an important relation to the expansion of the scientific method into the literature and practice of social control through law. There is no need here to go into a detailed scholarly discussion of the history of jurisprudential…
In June of 1969, the Supreme Court decided O’Callahan v. Parker, and thereby rocked the very foundation of court-martial jurisdiction. Under that holding, a military court-martial had no jurisdiction to try a serviceman for a crime which occurred off-post, during off-duty hours, while he was on leave with an evening pass, and while he was in civilian clothing. In summary, Mr. Justice Douglas, writing for a 5-3 majority, concluded that…