Dan Maurer is Assistant Professor of Law, U.S. Military Academy at West Point, and Lieutenant Colonel, Judge Advocate General’s Corps, U.S. Army.
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Can the Russian Federation be legally removed from the United Nations? The conventional wisdom says no. This post offers a basis for saying yes.
In late 2021, Congress reformed the military justice system in a way that materially alters the traditional division of prosecutorial responsibility between nonlawyer military commanders and uniformed lawyers. Now that the dust has settled, it is important to take stock of the reforms agreed upon, and the ones left out.
The President just signed the FY 2022 NDAA bill after contentious debate throughout Congress. But what reforms does it actually make (and what does it not change at all)?
Gen. Lloyd Austin’s nomination for defense secretary has prompted many civil-military experts to criticize the pick as damaging to civilian control over the military. But the categorical assumptions the experts make are flawed.
There’s a new expert report out on potential reforms to the military justice system. The report raises some good ideas but has its flaws.
The president’s use of his Article II power to pardon war crimes raises fundamental issues of the rule of law.
Some commentators have advocated for the National Security Council staffer to be court-martialed for obeying a congressional subpoena over the objection of the executive branch. But there are a number of problems with this argument.