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Military Law

Religious Liberty in the Armed Forces - Podcast

Religious Liberties Practice Group Podcast
Michael Berry April 18, 2016

The Court of Appeals for the Armed Forces recently granted review in United States v. Sterling, in which it will address, for the first time, the nature and scope of Religious Freedom Restoration Act’s applicability within the military. Marine Corps Lance Corporal Monifa Sterling was convicted at a court-martial for refusing to remove a Bible verse she taped to her computer in her workspace. Our expert, along with former U.S. Solicitor General Paul D. Clement, serves as co-counsel for Ms. Sterling, and explained Sterling’s potential significance to religious liberty within the military. Our expert also discussed other significant and recent developments in the field of military religious liberty, such as the case of U.S. Navy chaplain Wes Modder, who faced career-ending punishment after offering pastoral counseling in accordance with his denomination’s teaching and tenets.

Featuring:

  • Michael Berry, Senior Counsel and Director of Military Affairs, First Liberty Institute

Mike Lewis Memorial Teleforum: Defining the Law of War - Podcast

International & National Security Law Practice Group Podcast
Charles J. Dunlap, Michael A. Newton, Jeremy A. Rabkin January 19, 2016

“The law of war is of fundamental importance to the Armed Forces of the United States. The law of war is part of who we are.” So begins the new U.S. Department of Defense Law of War Manual, published last June, which had not been updated for nearly 60 years. At 1180 single-spaced pages and with 6,916 footnotes, the manual would seem to be thorough and exhaustive. Our experts will critique the Department of Defense Manual. Does it provide the guidance necessary to troops on the ground, commanders, and all actors in between? How does it address modern warfare, terrorism, and asymmetrical war? How does it define lawful and unlawful belligerents? What does it say about interrogation and detention? These and other questions were addressed by our experts.

Featuring:

  • Maj. Gen. Charles Dunlap, Professor of the Practice of Law Executive Director, Center on Law, Ethics and National Security, Duke University School of Law
  • Prof. Michael A. Newton, Professor of the Practice of Law, Vanderbilt University Law School
  • Moderator: Prof. Jeremy Rabkin, Professor of Law, George Mason University School of Law

When Should America Act to Maintain International Order? - Event Audio/Video

2015 National Lawyers Convention
Colin Dueck, Benjamin H. Friedman, François-Henri Briard, Mike J. Rogers, Brian H. Hook November 18, 2015

Most would agree that the world is unsettled, with hotspots in the Middle East, North Korea, the South China Sea, and the Ukraine, to name but a few. Terrorism has complicated international relations. But exactly when, and how, should America act to maintain order? Is a muscular and expeditionary style of engagement to be favored over quiet diplomacy? Is more and faster better than less and slower? How contextual should the answers to these questions be?

International: When Should America Act to Maintain International Order?
3:30 p.m. – 5:00 p.m.
Grand Ballroom

  • Prof. Colin Dueck, Associate Professor, George Mason University School of Policy, Government, and International Affairs
  • Mr. Benjamin H. Friedman, Research Fellow in Defense and Homeland Security Studies, Cato Institute
  • Mr. François-Henri Briard, Supreme Court Attorney (France), Delaporte, Briard & Trichet
  • Hon. Mike J. Rogers, Former U.S. House of Representatives, Michigan
  • Moderator: Mr. Brian H. Hook, former Assistant Secretary of State

The Mayflower Hotel
Washington, DC

Detained Suspected Terrorists: Try in Military Courts or Civilian Courts? - Event Audio/Video

2014 Annual Student Symposium
Laura Donohue, Christopher Jenks, Peter S. Margulies, Deborah Pearlstein, A. Raymond Randolph March 25, 2014

Detained Suspected Terrorists: Try in Military Courts or Civilian Courts? - Event Audio/VideoThis panel will address the ongoing debate regarding trying, convicting and punishing suspected terrorists. Should military tribunals be abandoned in favor of trying individuals in Article III courts? A mere seven individuals held in Guantanamo Bay have been tried and convicted by military commissions, while DOJ reports that more than 500 individuals have been convicted of terrorism related offenses. What has prevented the trial of suspected terrorists held in Guantanamo Bay? Should military commissions for suspected terrorists and other enemies be abandoned or do they serve a valuable function?

The University of Florida Student Chapter hosted this panel discussion during the 2014 Annual Student Symposium on Saturday, March 8, 2014.

Panel 2: “DETAINED SUSPECTED TERRORISTS: TRY IN MILITARY COURTS OR CIVILIAN COURTS?”
1:45 – 3:30 p.m.
J. Wayne Reitz Union

  • Prof. Laura Donohue, Professor of Law Georgetown University Law Center
  • Prof. Christopher Jenks, Director of the Criminal Justice Clinic and Assistant Professor of Law, Southern Methodist University Dedman School of Law
  • Prof. Peter S. Margulies, Professor of Law, Roger Williams University School of Law
  • Prof. Deborah Pearlstein, Assistant Professor of Law, Benjamin N. Cardozo School of Law
  • Moderator: Hon. A. Raymond Randolph, U.S. Court of Appeals, DC Circuit

University of Florida Levin College of Law
Gainesville, FL

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National Security, the U.N., and the Extraterritorial Application of Treaties - Podcast

International & National Security Law Practice Group Podcast
Peter S. Margulies, C. Nicholas Rostow, Edwin D. Williamson March 20, 2014

United Nations

The United States Government has consistently interpreted the International Covenant on Civil and Political Rights and other key treaties as not applying to its actions outside the U.S. It is in the process of explaining that interpretation to a United Nations monitoring panel, which disagrees. This process has potential implications for both the fight against terrorists and intelligence gathering. What should the U.S. position be?

Featuring:

  • Prof. Peter S. Margulies, Professor of Law, Roger Williams University School of Law
  • Dr. C. Nicholas Rostow, Director, Center for Strategic Research, National Defense University, and Senior Research Scholar in Law, Yale Law School
  • Hon. Edwin D. Williamson, Of Counsel, Sullivan & Cromwell LLP

[Listen now!]