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HANDOUTS

from

THE
2024 CONTINUING LEGAL EDUCATION
AND
TRAINING PROGRAM

of the

UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES

May 15-16, 2024

George Mason University
Antonin Scalia Law School
Van Metre Hall
3351 Fairfax Drive
Arlington, VA 22201


(updated 6/5/24)

Wednesday, May 15, 2024

To Hate and Kill: War Crimes and the Limits of Military Justice in the
U.S. Army in the Second World War
(SLIDES)
Dr. Benjamin M. Schneider,
Assistant Professor, Department of Military History,
U.S. Army Command and General Staff College


Written Material
Benjamin M. Schneider, Making Killers: Hate Training
and the US Army's War in Europe, 1942-5
,
Journal of Contemporary History (2020)

Jurisdiction Options for Adjudicating the Russian Crime
of Aggression in Invading Ukraine
(SLIDES)
Mr. Robert Monahan,
Captain, JAGC, U.S. Navy (Retired);
Commissioner to the Honorable Kevin A. Ohlson,
U.S. Court of Appeals for the Armed Forces, and
Ms. Deborah S. Mayer,
Captain, JAGC, U.S. Navy (Retired);
Former Prosecutor, Special Prosecutor's Office, Kosovo Specialist Chambers

Written Materials
Brief, Jurisdiction Options for Adjudicating the Russian Crime
of Aggression in Invading Ukraine
(May 2024)

Military Sentencing Under a New Paradigm:
Parameter and Criteria Offenses
(SLIDES)
Captain Stephen C. Reyes,
JAGC, USN, Chief Trial Judge, Navy-Marine Corps Trial Judiciary, and
Chair, Sentencing Parameter and Criteria Board

Written Materials
Outline, Military Sentencing Under a New Paradigm:
Parameter and Criteria Offenses
(2024)

DoD Use of CODIS: Overbroad, Misuse, or Necessary Law? (SLIDES)
Lieutenant Colonel Christopher Goewert,
U.S. Air Force, and
Major Ryan Farrell,
Trial Attorney, Federal Defenders of Eastern Washington and Idaho;
California Air National Guard

Written Material
Farrell and Goewert, Virtue Lies in Moderation: the Department of Defense's
Overbroad DNA Crimianl Indexing System
,
228 Military Law Review 421 (2020)

Normative Words and the Fundamental Limits of Rape Law Reform (SLIDES)
Professor Eric R. Carpenter,
Professor of Law, Florida International University

Written Material
Eric R. Carpenter, Ingrid Gonzalez, Stephanie Garcia, and Gabriel J. Odom,
The Effect of Changing the Military's Sexual Assault Laws on Law Enforcement Investigative Findings in the U.S. Army, 46 Law and Human Behavior 313 (2022)
Eric R. Carpenter, Normative Words and the Fundamental Limits of Rape Law Reform,
74 South Carolina Law Review 351 (2022)

Confrontation and Multiple Analysts (SLIDES)
Professor Paul F. Rothstein,
Carmack Waterhouse Professor of Law, Georgetown Law, and
Adjunct Professor Ronald J. Coleman,
Georgetown Law,
Visiting Fellow, Information Society Project, Yale Law School

Written Materials
Paul Rothstein and Ronald J. Coleman, Confrontation's Multi-Analyst Problem,
9 Texas A&M Law Review 165 (2021)

Corpus Linguistics as an Interpretative Tool
Professor Jennifer Mascott,
Assistant Professor of Law, Antonin Scalia Law School;
Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State

Written Materials
Jennifer Mascott, Who Are "Officers of the United States"?,
70 Stanford Law Review 443 (2018)


Thursday, March 16, 2024

How the United States Government Handles American Citizens
in Combat Zones
(SLIDES)
Lieutenant Colonel Caitlin Chiaramonte,
United States Army; Academy Professor, United States Military Academy West Point, and
Lieutenant Colonel Marc Zelnick,
United States Army;

Written Materials
Outline, How does the United States Government Handle American Citizens
in Combat Zones?
(2024)

The Evolving Legal Landscape of Image-Based Sexual Abuse (SLIDES)
Dr. Mary Ann Franks,
Eugene L. and Barbara A. Bernard Professor in Intellectual Property,
Technology, and Civil Rights Law at George Washington Law School;
President and Legislative and Tech Policy Director of the Cyber Civil Rights Initiative

Written Materials
Mary Anne Franks, Redefining "Revenge Porn" Reform: A View From the Front Lines,
69 Florida Law Review 1251 (2017)

A New Era of Military Justice
The Honorable Caroline D. Krass,
General Counsel of the Department of Defense

Written Material
Brief, A New Era of Military Justice (May 2024)

Who Sits in Judgment? Exploring the Race, Ethnicity, and
Gender of Military Panels
(SLIDES)
Ms. Martha Bashford,
Manhattan District Attorney's Office, (Retired);
Fellow, American Academy of Forensic Sciences and American College of Trial Lawyers,
Dr. William Wells,
Department of Criminal Justice and Criminology, Sam Houston State University;
Criminologist, Defense Advisory Committee on the Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces, and
Kate Tagert,
Attorney-advisor, Defense Advisory Committee on the Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces

Written Material
Brief, Study of the Race, Ethnicity, and Gender of Military Panel Members (2024)

Ethics of Using Artificial Intelligence in Litigation (SLIDES)
The Honorable Martin Mitchell,
Veterans Law Judge, Board of Veterans' Appeals

Written Material
Brief, The Legal Ethics of AI for Judges & Attorneys or
I'm Sorry Pal, You Just Shouldn't Do That
(May 2024)

Ethics of Gifts to Judges and Financial Disclosures (SLIDES)
The Honorable Martin Mitchell,
Veterans Law Judge, Board of Veterans' Appeals

Written Material
Brief, Gift or Grifts: Judicial Ethics Limitations (May 2024)

 

 
United States Court of Appeals for the Armed Forces • 450 E Street, NW Washington, DC 20442-0001
(202) 761-1448 / DSN 763-1448 • (202) 761-4672 fax