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Articles 1 - 29 of 29
Full-Text Articles in Law
Federal Courts: Art. Iii(1), Art. I(8), Art. Iv(3)(2), Art. Ii(2)/I(8)(3), And Art. Ii(1) Adjudication, Laura K. Donohue, Jeremy M. Mccabe
Federal Courts: Art. Iii(1), Art. I(8), Art. Iv(3)(2), Art. Ii(2)/I(8)(3), And Art. Ii(1) Adjudication, Laura K. Donohue, Jeremy M. Mccabe
Georgetown Law Faculty Publications and Other Works
The distinction among the several types of federal courts in the United States has gone almost unremarked in the academic literature. Instead, attention focuses on Article III “constitutional” courts with occasional discussion of how they differ from what are referred to as “non-constitutional” or “legislative” courts. At best, these labels are misleading: all federal courts have a constitutional locus, and most, but not all, federal courts are brought into being via legislation. The binary approach further ignores the full range of federal courts, which are rooted in different constitutional provisions: Art. III(1), Art. I(8); Art. IV(3); Art. II(2)/I(8)(3); and Art. …
Military Justice, Charles J. Dunlap Jr.
A Military Justice Solution In Search Of A Problem: A Response To Vladeck, Geoffrey S. Corn, Chris Jenks
A Military Justice Solution In Search Of A Problem: A Response To Vladeck, Geoffrey S. Corn, Chris Jenks
Faculty Journal Articles and Book Chapters
In “Military Courts and Article III,” law professor Steve Vladeck proposes a wholesale replacement of the foundation upon which court-martial jurisdiction has stood since the inception of the United States. In an effort to provide a unifying theory grounded in international law, Professor Vladeck fails to properly distinguish the jurisdiction established by Congress to regulate the armed forces from the jurisdiction established to punish violations of the laws of war. This conflation yields confusion about military jurisdiction which ripples throughout the theory. Our response, which centers on courts-martial, argues that Professor Vladeck has offered a solution in search of a …
A Tale Of Two Judges : A Judge Advocate’S Reflections On Judge Gonzales’S Apologia, Charles J. Dunlap Jr.
A Tale Of Two Judges : A Judge Advocate’S Reflections On Judge Gonzales’S Apologia, Charles J. Dunlap Jr.
Faculty Scholarship
This is a response to - and reflection about - Judge Alberto Gonzales's essay in the Texas Tech Law Review entitled "Waging War Within the Constitution" 42 Tex. Tech. L. Rev. 843 (2010). It argues that national security law policy in an era of complex challenges is best designed when the expertise of the widest number of knowledgeable practictioners is brought to bear in a principled and fearless manner.
Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman
Prosecuting Alleged Terrorists By Military Commission: A Prudent Option, Scott L. Silliman
Faculty Scholarship
President Obama has announced that the detention facility at Guantánamo Bay will be closed by January 22, 2010. He has also said that at least some of the detainees facing criminal prosecution will be tried in military commissions. The system of military commissions established by President Bush after the 9/11 attacks, as well as the one which Congress enacted in 2006 following the Supreme Court’s Hamdan decision, were widely criticized as being unproductive and not meeting international legal standards. The Congress has, very recently, revised the rules and procedures for military commissions to make them fair, effective and much more …
Implications Of The Supreme Court’S Boumediene Decision For Detainees At Guantanamo Bay, Cuba: Hearing Before The H. Comm. On Armed Services, 110th Cong., July 30, 2008 (Statement Of Neal Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Lawfare Today: A Perspective, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad
Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad
Faculty Scholarship
No abstract provided.
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Faculty Scholarship
On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre
Faculty Scholarship
No abstract provided.
Brief Of Salim Hamdan As Amicus Curiae, Boumediene V. Bush & Al Odah V. United States, Nos. 06-1195 & 06-1196 (U.S. Aug. 24, 2007), Neal K. Katyal
Brief Of Salim Hamdan As Amicus Curiae, Boumediene V. Bush & Al Odah V. United States, Nos. 06-1195 & 06-1196 (U.S. Aug. 24, 2007), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Brief Of Legal Historians As Amici Curiae In Support Of Petitioners, Boumediene V. Bush, Nos. 06-1195, 06-1196 (U.S. Aug. 24, 2007), James Oldham
U.S. Supreme Court Briefs
No abstract provided.
Unlawful Enemy Combatants: Hearing Before The S. Comm. On Armed Services, 110th Cong., Apr. 26, 2007 (Statement Of Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Military Commissions Act And The Continued Use Of Guantanamo Bay As A Detention Facility: Hearing Before The H. Comm. On Armed Services, 110th Cong., Mar. 29, 2007 (Statement Of Professor Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
Articles
No abstract provided.
Why The Court Said No, David Cole
Why The Court Said No, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Military Commissions: Hamdan V. Rumsfeld: Testimony Before The S. Comm. On Armed Services, 109th Cong., July 19, 2006 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal
Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Brief Of Law Professors David D. Cole Et Al. As Amici Curiae Supporting Petitioner (Geneva-Enforceability), Hamdan V. Rumsfield, No. 05-184 (U.S. Jan. 6, 2006), David Cole, Julie R. O'Sullivan, Carlos Manuel Vázquez
Brief Of Law Professors David D. Cole Et Al. As Amici Curiae Supporting Petitioner (Geneva-Enforceability), Hamdan V. Rumsfield, No. 05-184 (U.S. Jan. 6, 2006), David Cole, Julie R. O'Sullivan, Carlos Manuel Vázquez
U.S. Supreme Court Briefs
No abstract provided.
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Military Commissions And Terrorist Enemy Combatants, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Reply Brief For Petitioner, Hamdan V. Rumsfeld, No. 04-702 (U.S. Jan. 03, 2005), Neal K. Katyal
Reply Brief For Petitioner, Hamdan V. Rumsfeld, No. 04-702 (U.S. Jan. 03, 2005), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Military Justice For The 1990’S: A Legal System Looking For Respect, David A. Schlueter
Military Justice For The 1990’S: A Legal System Looking For Respect, David A. Schlueter
Faculty Articles
Noting that the American military justice system is often the subject of criticism and derision, the author explores the criticisms often leveled at the military justice system and targets a number of areas where the system seems most vulnerable, such as size and composition of the courts-martial, the role of the commander in the system and offers suggestions for reform.
Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter
Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter
Faculty Articles
This article examines the statutory and judicial developments that have apparently expanded military jurisdiction. Serving as the core for this discussion is the amendment to Article 2, UCMJ, and the Court of Military Appeals’ decision in United States v. Trottier, 9 M.J. 337 (C.M.A. 1980), dealing with subject matter jurisdiction of courts-martial over drug-related offenses by service members.
The Enlistment Contract: A Uniform Approach, David A. Schlueter
The Enlistment Contract: A Uniform Approach, David A. Schlueter
Faculty Articles
The author explores the history of various jurisdictional and administrative issues that arise under consideration of a service member’s enlistment contract. He proposes a change to the Uniform Code of Military Justice to codify the constructive enlistment doctrine for establishing personal court-martial jurisdiction over service members whose enlistment contracts and entry onto active duty were facilitated by recruiter misconduct. The proposal later became part of amendment to Art. 2, U.C.M.J..
Judicial Review Of Military Determinations And The Exhaustion Of Remedies Requirement, Edward F. Sherman
Judicial Review Of Military Determinations And The Exhaustion Of Remedies Requirement, Edward F. Sherman
Articles by Maurer Faculty
No abstract provided.