Several years ago, Beth Van Schaack highlighted a gap in U.S. law regarding atrocity crimes. Although well established in international criminal law as well as other areas of U.S. law, Title 18 of the U.S. Code lacks command responsibility as a mode of criminal responsibility. Following the issuance of pardons by President…
04122020–UP PERISCOPE
That means the change will likely come to the MRE effective 18 months from now absent action by the Prez. See MRE 1102. The defense will no longer be required to make a demand for notice—prosecution must disclose regardless of a request! Most importantly, the notice requires more than the…
Courtesy of Global Military Justice Reform blog. The Conference Report for the proposed William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 is now out and can be found here. Readers will want to look in particular at § 542, which imposes a 12-years-of-law-practice qualification for judges of the…
Click to access CRPT-116hrpt617.pdf
https://www.mcclatchydc.com/article247506295.html?utm_source=Sailthru&utm_medium=email&utm_campaign=EBB%2012.01.20&utm_term=Editorial%20-%20Early%20Bird%20Brief Should a federal law that protects National Guard members and reservists from being fired from their private sector jobs while they are deployed also apply to state government jobs? Last week, the U.S. Supreme Court hinted it might weigh in on the issue. The U.S. Supreme Court last Tuesday…
Certain retirees are not subject to court-martial jurisdiction, so says Judge Richard J. Leon of the United States District Court for the District of Columbia in Larrabee v. Braithwaite. We should anticipate the circuit court and the Supreme Court will get to tell us their view. After briefing and oral…
Breaker Morant—who has not heard of him, especially for those attending NJS after the 1980’s film Breaker Morant was released. The Sydney Morning Herald (Aust.) has a book review, Peter Fitzsimmons, Breaker Morant. Hachette (2020). Hero, scapegoat, or villain—you decide. The subject of Peter FitzSimons’ latest work is Harry ‘‘Breaker’’…
My weekly “review” is here https://www.caaflog.org/home/up-periscope4418984
Worth the Read, Doug Stout, Veterans column: Newark’s Scott found guilty of mutiny. Newark Advocate. United States v. Scott is due to be argued before the Court of Appeals for the Armed Forces pm 17 November 2020. The issue is whether Appellant’s trial defense counsel were ineffective by failing to…