Army Lawyer, Issue 1 2019
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Adelaide Adelaide Law Law ReviewReview 2015 2015 Adelaide Law Review 2015 TABLETABLE OF OF CONTENTS CONTENTS ARTICLES THEArronTHE 2011 Honniball 2011 JOHN JOHN BRAY BRAY ORATIONPriv ORATIONate Political Activists and the International Law Definition of Piracy: Acting for ‘Private Ends’ 279 DavidDavid Irvine Irvine FreeFrdomeedom and and Security: Security: Maintaining Maintaining The The Balance Balance 295 295 Chris Dent Nordenfelt v Maxim-Nordenfelt: An Expanded ARTICLESARTICLES Reading 329 THETHE UNIVERSITY UNIVERSITY OF OF ADELAIDE ADELAIDE JamesTrevorJames Allan Ryan, Allan and andProtecting Time Time and and Chance the Chance Rights and and theof the ThosePrevailing Prevailing with Orthodoxy Dementia Orthodoxy in in ADELAIDEADELAIDE LAW LAW REVIEW REVIEW AnthonyBruceAnthony Baer Senanayake Senanayake Arnold ThroughLegalLegal Academia AcademiaMandatory Happeneth Happeneth Registration to Themto Them of All All — —A StudyA Study of theof the Top Top Law Law Journals Journals of Australiaof Australia and and New New Ze alandZealand 307 307 ASSOCIATIONASSOCIATION and Wendy Bonython Enduring Powers? A Comparative Analysis 355 LaurentiaDuaneLaurentia L McOstler McKessarKessar Legislati Three Three Constitutionalve Constitutional Oversight Themes of Themes a Bill in theofin theRights: High High Court Court Theof Australia:of American Australia: 1 SeptemberPerspective 1 September 2008–19 2008–19 June June 201 20010 387347347 ThanujaKimThanuja Sorensen Rodrigo Rodrigo To Unconscionable Leash Unconscionable or Not Demands to Demands Leash -
Intelligence Digest | Middle East 4-10 November 2012
Intelligence Digest | Middle East 4-10 November 2012 Afghanistan Victims and relatives to testify in trial of US soldier accused of killing 16 Afghan civilians New York Times, 9 November: T o victims and four victims' relatives ill testify Friday from Afghanistan, via videoconference and through a translator, in an overnight session of the pre-trial hearing for Staff Sgt. Robert Bales, ho allegedly murdered 16 Afghan civilians in t o villages in March. nydailyne s.com/ne s/ orld/victims-testify-afghan-massacre-case-article- 1.11,,3.0 Afghan-Pakistan meeting to discuss resuming negotiations with the Afghan aliban Express Tribune, 9 November: Afghan and Pa0istani officials ill hold tal0s in 1slamabad ne2t ee0 on restarting negotiations ith the Afghan Taliban, mar0ing Salahuddin Rabbani's first visit to Pa0istan since the 0illing of his father and predecessor as head of Afghanistan's 3igh Peace Council, Burhanuddin Rabbani. tribune.com.p0/story/463060/pa0istan-afghanistan-to-revive-tal0s- ith- taliban/ Afghanistan bomb attacks "kill 20" BBC, 8 November: At least 20 people, including 12 civilians, have been 0illed in four separate militant attac0s in Afghanistan, officials say. 5omen and children ere among 10 0illed hen a minibus hit a roadside bomb in southern 3elmand province. Other bombings 0illed five Afghan soldiers in 6aghman in the east, three police in 7andahar and t o boys in 8abul province. bbc.co.u0/ne s/ orld-asia-20248632 Afghanistan welcomes UN designation of Haqqani Network as terrorists and rules out negotiations Reuters, 6 November: Afghanistan's presidential spo0esman elcomed the :nited Nations' designation of the 3aqqani Net or0 as a terrorist organization on Tuesday, and said the government ould not negotiate ith the group. -
Left in the Dark
LEFT IN THE DARK FAILURES OF ACCOUNTABILITY FOR CIVILIAN CASUALTIES CAUSED BY INTERNATIONAL MILITARY OPERATIONS IN AFGHANISTAN Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. First published in 2014 by Amnesty International Ltd Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom © Amnesty International 2014 Index: ASA 11/006/2014 Original language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] Cover photo: Bodies of women who were killed in a September 2012 US airstrike are brought to a hospital in the Alingar district of Laghman province. © ASSOCIATED PRESS/Khalid Khan amnesty.org CONTENTS MAP OF AFGHANISTAN .......................................................................................... 6 1. SUMMARY ......................................................................................................... 7 Methodology .......................................................................................................... -
THE ADELAIDE LAW REVIEW Law.Adelaide.Edu.Au Adelaide Law Review ADVISORY BOARD
Volume 40, Number 3 THE ADELAIDE LAW REVIEW law.adelaide.edu.au Adelaide Law Review ADVISORY BOARD The Honourable Professor Catherine Branson AC QC Deputy Chancellor, The University of Adelaide; Former President, Australian Human Rights Commission; Former Justice, Federal Court of Australia Emeritus Professor William R Cornish CMG QC Emeritus Herchel Smith Professor of Intellectual Property Law, University of Cambridge His Excellency Judge James R Crawford AC SC International Court of Justice The Honourable Professor John J Doyle AC QC Former Chief Justice, Supreme Court of South Australia Professor John V Orth William Rand Kenan Jr Professor of Law, The University of North Carolina at Chapel Hill Professor Emerita Rosemary J Owens AO Former Dean, Adelaide Law School The Honourable Justice Melissa Perry Federal Court of Australia The Honourable Margaret White AO Former Justice, Supreme Court of Queensland Professor John M Williams Dame Roma Mitchell Chair of Law and Former Dean, Adelaide Law School ADELAIDE LAW REVIEW Editors Associate Professor Matthew Stubbs and Dr Michelle Lim Book Review and Comment Editor Dr Stacey Henderson Associate Editors Kyriaco Nikias and Azaara Perakath Student Editors Joshua Aikens Christian Andreotti Mitchell Brunker Peter Dalrymple Henry Materne-Smith Holly Nicholls Clare Nolan Eleanor Nolan Vincent Rocca India Short Christine Vu Kate Walsh Noel Williams Publications Officer Panita Hirunboot Volume 40 Issue 3 2019 The Adelaide Law Review is a double-blind peer reviewed journal that is published twice a year by the Adelaide Law School, The University of Adelaide. A guide for the submission of manuscripts is set out at the back of this issue. -
Shawn Cupp and Aimee Bateman, What Is Life Worth Abstract And
What is Life Worth in the United States Army Military Justice System? MAJ Aimee M. Bateman, J.D., Texas Tech School of Law CGSOC Student O. Shawn Cupp, Ph.D., Kansas State University Professor US Army Command and General Staff College ATTN: Department of Logistics and Resource Operations (DLRO) Room 2173B 100 Stimson Avenue Fort Leavenworth, KS 66027 Voice: 913.684.2983 Fax: 913.684.2927 [email protected] [email protected] Authors’ Financial Disclosure – We have no conflict of interest, including direct or indirect financial interest that is included in the materials contained or related to the subject matter of this manuscript. Disclaimer: The views and conclusions expressed in the context of this document are those of the author developed in the freedom of expression, academic environment of the US Army Command and General Staff College. They do not reflect the official position of the US Government, Department of Defense, United States Department of the Army, or the US Army Command and General Staff College. ABSTRACT What is Life Worth in the U.S. Army Military Justice System? by Aimee M. Bateman, MAJ and O. Shawn Cupp, Ph.D., (LTC, retired, US Army) This paper explores the value of human life as viewed through the lens of contemporary U.S. Army military justice, specifically the results of the U.S. Army Clemency and Parole Board (ACPB). The current operational environment and soldiers convicted of committing Article 118 (Murder) while deployed provides the bounded framework for the cases within this study. The research problem is the perceived difference in adjudication of U.S. -
University of Adelaide, Australia 13 – 20 January 2019
GATEWAY TO COMMON LAW University of Adelaide, Australia 13 – 20 January 2019 adelaide.edu.au THE UNIVERSITY OF ADELAIDE Study common law at one of the oldest universities in the Southern Hemisphere. This intensive one-week program is specifically designed for advanced undergraduate students who would like to study common law system from a comparative perspective. Taught by experienced academic staff from Adelaide Law School, Australia’s second oldest law school established in 1874, students will grasp great knowledge of various aspects of Australian legal system. COST: $1,400 AUD LECTURES & FIELD TRIPS SEMINARS WELCOMING LEARNING LUNCH MATERIALS 7 NIGHTS LIBRARY ACCOMMODATION (Single room, breakfast ACCESS and dinner included) ON-CAMPUS CERTIFICATE OF WI-FI ATTENDANCE Gateway to Common Law University of Adelaide, Australia, 13 – 20 January 2019 STUDY IN CAFÉ CULTURE Adelaide is one of Australia’s most cosmopolitan cities, with an array of cafés, restaurants and shops reflecting the diversity of its ethnic communities. Adelaide is reputed THE CENTRE OF to have more cafés and restaurants SHOPPING per head of population than any Adelaide boasts a range of other city in Australia. shopping experiences comparable to anywhere in Australia. Within the CBD, Rundle Mall ADELAIDE has the biggest concentration of department and chain stores, while within walking distance are Adelaide Law School is located in the trendy boutiques, pubs and cafés. University of Adelaide’s North Terrace Campus, in the city centre of Adelaide, capital of South Australia. Students will study in a modern campus with shining historical buildings, and within walking distance to South Australia Parliament, Museum, State Library, Art Gallery and CBD. -
Reviewer Acknowledgments
Reviewer Acknowledgments Margunn Aanestad Sameh Al-Natour Bijan Azad University of Oslo American University of Sharjah American University of Beirut Oslo, Norway Sharjah, United Arab Emirates Beirut, Lebanon Ahmed Abbasi Shoshana Altschuller Hillol Bala University of Virginia, McIntire School of Commerce Iona College Indiana University Charlottesville, Virginia New Rochelle, New York Bloomington, Indiana Alan Abrahams Catherine Anderson Sule Balkan Virginia Polytechnic Institute and State University University of Virginia Arizona State University Blacksburg, Virginia Falls Church, Virginia Tempe, Arizona Alessandro Acquisti Corey Angst Ravi Bapna Carnegie Mellon University University of Notre Dame University of Minnesota Pittsburgh, Pennsylvania Notre Dame, Indiana Minneapolis, Minnesota Ashish Agarwal Animesh Animesh Karen Barad The University of Texas at Austin McGill University University of Santa Cruz Austin, Texas Montreal, Canada Santa Cruz, California Julia Adler-Milstein Chadi Aoun Eric Barrette University of Michigan University of Technology Sydney University of Minnesota Ann Arbor, Michigan Sydney, Australia Minneapolis, Minnesota Monica Adya Sinan Aral Anitesh Barua Marquette University New York University University of Texas at Austin Milwaukee, Wisconsin New York City, New York Austin, Texas Walid Afifi Ofer Arazy Richard Baskerville University of California-Santa Barbara University of Alberta Georgia State University Santa Barbara, California Edmonton, Canada Atlanta, Georgia Ritu Agarwal Priscilla Arling Genevieve Bassellier University of Maryland Butler University McGill University College Park, Maryland Indianapolis, Indiana Montreal, Canada Leila Agha Deborah Armstrong Patrick Bateman Boston University School of Management The Florida State University Youngstown State University Boston, Massachusetts, Tallahassee, Florida Youngstown, Ohio Brad Agle Terrence August Anne Beaudry Brigham Young University University of California, San Diego Concordia University Provo, Utah San Diego, California Montreal, Canada William Agresti Robert D. -
The Adelaide Law School 1883-1983
THE ADELAIDE LAW SCHOOL 1883-1983 by Victor Allen Edgeloe Dr Edgeloe, Registrar Emeritus of the University of Adelaide, was Secretary of the Faculty of Law from 1927 to 1948, and Registrar from 1955 to 1973. Since his retirement Dr Edgeloe has written an account of the foundation and development of the Faculties of Law, Medicine and Music. His aim was, as he states in the preface, "to provide an administrator's history of the birth of the University's schools of law, medicine and music" which '%umrnarises the relevant records of the University and the relevant comments of the public press of the day". The manuscript is held in the Barr Smith Library. It shows Dr Edgeloe's love of, and devotion to, the University which he served for forty-six years. The Adelaide Law Review Association is grateful to him for permission to include his history of the Law School in this collection of essays. The Beginnings In the 1870's the Province of South Australia was a pioneering community which was expanding rapidly in numbers and in area occupied. There was a clear need for a growing body of well-trained lawyers. The existing arrangements for the training of lawyers involved simply the satisfactory completion of a five-year apprenticeship with a legal practitioner (technically designated "service in articles") and the passing of a small range of examinations conducted by the Supreme Court. University teaching in law was available in the United Kingdom and had also been established in Melbourne.' The South Australian Parliament envisaged a similar development here for it empowered the University from its foundation in 1874 to confer degrees in law and thus give the University a major role in the training of members of the legal profession within the Province. -
The Broken Promises of an All-Volunteer Military
THE BROKEN PROMISES OF AN ALL-VOLUNTEER MILITARY * Matthew Ivey “God and the soldier all men adore[.] In time of trouble—and no more, For when war is over, and all things righted, God is neglected—and the old soldier slighted.”1 “Only when the privileged classes perform military service does the country define the cause as worth young people’s blood. Only when elite youth are on the firing line do war losses become more acceptable.”2 “Non sibi sed patriae”3 INTRODUCTION In the predawn hours of March 11, 2012, Staff Sergeant Robert Bales snuck out of his American military post in Kandahar, Afghanistan, and allegedly murdered seventeen civilians and injured six others in two nearby villages in Panjwai district.4 After Bales purportedly shot or stabbed his victims, he piled their bodies and burned them.5 Bales pleaded guilty to these crimes in June 2013, which spared him the death penalty, and he was sentenced to life in prison without parole.6 How did this former high school football star, model soldier, and once-admired husband and father come to commit some of the most atrocious war crimes in United States history?7 Although there are many likely explanations for Bales’s alleged behavior, one cannot help but to * The author is a Lieutenant Commander in the United States Navy. This Article does not necessarily represent the views of the Department of Defense, the United States Navy, or any of its components. The author would like to thank Michael Adams, Jane Bestor, Thomas Brown, John Gordon, Benjamin Hernandez- Stern, Brent Johnson, Michael Klarman, Heidi Matthews, Valentina Montoya Robledo, Haley Park, and Gregory Saybolt for their helpful comments and insight on previous drafts. -
In the United States District Court for the District of Kansas
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ROBERT BALES, Petitioner, v. CASE NO. 19-3112-JWL COMMANDANT, U.S. Disciplinary Barracks, Respondent. MEMORANDUM AND ORDER This matter is a petition for habeas corpus filed under 28 U.S.C. § 2241. Petitioner is confined at the United States Disciplinary Barracks at Fort Leavenworth, Kansas. Petitioner seeks to set aside his 2013 convictions by general court-martial. Because the military courts fully and fairly reviewed all of Petitioner’s claims, the petition for habeas corpus must be denied. I. FACTUAL BACKGROUND Petitioner, a former active duty member of the United States Army, was convicted by general court-martial at Joint Base Lewis-McChord, Washington. The Army Court of Criminal Appeals (“ACCA”) summarized the underlying facts as follows: Appellant was deployed to Afghanistan and was stationed at VSP Belambay. In the early morning hours of 11 March 2012, appellant left VSP Belambay and travelled to the village of Alikozai. Appellant was armed with his M4 rifle, H&K 9 millimeter pistol, advance combat helmet with night vision device, one full magazine containing thirty 5.56mm rounds for his M4 and one magazine containing fifteen 9mm rounds for his H&K pistol. While in Alikozai, appellant killed four people by shooting them at close range, which included two elderly men, one elderly woman and one child. Appellant also assaulted six people, which included one woman and four children. 1 When appellant ran low on ammunition, he returned to VSP Belambay to obtain additional ammunition. Appellant left VSP Belambay for a second time, this time armed with his M4 rifle, 9mm H&K pistol, M320 grenade launcher with accompanying ammunition belt, night vision device and ammunition for all of his weapons. -
In the Supreme Court of the United States Robert Bales, Petitioner, V
No 17 - In The Supreme Court of the United States Robert Bales, Petitioner, v. United States, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Armed Forces PETITION FOR A WRIT OF CERTIORARI JOHN N. MAHER* KEVIN J. MIKOLASHEK DAVID G. BOLGIANO MAHER LEGAL SERVICES PC 7 EAST MAIN STREET, NUMBER 1053 ST. CHARLES, ILLINOIS 60174 [email protected] (708) 468-8155 May 16, 2018 *Counsel of Record LEGAL PRINTERS LLC, Washington DC ! 202-747-2400 ! legalprinters.com QUESTIONS PRESENTED FOR REVIEW Whether the Court of Appeals erred when it held that in a capital case, a prosecutor does not have to disclose exculpatory medical evidence in the government’s possession relating to the accused’s state-of-mind to commit 16 homicides where the United States ordered the accused to take mefloquine, a drug known by the U.S. Food and Drug Administration and the U.S. Military to cause long-lasting adverse psychiatric effects, including symptoms of psychosis that may occur years after use. Whether the Court of Appeals erred when it held that in a capital case, a prosecutor does not have to disclose mitigating impeachment evidence in the government’s possession that Afghan sentencing witnesses flown into the United States left their fingerprints on bombs and improvised explosive devices, especially where the prosecution held the Afghan witnesses out to the jury as innocent “farmers.” i PARTIES TO THE PROCEEDING AND RULE 29.6 STATEMENT Petitioner is Robert Bales, appellant below. Respondent is the United States, appellee below. Petitioner is not a corporation. -
Can Academic Freedom in Faith-Based Colleges and Universities Survive During the Era of Obergefell?
CAN ACADEMIC FREEDOM IN FAITH-BASED COLLEGES AND UNIVERSITIES SURVIVE DURING THE ERA OF OBERGEFELL? Charles J. Russo† INTRODUCTION On August 15, 1990, Saint Pope John Paul II promulgated Ex Corde Ecclesiae (“Ex Corde”),1 literally, “From the Heart of the Church,” an apostolic constitution about Roman Catholic colleges and universities. By definition, apostolic constitutions address important matters concerning the universal Church.2 Ex Corde created a tempest in a teapot for academicians by requiring Roman Catholics who serve on faculties in theology, religious studies, and/or related departments in Catholic institutions of higher education to obtain a Mandatum, or mandate, from their local bishops, essentially a license certifying the faithfulness of their teaching and writing in terms of how they present the magisterial position of the Church.3 † B.A., 1972, St. John’s University; M. Div., 1978, Seminary of the Immaculate Conception; J.D., 1983, St. John’s University; Ed.D., 1989, St. John’s University; Panzer Chair in Education and Adjunct Professor of Law, University of Dayton (U.D.). I extend my appreciation to Dr. Paul Babie, D. Phil., Professor of Law and Legal Theory, Adelaide Law School, The University of Adelaide, Australia; Dr. Suzanne E. Eckes, Professor, Professor, Department of Teacher Leadership and Policy Studies, Indiana University; Dr. Ralph Sharp, Associate Professor Emeritus, East Central University, Ada, Oklahoma; William E. Thro, General Counsel and Adjunct Professor of Law, University of Kentucky; and Professor Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, Utah, for their useful comments on drafts of the manuscript.