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Index/People/David J. Luban

David J. Luban

Professor of law and philosophy

Fact-Checks

1 result
Nov 23, 2025

What legal tests do U.S. courts apply to determine an order is "manifestly illegal" for military personnel?

U.S. military law recognizes that servicemembers need not obey "manifestly unlawful" orders, but courts and military practice apply a high, fact-specific threshold: an order must be so clearly illegal...

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