Книга: Eugene R. Fidell «Military Justice»

Military Justice

Серия: "A Very Short Introduction"

Few subjects are as important, fast-moving, and little-understood as military justice. This book presents an accessible and honest assessment of the strengths and weaknesses of military justice in both common law countries and those with other legal traditions, with particular emphasis on the US, UK, and Canada. The military is the rare part of contemporary society that enjoys the privilege of policing the behavior of its own members, with special courts and a separate body of rules. In many respects-what conduct is criminal, who decides which cases should be prosecuted, how is the jury picked, and how judicial independence is protected-military justice differs dramatically from the civilian model. This book illustrates the US military justice system through a comparative view of civilian and foreign models for the administration of justice. Eugene R. Fidell draws on his experience as a serving officer, private practitioner, and law teacher to present a hard-hitting tour of the field, exploring military justice trends across different countries and what steps should be taken to comply with contemporary human rights standards. He analyzes critical issues, including the response to sexual assault in the armed forces, the challenges of protecting judicial independence, and the effect of social media and modern technology on age-old traditions of military discipline. Military Justice: A Very Short Introduction traces the past and recent trajectory of military justice and identifies future developments, providing a better understanding of the high-profile and occasionally strange military cases that emerge from today's military operations around the world.

Издательство: "Oxford University Press" (2016)

Eugene R. Fidell

Eugene R. Fidell (born March 31, 1945) is an American lawyer and notable expert in military law.cite web
url=http://www.feldesmantucker.com/Bio/EugeneFidell.asp
title=Eugene R. Fidell
publisher=Feldesman Tucker Liefer Fidell llp
accessdate=2007-11-19
]

Education

Military service

Current practice

Fidell is a senior partner with Feldesman Tucker Leifer Fidell llp. He joined the firm in 1984.He is also asked to serve as a commentator on military law on TV.Since 2006 he has been an Adjunct Professor at Washington College of Law. He has been a visiting lecturer at Harvard Law School and Yale Law School. Fidell is currently the President of the National Institute of Military Justice.

Guantanamo

Fidell has been a critic of the Bush Presidency's policy on captives taken in the "war on terror".cite news
url=http://www.au.af.mil/au/awc/awcgate/law/mil-commiss-law.pdf
title=Military Commission Law
publisher=The Army Lawyer
author=Eugene R. Fidell, Dwight H. Sullivan, Detlev F. Vagts
date=December 2005
accessdate=2007-11-10
format=PDF
]

Commenting on District Court Justice Joyce Hens Green's analysis of the classified dossiers prepared for captive's Combatant Status Review Tribunals Fidell saidcite news
url=http://www.washingtonpost.com/ac2/wp-dyn/A3868-2005Mar26?language=printer
title=Panel Ignored Evidence on Detainee
page=
pages=A01
publisher=Washington Post
author=Carol D. Leonnig
date=March 27, 2005
accessdate=2008-01-20
] :quotation
"It suggests the procedure is a sham, If a case like that can get through, what it means is that the merest scintilla of evidence against someone would carry the day for the government, even if there's a mountain of evidence on the other side."

Clark Hoyt, or the "New York Times" described Fidell holding back in participating in preparing a brief submitted to the Supreme Court on behalf of National Institute of Military Justice and the Bar Association of the District of Columbia because of the concern it would be considered a conflict of interest, since his wife journalist Linda Greenhouse was covering the case.cite news
url=http://www.nytimes.com/2008/01/20/opinion/20pubed.html?ref=opinion&pagewanted=all
title=Public and Private Lives, Intersecting
publisher=New York Times
author=Clark Hoyt
date=January 20, 2008
accessdate=2008-01-18
]

"Slate magazine" published an article written by Emily Bazelon and Dahlia Lithwick, criticizing the "New York Times" for failing to show more support for their employee.cite news
url=http://www.slate.com/id/2182077/
title=Lay Off Linda: Why doesn't the New York Times stand up for Linda Greenhouse?
publisher=Slate magazine
author=Emily Bazelon, Dahlia Lithwick
date= January 22, 2008
accessdate=2008-01-25
quote=Whelan didn't point to any concrete problem with Greenhouse's handling of these cases. That should be easier to do than with almost any other reporter, given that Greenhouse relies primarily on court filings and oral arguments that are publicly available in their entirety, as Yale law professor Judith Resnik points out to us. Unable to point to any actual bias, Whelan resorts to the petulant claim that the effect of Fidell's involvement in the detainee cases 'would be impossible to separate … from the broader political bias that pervades so much of Greenhouse's reporting.'
] According to Bazelon and Lithwick the main critic of Greenhouse covering stories where her husband Fidell has a role is M. Edward Whelan III of the "National Review. They wrote: quotation|Unable to point to any actual bias, Whelan resorts to the petulant claim that the effect of Fidell's involvement in the detainee cases "would be impossible to separate … from the broader political bias that pervades so much of Greenhouse's reporting."

Publications

*cite paper
title=Evolving Military Justice,
author=Eugene R. Fidell
publisher=Naval Institute Press
year=2002

*cite paper
title=Guide to the Rules of Practice and Procedure for the United States Court of Appeals for the Armed Forces
author=Eugene R. Fidell
year=2006

*cite paper
title=Annotated Guide: Procedures for Trials by Military Commissions of Certain Non-United States Citizens in the War Against Terrorism
author=Eugene R. Fidell
publisher=LexisNexis
year=2002

*cite paper
title=Military Commission Instructions Sourcebooks
author=Eugene R. Fidell
publisher=LexisNexis
date=2003-04

*cite paper
title=Military Justice: Cases and Materials
author=Eugene R. Fidell, Elizabeth L. Hillman, Dwight H. Sullivan
publisher=LexisNexis
year=2007

References

Источник: Eugene R. Fidell

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См. также в других словарях:

  • Military justice — This article is about legal jurisdiction over military personnel. For military jurisdiction over civilians, see martial law. Military commission redirects here. For the commissioning of an officer, see Officer (armed forces). For the history of… …   Wikipedia

  • military justice — See Code of Military Justice Court Martial Court of Military Appeals …   Black's law dictionary

  • military justice — See Code of Military Justice Court Martial Court of Military Appeals …   Black's law dictionary

  • Military Justice Code — See Code of Military Justice …   Ballentine's law dictionary

  • military justice — legal system and procedures used in the military; judge in military court …   English contemporary dictionary

  • military justice law — laws which determine the methods for military trials …   English contemporary dictionary

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