Arkansas
How Bergdahl v. United States applies in Arkansas: state-specific rules, key cases, and bar exam notes for Military & National Security Law.
Arkansas law acknowledges the principles established in Bergdahl v. United States concerning military conduct and the expectations placed upon service members. The state emphasizes the importance of adherence to military discipline and accountability in the context of both state and federal law governing military personnel.
In Arkansas, military personnel are subject to both state military codes and federal military regulations, which mandate adherence to lawful orders and appropriate conduct during military operations.
The court held that military members must comply with lawful orders; failure to do so can result in disciplinary action consistent with military regulations.
This case recognized the dual authority of state and federal law over military personnel, affirming that state courts can address issues of military misconduct.
The court ruled that soldiers are expected to act in accordance with their training and orders, reinforcing the principles of accountability as discussed in the Bergdahl case.
While Arkansas adheres to the same fundamental principles of military law as articulated in Berger v. United States, it also incorporates state-specific codes that apply uniquely to Arkansas National Guard members. Arkansas courts may interpret military discipline with a greater emphasis on state military laws compared to federal interpretation.
Candidates preparing for the Arkansas bar exam should be aware of how Arkansas’s military statutes and case law overlap with federal military law, as it may appear in multiple-choice or essay questions.