Faculty Blog, Hansen

The Evolution of Military Justice Continues

Those who are interested in national security law and military justice should take note that the most significant changes to the U.S. military justice system in almost 70 years will soon go into effect.  We have not seen change on this scale since the adoption of the Uniform Code of Military Justice (UCMJ) in 1951.… Continue reading The Evolution of Military Justice Continues

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Contributing Author Profile: Steven Gariepy

Contributing Editor: Robin Craig
In today’s ever-changing environment, it is important to understand the interconnectedness of military and civilian life, the role law has in governing the use of military force, and how the U.S. government seeks to reduce civilian casualties in active combat environments. Having been deployed in Afghanistan, Lieutenant Colonel Steven Gariepy draws on his first-hand military experience to confront these issues and how the U.S., and its NATO allies, address the legal and humanitarian complications related with military action. Presenting on topics, including “International Humanitarian Law in Practice” and “Mitigating Civilian Casualties in Afghanistan: The Applicability of International Human Rights Law during Military Operations,” Lieutenant Colonel Gariepy applies practical knowledge and experience to complex, multi-layered issues in a manner his audience can understand.

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Contributing Author Profile: Elizabeth Hillman

Contributing Editor: Justin Amos
Elizabeth L. Hillman currently serves as Provost of UC Hastings College of Law, where she teaches courses in Constitutional Law, Wills & Trusts, and Military Law. She has, over her career, amassed a wealth of expertise in military justice, constitutional law, and gender and equality in the law. A graduate of Duke University, Provost Hillman served as a space operations officer and orbital analyst in the United States Air Force. Prior to joining the UC Hastings faculty in 2007, Provost Hillman taught at the Air Force Academy, Yale University, and Rutgers University School of Law at Camden. She became Provost at UC Hastings in 2013. Provost Hillman’s scholarship spans such topics as military law, history, and culture. She has published two books, Military Justice Cases and Materials (2d ed. 2012, LexisNexis, with Eugene R. Fidell and Dwight H. Sullivan) and Defending America: Military Culture and the Cold War Court-Martial (Princeton University Press, 2005), as well as numerous articles, chapters, and reports. She has also testified as an expert witness at trial, before Congressional committees, and before the U.S. Commission on Civil Rights.

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Contributing Author Profile: Rachel VanLandingham

Contributing Editor: Kathleen Frain Brekka
Rachel VanLandingham – professor, author, and former member of the U.S. Armed Forces – will present her article "Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weakness In A Special Society" at the New England Law Review’s Fall Symposium on Thursday, October 8, 2015 at 4:30 p.m. During her presentation, she will discuss the teleology of the military justice system, specifically addressing why non-lawyer commanders make prosecutorial decisions, and highlighting why such a system should be improved by keeping senior commanders as decision-makers while creating a more equal role for military attorneys, as well by adding other transparency and accountability measures. Rachel VanLandingham earned her B.S. in Political Science from the U.S. Air Force Academy, her M.P.M. with a National Security emphasis from the University of Maryland, College Park, her J.D. from the University of Texas, Austin (high honors), and her LL.M from the U.S. Army’s Judge Advocate General’s Legal Center and School (Commandant’s List).

Command Responsibility, Contributor Profile, Editor Blog, Military Jurisdiction, Military Justice, Military Law

Contributing Author Profile: James Gallagher

Contributing Editor: Kasey Emmons
James (“Jim”) Gallagher began his legal career as an Officer and Judge Advocate for the United States Marine Corps: serving as prosecutor, defense counsel, and Special Assistant U.S. Attorney for the District of Hawaii. From 2006 through 2009, Jim was involved in the prosecution and defense of more than 100 courts-martial. In 2008, Jim deployed to Karmah, Iraq as the Battalion Judge Advocate with 2d Battalion, 3d Marines in support of Operation Iraqi Freedom. In this role, Jim was the legal advisor to the Battalion’s Commanding Officer advising him on issues involving international law, rules of engagement, and laws of war. Jim was also responsible for monitoring detainee operations, military justice, investigations, claims adjudication for the Battalion and serving as a liaison to local Iraqi judicial figures. Jim now practices at Davis, Malm & D’Agostine, P.C. in Boston. Jim’s practice encompasses advising individuals and businesses on a wide variety of business, employment and litigation issues. Jim represents clients in these issues in both state and federal courts and in front of multiple administrative bodies.

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NELR Happenings: Sexual Violence in the U.S. Military: Discipline, Justice, and Command — Fall 2015 Symposium

Join the New England Law Review for our fall paper symposium on October 8th at 4:30 p.m. in the Cherry Room at New England Law | Boston. It will showcase Professor Rachel VanLandingham’s article “Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society.” She will discuss why military commanders should be removed from the prosecutorial chain, as this position constitutes an unethical practice of law, and further discuss the collateral consequences of such a removal. She also will consider how problems associated with prosecutorial discretion can be potentially magnified in the military, the unique aspects of commander-owned prosecutorial discretion, and the insufficient checks and balances currently in place. The symposium will feature Professor VanLandingham, a Visiting Scholar from Southwestern Law School, as our keynote speaker, as well as feedback and commentary from a panel of prominent legal voices, including:

  • Associate Dean Victor Hansen, New England Law | Boston
  • Provost Elizabeth Hillman, UC Hastings College of Law
  • Adjunct Professor James Gallagher, Suffolk University Law School
For more information, visit our symposium page here. You can also join our Facebook event page. We look forward to seeing you there!