Articles Posted in Worth the Read

For those interested in the history of the Constitution and its judicial interpretation, the George Washington Law Review has a: COMMEMORATING THE 100TH ANNIVERSARY OF FARRAND’S RECORDS OF THE FEDERAL CONVENTION edition. Volume 80, No. 5, includes: A Dialogue on Statutory and Constitutional Interpretation The Honorable Antonin Scalia & John F. Manning 80 GEO. WASH.…

h/t to Prof. Berman TG. The title of this post is the headline of this new New York Times segment of its series “Room for Debate.” The NY Timesbrought together five leading lights to comment on this question (all of whom appear to supply variations on the answer “Yes”). Here is how the segment sets…

The Inspector Rutledge detective stories are a favorite of mine. To quote an Amazon review: [T]he books are set in the period just after the First World War, and Inspector Rutledge is a veteran of said conflict. Even more unique, he’s haunted by the ghost of one of his subordinates, a corporal whom Rutledge had…

James Gow, War and War Crimes: Military, Legitimacy and Success in Armed Conflict, Coumbia Univ. Press, Dec. 2011. Necessity and proportionality inform the laws of war, but how do these principles work in modern warfare? What new pressures do the practitioners of war face, especially in light of rapid changes in strategy and policy and…

Do you remember Marine Captain Zander? A distinguished graduate of the Naval Justice School, and having participated in reviewing about 200 of his ROT’s a pretty good trial lawyer viewed against his contemporaries. I posted about his activities in 2009, “I’ve been Zandered! Who remembers that name?” Well he’s back – in court. Deseret News…

Revising Harmless Error: Making Innocence Relevant to Direct Appeals Helen A. Anderson University of Washington – School of Law October 27, 2010 Abstract: The direct appeal of a convicted defendant is almost never concerned with actual innocence. The system seems to privilege procedural claims, and it is extremely difficult, if not impossible, to get an…

Not completely off topic, the Army Times reports: Soldiers are dangerously starving themselves, gobbling diet pills and laxatives — even going under the knife in costly liposuction surgery — all to meet the Army’s weight standards and avoid losing their careers.

Everyone remembers Pierce and Pierce credit – right. DMLHS at CasaCAAFLog has found this interesting opinion from the federal district court. This case is before the court on defendant’s motion to dismiss (no. 6). At issue is whether the United States government, consistent with the constitutional requirement of due process, may prosecute a military servicemember…

Now available: Command Influence: A story of Korea and the politics of injustice, Robert A Shaines Robert A. Shaines today announced the release of Command Influence, A Story of Korea and the Politics of Injustice, published by Outskirts Press. Shaines’ fascinating peek into this less than honorable moment in American history shows not only the…

Here is an interesting read. Kathrine J. Chapman, The Untouchables: Private Military Contractors’ Criminal Accountability under the UCMJ, 63 VANDERBILT L. REV. 1047 (2010). The author argues that: PMCs must be held accountable for their criminal actions, not merely to provide personal justice for those injured by their crimes, but also for the strategic objectives…