Courts Martial

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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…
Just Security

Recap of Recent Posts on Just Security (May 14–20)

I. Guantánamo & ISIL Detainees Steve Vladeck, Can Detainees Plead Their Way Out of Guantánamo? (Tuesday, May 17) Jonathan Horowitz, The US’ Failure to Plan for ISIL…
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A Supplement to Steve Vladeck’s Assessment of the Supreme Court’s Treatment of Courts-Martial

Professor Steve Vladeck recently published an interesting analysis of the Supreme Court’s “troubling neglect of courts-martial,” and I agree with most of what he puts forth.…
Just Security

The Supreme Court’s Troubling Neglect of Courts-Martial

Later this year, the Supreme Court will decide whether to take up the case of Akbar v. United States — in which the Petitioner is seeking review of a capital court-martial…
Just Security

Military Justice and Its Reform

Congress is examining a significant Obama administration legislative proposal concerning military justice. The proposal provides an occasion to think not only about what ought…
Just Security

McCain’s Hearing Threat and the Bergdahl Court-Martial

Last month, Sen. John McCain (R-Ariz.), chair of the Senate Armed Services Committee, stated his opinion that Army Sgt. Bowe Bergdahl, who is currently facing charges before a…
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The Alarming Gaps in Military Appellate Review

We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
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