Tag Archives: Military Law

No Place in the Military: The Judiciary’s Failure to Compensate Victims of Military Sexual Assault & a Suggested Path Forward Using Lessons from the Prison Context

Patrie conducts a careful and detailed examination of sexual assault in the military with a review of several recent high-profile cases. She proposes a framework to enforce judicial noninterference in sensitive military affairs while also ensuring that the military does not violate servicemembers’ constitutional rights.

Should Lawyers Participate in Rigged Systems? – The Case of the Military Commissions

Lawyers often represent clients in criminal cases when the odds are long or a catastrophe likely. The facts might be harmful, the evidence overwhelming, or the law clearly on the side of the prosecution. Still, we do the best we can. But what if the system is rigged? What if the system has the trappings of a fair fight but is, in fact, skewed to one side and, by design, the lawyer cannot fully defend the client? What if the lawyer can only lend legitimacy to a process that at its core is biased, slanted in favor of the other side, or fundamentally unfair? Indeed, what if the system is rigged so as to prevent the lawyer from zealously representing the client, or if it compromises the lawyer’s undivided loyalty to the client? Should lawyers refuse to participate in such systems, or should they – should we – still do the best we can?

Blueprint for Law School Engagement with the Military

In Grutter v. Bollinger, law student amici provided significant support for the University of Michigan’s use of race as a factor in law school admissions. Although Grutter did not specifically refer to any of the briefs submitted by law students, the Court’s reliance on diversity interests echoed the students’ emphasis on the educational benefits of a diverse classroom and the instrumental benefits of a diverse legal profession. On the whole, the Court’s analysis in Grutter broke relatively little new ground, since it closely followed Justice Powell’s endorsement of diversity as a compelling interest in Regents of the University of California v. Bakke twenty-five years earlier.