Courts Martial
18 Articles
Some Reforms to Consider as the Uniform Code of Military Justice Turns 75 This Spring
The UCMJ's 75-year mark is an auspicious time to consider reforms that would dramatically alter the system President Truman signed into law.
The U.S. Military Moves Closer to Just Military Justice – But More Work Remains
Reforms that just took effect at the end of 2023 mark an important step in the right direction, but further reforms – and careful attention to how they are implemented – will…
The Military Justice Provisions of the National Defense Authorization Act for Fiscal Year 2024: Better Late Than Never
Top expert on military justice explains key new provisions in law Congress just passed, and what's missing. National Defense Authorization Act of 2024 (NDAA).
The House Closed a Key Loophole in Court-Martial Appeals. Will the Senate Follow?
The Senate should support the draft NDAA section that finally drops unfair limitations on GI access to the United States' highest court.
The Military Justice Provisions of the National Defense Authorization Act for Fiscal Year 2023
"There’s bad news and good news" for military justice reform and "a wake-up call for all the players to put on their long-range thinking caps."
What To Do About Lt. General (retired) Flynn: Military Justice and Civil-Military Relations Considerations
Flynn's recent conduct has raised new questions about retiree court-martial jurisdiction. Yevgeny Vindman and Dan Maurer make the legal and policy argument for a court-martial.…
Getting Real About General Flynn
At a rally in Dallas on May 30, 2021, retired U.S. Army Lieutenant General Michael T. Flynn put his foot in his mouth. Again. This time his offense was a comment in response to…
Military Personnel and the Putsch at the U.S. Capitol
If active duty, reserve, retired, or former military personnel participated in the Jan. 6 Capitol attack, how should they be held accountable? Courts martial may be available for…
Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition
In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Jurisdiction at Guantanamo: The Case of Long-Term Complicity
The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness
Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?
According to a provocative new amicus brief filed by the Hoover Institution’s Adam White and UVA Law Professor Aditya Bamzai in opposition to certiorari in Akbar v. United…