Law Commons^™

The Cartoon Physics Of The Court-Martial, John M. Bickers

West Virginia Law Review

No abstract provided.

Appellate Review Of Courts-Martial In The United States, Scott W. Stucky

Catholic University Law Review

No abstract provided.

The Army’S G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott

St. Mary's Law Journal

Abstract forthcoming.

Leahy—Sharpening The Blade, Nandor F.R. Kiss

Pace International Law Review

Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits to substantive …

This We’Ll Defend: Expanding Ucmj Article 2 Subject Matter Jurisdiction As A Response To Nonconsensual Distribution Of Illicit Photographs, Nicholas Karp

University of Michigan Journal of Law Reform

In March 2017, it was revealed that current and former armed service members shared thousands of nude photos of their female counterparts over social media. Although some of these photos were taken with the women’s consent, almost none of them were distributed with the women’s consent.

Victims have little legal recourse. Military law is silent on the matter of non-consensual distribution. Federal civilian law speaks only to interstate stalking, domestic violence, and harassment, while only thirty-four states have revenge porn laws that sufficiently criminalize nonconsensual distribution of illicit photographs. Further complicating matters, the perpetrator’s military status as active duty, reservist, …

Five Years Under The Veterans Judicial Review Act: The Va Is Brought Kicking And Screaming Into The World Of Meaningful Due Process, Lawrence B. Hagel, Michael P. Horan

Maine Law Review

I have been asked to give you the “veterans' perspective” on whether the Court of Veterans Appeals has served the purpose for which it was created by Congress and also to describe what additional steps the court might take to further the ends desired by veterans. This is no easy task. It is difficult not because I do not have a lot to say. It is difficult because it is a charge to speak, in a sense, for all veterans. In order to understand what I mean, I think it may be helpful to give you a little background on …

The Impact Of Judicial Review On The Department Of Veterans Affairs' Claims Adjudication Process: The Changing Role Of The Board Of Veterans' Appeals, Charles L. Craigin

Maine Law Review

In a March 1992 statement submitted to the Congress, the Deputy Secretary of Veterans Affairs described the impact of judicial review on the Department of Veterans Affairs (Department or VA) as “profound.” That description is still apt and applies with as much force to the Board of Veterans' Appeals (Board or BVA) as it does to the Department as a whole. Nothing has had as much impact on the Board as the Veterans' Judicial Review Act (VJRA). The VJRA established the United States Court of Veterans Appeals in 1988 and charged it with the review of decisions of the Board. …

Jurisdiction Of The United States Court Of Veterans Appeals: Searching Out The Limits, Frank Q. Nebeker

Maine Law Review

I have been asked to talk to you about the United States Court of Veterans Appeals-specifically, challenges and trends in defining the scope of the court's jurisdiction. As a brand-new court, and one without any antecedent, the court began to establish precedent to deal with all aspects of its jurisdiction. In fact, it is still very much in the process of setting such precedent. For the first time, the court brought the principle of stare decisis to the veterans' community. The principle required considerable readjustment within the Department of Veterans Affairs (Department or VA). The VA's regional offices and the …

Introductory Remarks, Donald N. Zillman

Maine Law Review

I am very pleased to welcome this distinguished company to the University of Maine School of Law and to Portland. I thank Chairman Cragin for bringing such a distinguished group to his law school. I thank the Maine Law Review for taking the sponsor's role and for insuring that the publication of our proceedings will take our thoughts far beyond this room. My interest in military law and veterans law as participant and scholar extends over the last twenty years. And so, when Chairman Cragin broached the idea of a conference to provide the first assessment of how the “new …

Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter

St. Mary's Law Journal

The Uniform Code of Military Justice (UCMJ), 10 USC §§ 801-946, is the statutory template for the United States' military justice system. The UCMJ addresses topics such as court-martial jurisdiction, and pretrial, trial, and appellate procedures. It also includes punitive articles which proscribe, not only common law offenses, but also offenses unique to the military. Congress made significant changes to the UCMJ in the Military Justice Act of 2016. The legislation not only amended a significant number of existing articles, but also added many new articles. In addition, Congress completely reorganized the punitive articles. In this article, Professor Schlueter addresses …

Command Responsibility: A Small-Unit Leader's Perspective, Jeremy Dunnaback

Northwestern University Law Review

No abstract provided.

Parker V. Levy - Conduct Unbecoming An Officer And A Gentleman , James M. Kamman

Pepperdine Law Review

No abstract provided.

Targeting And The Concept Of Intent, Jens David Ohlin

Michigan Journal of International Law

International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …

Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar

St. Mary's Law Journal

Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …

Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev

San Diego International Law Journal

The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …

For Whom The Little Bells Toll: Recent Judgments By International Tribunals On The Legality Of Cluster Munitions, Virgil Wiebe

Pepperdine Law Review

"Little bells" refer to cluster bomblets in Serbo-Croatian. Two international tribunals recently have found defendants liable for civilian deaths caused by cluster munitions. These decisions may herald a turning point in the regulation of these weapons. In 2004, the Eritrea-Ethiopia Claims Commission held Eritrea liable for civilians killed in cluster munition strikes on Mekele, Ethiopia. On June 12, 2007, the International Criminal Tribunal for the Former Yugoslavia held the former president of the now defunct Serbian Republic of Krajina criminally liable for deaths and injuries resulting from cluster munition rocket attacks on Zagreb. Cluster bombs came back onto the world …

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

The Untouchables: Private Military Contractors' Criminal Accountability Under The Ucmj, Katherin J. Chapman

Vanderbilt Law Review

September 16, 2007 has been called Baghdad's "Bloody Sunday."' On that scorching afternoon in Baghdad, Iraq, a team of Blackwater Worldwide private military contractors slew seventeen Iraqi civilianS and wounded twenty-seven others. A Blackwater spokesperson claimed that the civilian contractors reacted in response to an attack by enemy combatants and "heroically defended American lives." Despite such claims, U.S. soldiers who arrived at the scene within twenty-five minutes found no evidence of enemy activity and characterized the event as criminal. Despite such evidence and notwithstanding four potential sources of criminal law-international law, host-nation law, U.S. civilian law, and U.S. military law-these …

Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall

Michigan Journal of International Law

This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …

Freedom Of The Press In Wartime, David A. Anderson

University of Colorado Law Review

The Press Clause of the First Amendment should be understood to require the government to permit coverage of war. Up to now, the Supreme Court has ascribed little independent significance to the Press Clause. It has protected the press under the Speech Clause when possible, and denied press claims that would require reading the Press Clause as creating rights not guaranteed to all speakers. Logistical and security concerns, however, make it impossible to give all speakers the access necessary to cover war. In all wars, the military tries to suppress news coverage that might undermine public support for the war. …

It's Time To Put The Military's Death Penalty To Sleep , Michael I. Spak

Cleveland State Law Review

Part I will focus on the death penalty in the civilian sector of the United States. It begins with a brief history of and an introduction to death penalty laws in the United States. A critical examination of the primary arguments used to justify the death penalty follows. Part I next offers a brief overview of other independent reasons for the abolition of the death penalty. After having concluded that the application of the death penalty is unfair in the civilian sector and should thus be abolished, the article will then shift its focus to the death penalty in the …

Military Law And The Charter Of Rights, Andrew D. Heard

Dalhousie Law Journal

Substantial re-evaluations of the rules ordering many facets of Canadian society have been required since the introduction of the Charter of Rights and Freedoms, both as a consequence and in anticipation of challenges in the courts. The military community in particular has been faced with extensive difficulties because of the adoption of the Charter of Rights by its parent civilian society. The dilemma the military finds itself in stems from the creation of the Charter by civilian politicians and lawyers who had the problems of a civilian society and legal system in mind; yet it applies equally to the military.' …

Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik

Vanderbilt Law Review

Constitutional Law--Criminal Procedure-Circuits Split over Application of Stone v. Powell's "Opportunity for Full and Fair Litigation"

James H. Lokey, Jr.

In Stone v. Powell,' the third 1976 decision, the Supreme Court made a limited but distinct break with precedent. Stone held that a state prisoner may not be granted federal habeas relief on the ground that evidence obtained in an unconstitutional search and seizure was introduced at his trial as long as the state has provided an "opportunity for full and fair litigation" of his fourth amendment claim." The Court, as noted previously, did not define what kind of "opportunity" …

Self-Incrimination In The Military Justice System, Randall R. Riggs

Indiana Law Journal

United States Court of Military Appeals: A Review of the 1975-76 Term.

Building A System Of Military Justice Through The All Writs Act, Michael E. Brown

Indiana Law Journal

United States Court of Military Appeals: A Review of the 1975-76 Term.

Searches And Seizures In The Military Justice System, William M. Pope

Indiana Law Journal

United States Court of Military Appeals: A Review of the 1975-76 Term.

A Rejoinder, David E. Engdahl

Indiana Law Journal

No abstract provided.

The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi

Indiana Law Journal

No abstract provided.

The New "Problem Soldier"- Dissenter In The Ranks, Howard J. De Nike

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

The New Civil Disturbance Regulations: The Threat Of Military Intervention, David E. Engdahl

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls