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HANDOUTS

from

THE
2022 CONTINUING LEGAL EDUCATION
AND
TRAINING PROGRAM

of the

UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES

March 9-10, 2022

American University, Washington College of Law,
Claudio Grossman Hall
4300 Nebraska Avenue, NW
Washington, D.C. 20016

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(updated 3/11/22)

Wednesday, March 9, 2022

Army Lawyers in World War I:  Challenges and Lessons
Frederic L. Borch, III, U.S. Army Judge Advocate General's Corps,
Regimental Historian and Archivist

Written Material
Fred L. Borch III, Judge Advocates in the Great War 1917-1922 xiii-xv (2021)

The Judicial Council 1949-1951 and Justice was a Casualty of War: A Vietnam War Crime
Frederic L. Borch, III, U.S. Army Judge Advocate General's Corps,
Regimental Historian and Archivist

Written Materials
Ernest M. Brannon, The First Year of the Judicial Council, 4 Judge Advoc. J. 7 (1950)
Fred L. Borch III, Justice Was a "Casualty of War": A Kidnapping, Rape, and Murder in Vietnam,
Army Law., Issue 4, at 12 (2021)

M.R.E. 413 Five Years after United States v. Hills
Major Steve Dray, TJAGLCS Criminal Law Faculty
Lieutenant Colonel Dave Segraves, TJAGLCS Criminal Law Faculty

Written Material
M.R.E. 413 Five Years after United States v. Hills (March 2022)

International Law Implications of the U.S. Departure from Afghanistan
Professor Eric T. Jensen, Brigham Young University, J. Reuben Clark Law School
Professor Geoffrey S. Corn, South Texas College of Law

Written Materials
Geoffrey S. Corn, Autonomous Weapons Systems: Managing the Inevitability of 'Taking the Man Out of the Loop,' in Autonomous Weapons Systems (nehal Bhuta, et al. eds. 2016)
Geoffrey S. Corn, Drone Warfare and the Erosion of Traditional Limits on War Powers, in Reserach Handbook on Remote Warfare (Jens David Ohlin ed., 2017)
Eric T. Jensen, Future Law, Future War, 22 Minn. J. Int'l. L. 282 (2013)
Eric T. Jensen, Guantanamo and the End of Hostilities, 37 S. Ill. Univ. L. J. 491 (2013)
Authorization for Use of Military Force (AUMF), Pub. L. No. 107-40, 115 Stat. 224 (2001)
Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir 2010)
Al-Bihani v. Obama, 619 F.3d 1 (D.C. Cir 2010)

Unsworn Victim Statements: How Impactful are They?
Professor Elizabeth L. "Liz" Lippy, Temple Law School

Written Materials
David A. Schlueter, Military Criminal Justice: Practice and Procedure § 16-6 (10th ed. 2018)
United States v. Barker, 77 M.J. 377 (C.A.A.F. 2018)
United States v. Tyler, 81 M.J. 108 (C.A.A.F. 2021)
Rule for Courts-Martial (R.C.M.) 1001

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Thursday, March 10, 2022

Historical Development of the Harmless Error Rule
Dean Roger A. Fairfax, Jr.
The American University Washington College of Law

Written Material
Roger A. Fairfax Jr., A Fair Trial, Not a Perfect One: The Early Twentieth-Century Campaign for the Harmless Error Rule, 93 Marq. L. Rev. 433 (2009)

Recent Legislative Developments
Professor David A. Schlueter, St. Mary's School of Law
Associate Dean Lisa Schenck, The George Washington University Law School

Written Material
Recent Legislative Developments: The 2022 National Defense Authorization Act (July 2022)

Artificial Intelligence for Judges
Hon. James E. Baker, Senior Judge, U.S. Court of Appeals for the Armed Forces;
Professor, Syracuse University College of Law and the Maxwell School of
Citizenship & Public Affairs; and Director, Institute for National Security and Counterterrorism

Written Material
James E. Baker, Laurie N. Hobart & Matthew G. Mittelsteadt, AI for Judges: A Framework,
Ctr. for Sec. & Emerging Tech., Dec. 2021

Hamdan v. Rumsfeld and the Legal Justifications for Global Targeting
Colonel Winston Williams, Professor and Head of the Department of Law,
U.S. Military Academy

Written Material
Shane Reeves, Winston Williams, & Amy H. McCarthy, How Do You Like Me Now? Hamdan v. Rumsfeld and the Legal Justifications for Global Targeting, 41 U. PA. J. Int'l L. 329 (2019)

Electronic Communications & Social Media: Ethical Considerations
for Attorneys & Judges
Martin Mitchell
Senior Commissioner to the Honorable Judge Kevin A. Ohlson,
U.S. Court of Appeals for the Armed Forces

Written Material
Electronic Communications & Social Media: Ethical Considerations for Attorneys and Judges (Feb. 2022)

Judicial Disqualification: When is it your duty to step away?
Martin Mitchell
Senior Commissioner to the Honorable Judge Kevin A. Ohlson,
U.S. Court of Appeals for the Armed Forces

Written Material
Judicial Disqualification (Feb. 2022)