Category Archives: Laws of War

national security

The Implications of Trying National Security Cases in Article III Courts

The Honorable Lewis A. Kaplan draws on his voluminous experience on the federal bench to illuminate some of the special concerns that attend terrorism and national security cases. Kaplan reviews several judicial challenges unique to terrorism cases, including classified information issues and the use of defendants’ statements in the course of prosecution. He concludes that Article III courts not only are capable of trying such cases, but they are the forum most consistent with our American values of fairness and transparency.

drone

Dawn of the Intercontinental Sniper: The Drone’s Cascading Contribution to the Modern Battlefield’s Complexity

Stephen L. Schooner and Nathaniel E. Castellano review Richard Whittle’s Predator: The Secret Origins of the Drone Revolution. The authors highlight the cast of quirky characters that drive the narrative element of Whittle’s book while recounting the ethical dilemmas, national security issues, and bureaucratic challenges that attend one of the nation’s most successful weapons development programs. The authors conclude with an enthusiastic endorsement of the book regardless of the reader’s expertise in military affairs.

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