Congress Gets to Check the President – That’s What the Framers Had in Mind, New England Law Review Forum (2021)
U.S. Military Renews Effort To Root Out Extremists Following Deadly Capitol Riot, The Wilmington Journal (2021)
We Need a 1/6 Commission, Jurist (2021)
Key allies watching closely to see how Canada handles sexual misconduct claims against Vance, McDonald, CBC (2021)
Do Military Courts Play a Role in the Wake of January 6?, PBS (2021)
Article II should not be a blank check for the president, The Hill (2021)
Hays Parks and the Doctrine of Command Responsibility, Articles of War (2021)
25 Investigates: The Murder of Amanda Dabrowski, (2020)
Deploying Federal Officers to Local Protests: Can the President Send Agents to New England?, (2020)
‘We got nothing from the Army’: Grieving family of Brockton soldier demands answers, Boston Globe (2020)
Justices to Hear First #MeToo-Era Assault Case from Military, Bloomberg Law (2020)
In the Matter of a Grand Jury Investigation, 485 Mass. 641 (2020), Boston Bar Journal (2020)
The House as Prosecutor: Speaker Pelosi on Impeachment After the Mueller Report, The National Law Journal (2019) (with Lawrence Friedman)
9/11 families still waiting on justice for Khalid Sheikh Mohammed, New York Post (2019)
Trump allies charge Lt. Col. Vindman is disrespecting chain of command with testimony, Washington Examiner (2019)
US Marine Officials Identify Marine Allegedly Involved In Emerson Student Death, WGBH (2019)
Congress needs to take a look at constitutional use of military force, The Hill (2018) (with Lawrence Friedman)
Aftermath of 9/11 attacks shows American justice system at work, The Hill (2018) (with Lawrence Friedman)
Enlarge player → Chelsea Manning subject to prosecution for Senate run?, (2018)
25 Investigates: Local challenge to FBI use of child porn site could have national impact, Boston 25 News (2018)
Even If It Ain’t Broke, Why Not Fix It? Three Proposed Improvements to the Uniform Code of Military Justice, 6 Journal of National Security Law & Policy 447 (2013) (with Geoff Corn)
The Law of Armed Conflict: An Operational Approach, (2013) (with Geoffrey S. Corn, M. Christopher Jenks, Richard Jackson, Eric Talbot Jensen, James A. Schoettler, Jr.)
The Impact of Military Justice Reforms on the Law of Armed Conflict: How to Avoid Unintended Consequences, Michigan State International Law Review (2013)
The Value of the Military Commissions Act as Non-Judicial Precedent in the Context of Litigation Over National Security Policymaking, 53 South Texas Law Review 1 (2012)
Secrecy, Transparency, and National Security, 38 William Mitchell Law Review (2012)
Avoiding the Extremes: A Proposal for Modifying Court Member Selection in the Military, 44 Creighton Law Review 911 (2011)
Use and Misuse of Evidence Obtained During Extraordinary Renditions: How to Avoid Diluting Fundamental Protections, 35 Nova Law Review 281 (2011)
Book Review: Death by Moderation: The U.S. Military’s Quest for Useable Weapons by David A. Koplow, American Journal of Legal History (2011)
The Ghailani Terrorism Case: Military Lawyers in Federal Court?, Jurist Forum (2009)
The Case for Congress: Separation of Powers and the War on Terror, (2009) (with Professor Lawrence Friedman)
Can We be Less Secure and Less Free? Answers to Ten Questions in National Security, Journal on National Security, 35 William Mitchell Law Review 5041 (2009)
Understanding the Role of Military Lawyers in the War on Terror: A Response to the Perceived Crisis in Civil-Military Relations, 50 South Texas Law Review 617 (2009)
The Usefulness of a Negative Example: What We Can Learn About Evidence Rules from the Government’s Most Recent Efforts to Construct a Military Commissions Process, 35 William Mitchell Law Review 1480 (2009)
The War on Terror and the Laws of War: A Military Perspective, (2009) (with Geoffrey Corn, Eric Jensen, Richard Jackson, Michael Lewis, and James Schoettler).
Changes in Modern Military Codes and the Role of the Military Commander: What Should the United States Learn from this Revolution?, 16 Tulane Journal of International and Comparative Law 419 (2008)
Extraordinary Renditions and the State Secrets Privilege: Keeping Focused on the Task at Hand, 33 North Carolina Journal of International Law and Commercial Regulation 629 (2008)
The End of History: The Vice President and the Presidential Records Act, Jurist Forum (2008) (with Lawrence Friedman)
Pulling Rank: Reinforcing an Independent JAG Corps, Jurist Forum (2008)
Developing Empirical Methodologies to Study Law of War Violations, 16 Willamette Journal of International Law and Dispute Resolution 342 (2008)
What’s Good for the Goose is Good for the Gander – Lessons from Abu Ghraib: Time for the United States to Adopt a Standard of Command Responsibility Towards its Own, 42 Gonzaga Law Review 335 (2007)
Conservative Bastion or Progressive Problem Solver: The Evolving Face of Military Jurisprudence and International Law, 13 ILSA Journal of International and Comparative Law 329 (2007)
Commonwealth v. Dwyer and the New Protocol Governing Access to Privileged Information, 51:3 Boston Bar Journal 13 (2007)
Military Crimes and Defenses, (2007) (with David A. Schlueter, Charles H. Rose, III, and Christopher Behan)
The Case Against Secret Evidence, 12 Roger Willliams University Law Review 772 (2007) (with Lawrence Friedman)
The Jordan Abu Ghraib Verdict: Command Responsibility in the UCMJ, Jurist Forum (2007)
Going Native at Guantanamo: When Government Lawyers Lose Their Way, Jurist Forum (2006)
The Army and the Constitution: Time for Congress to Step In, Jurist Forum (2006) (with Lawrence Friedman)
Congress Should Champion the Advice of Military Lawyers, Jurist Forum (2006) (with Lawrence Friedman)
The Haditha Double Standard, Jurist Forum (2006)
No Secret Rules on Torture, The Washington Post (2005)
Walking on Unfamiliar Ground: A Primer for Defense: Counsel Representing Clients in an Inspector General Investigation, Army Law (2005)
The Art of Trial Advocacy-Effective Motions Practice, (2001)
New Developments in Evidence 2000, Army Law (2001)
New Developments in Evidence 1999, Army Law (2000)
The Supreme Court Provides a Framework for Reliability Determinations; Rule of Evidence 702, 162 Military Law Review 1 (1999)