Posit: What role should the common law of evidence play in a military judge's decisions under the present rules of evidence? My conclusion is that the answer to this question is of bedrock importance to military justice.
Yet despite these differences, an understanding of the Federal Rules of Evidence and the common law precedents from which they evolved is imperative if the majority of the military rules is to be properly employed.
Mills, Richard H.
"Military Rules of Evidence: Adoption or Abrogation of the Common Law?,"
Akron Law Review: Vol. 22
, Article 4.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol22/iss3/4