Eugene R. Fidell

Visiting Lecturer in Law

(fall term)


Eugene R. Fidell is a Visiting Lecturer in Law at Yale Law School and an Adjunct Professor of Law at NYU Law School. In addition, he is of counsel at the Washington, D.C., firm Feldesman Tucker Leifer Fidell LLP, where his practice focuses on military legal matters. 

FULL BIOGRAPHY
Eugene Fidell

Contact Information



Faculty Assistant


Anne Marie-Cooper

Education & Curriculum Vitae


LL.B., Harvard Law School, 1968

B.A. (Philosophy), Queens College, City University of New York, 1965

Courses Taught


  • Admiralty Law
  • American Indian Tribal Law
  • Disasters
  • Guantanamo
  • Military Justice
  • Federal Indian Law
  • Law of the Sea
  • The Original Jurisdiction of the Supreme Court
  • Habeas Corpus
  • Russo-Ukrainian War

Eugene R. Fidell is a Visiting Lecturer in Law at Yale Law School and an Adjunct Professor of Law at NYU Law School. In addition, he is of counsel at the Washington, D.C., firm Feldesman Tucker Leifer Fidell LLP, where his practice focuses on military legal matters. He served in the U.S. Coast Guard following graduation from Harvard Law School, and co-founded the National Institute of Military Justice. His books include Military Justice: Cases and Materials (Carolina Academic Press 3d ed. 2020) and Military Justice: A Very Short Introduction (Oxford University Press 2016). He co-edited COVID-19: The Legal Challenges (Carolina Academic Press 2021) and since 2014 has edited the Global Military Justice Reform blog.

Monday, July 19, 2021


The Conservative Constitutional Case Against the Filibuster — A Commentary by Eugene R. Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School. 

Tuesday, June 22, 2021


Military Leaders Push Back on Taking Crimes Out of Chain of Command

Senior Research Scholar in Law Eugene R. Fidell is quoted about proposed legislation that would change how crimes are prosecuted within the military.

Monday, June 7, 2021


Getting Real About General Flynn — A Commentary by Eugene R. Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School. 

Tuesday, May 4, 2021


Cómo el caso de Vanessa Guillén presiona para castigar con una nueva ley los abusos en las Fuerzas Armadas

Senior Research Scholar in Law Eugene Fidell is quoted on Univision.com about a bill that would change the process by which service members are prosecuted for sexual assault.

Thursday, April 29, 2021


Pressure Mounts on Austin to Support Major Shift in Handling Military Sexual Assault

Senior Research Scholar in Law Eugene Fidell is quoted in Politico about proposed changes to how the military handles sexual assault allegations.

Tuesday, April 27, 2021


After Failures to Curb Sexual Assault, a Move Toward a Major Shift in Military Law

Senior Research Scholar in Law Eugene Fidell is quoted in The New York Times about a bill that would remove military commanders from a role in prosecuting service members for sexual assault.

Wednesday, April 7, 2021


National Group Calls on Legal Profession to Fight Voter Suppression

Senior Research Scholar in Law Eugene Fidell is quoted in a Law.com article about an open letter released by Lawyers Defending American Democracy that calls on law firms, bar associations, and law schools to devote resources to protecting and expanding voter rights.

Wednesday, March 24, 2021


DoD Commission on Sexual Assault Promises It Will Bring Fresh Eyes to an Old Issue

Senior Research Scholar in Law Eugene Fidell is quoted in a Federal News Network article about ongoing issues regarding sexual assault in the military.

Thursday, March 18, 2021


Sub Base Hits Pause to Talk about Extremism in the Ranks

Senior Research Scholar in Law Eugene Fidell is quoted in an article in The Day about extremism within the military.

Friday, March 12, 2021


The Uphill Battle Against Sexual Misconduct in the U.S. Military

Senior Research Scholar in Law Eugene Fidell is quoted in an article in The Crime Report on sexual assault in the military.

Monday, March 1, 2021


The Next Judge: US Court of Appeals for the Armed Forces' Looming Vacancy — A Commentary by Eugene Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School.

Wednesday, February 10, 2021


The knocking at the gate — A Commentary by Eugene Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School. 

Monday, February 8, 2021


Senators killed measure to combat violent extremism in military

Senior Research Scholar Eugene Fidell is quoted in a Roll Call article about extremism in the military.

Thursday, February 4, 2021


A second silver lining? — A Commentary by Eugene Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School.

Wednesday, January 27, 2021


With Biden’s Backing, Austin Prepares to Tackle Military’s Sexual Assault Problem

Senior Research Scholar in Law Eugene Fidell is quoted in the New York Times about the Biden administration’s efforts to overhaul the way the military handles sexual assault cases.

Wednesday, January 13, 2021


Military Personnel and the Putsch at the U.S. Capitol — A Commentary by Eugene R. Fidell and Rachel VanLandingham, Lt Col, USAF

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School. Rachel E. VanLandingham, a professor of law at Southwestern Law School, is a retired Air Force lieutenant colonel and former military attorney.

Tuesday, January 12, 2021


The Military Can't Save America From Trump

Senior research scholar Eugene Fidell is quoted in Vice about The Orders Project, a legal advice network founded to assist military personnel who might question the legality of the orders they are given.

Tuesday, January 5, 2021


Trump’s delusions evoke memories of another emperor — A Commentary by Eugene Fidell and Dennis Aftergut

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School. Dennis Aftergut is a former federal prosecutor and chief assistant city attorney in San Francisco, now of counsel at the Renne Public Law Group.

Monday, January 4, 2021


The silver lining of the Trump presidency? — A Commentary by Eugene Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School.

Wednesday, December 16, 2020


Scorched-Earth Policy Makes for an Unnecessarily Messy Presidential Transition — A Commentary by Eugene Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School.

Tuesday, December 8, 2020


NDAA envisions new military policies on sexual assaults

Senior Research Scholar Eugene Fidell is quoted in a Roll Call story about the 2021 NDAA Bill that contains new protections for sexual assault victims in the military.

Sunday, December 6, 2020


The GOP’s Burghers of Calais — A Commentary by Eugene Fidell

Eugene Fidell is a Senior Research Scholar in Law at Yale Law School.

Friday, November 27, 2020


‘Exit, pursued by a bear’ — A Commentary by Eugene Fidell

Eugene Fidell is a Senior Research Scholar in Law at Yale Law School.

Tuesday, November 17, 2020


Trump and his supporters are discovering how hard it is to sabotage election results

Senior Research Scholar in Law Eugene Fidell is mentioned in a Washington Post commentary about President Trump’s efforts to meddle in the election results.

Monday, October 19, 2020


Wrestling with Legal and Illegal Orders in the Military in the Months Ahead — A Commentary by Eugene Fidell

Eugene Fidell is a Senior Research Scholar in Law at Yale Law School.

Tuesday, October 13, 2020


Inside the Orders Project - giving ‘second opinions’ on orders to election-wary troops

Senior Research Scholar in Law Eugene Fidell is quoted in a Military Times article about The Orders Project, a legal advice network for troops who might want a second opinion on the legality of orders related to the election.

Friday, October 9, 2020


Volunteer lawyers will advise military personnel who question the legality of orders during protests, election disputes

Senior Research Scholar Eugene Fidell is quoted in the Washington Post about a group of lawyers who are offering advice to military and National Guard members worried they may be given unlawful orders if deployed during protests or disputes over the upcoming elections.

Friday, August 28, 2020


Court Upholds Bowe Bergdahl's Sentence Despite Trump 'Dirty Traitor' Comments

Senior Research Scholar Eugene Fidell is quoted in a Military.com article about developments in the case of his client, former Army Sgt. Robert "Bowe" Bergdahl.

Wednesday, August 26, 2020


Navy drops criminal charges against chief

Senior Research Scholar in Law Eugene Fidell is quoted in a Military Times article about the case of a Navy chief facing allegations that her ship security team deployed without magazines for their firearms.

Wednesday, August 26, 2020


Democrats renew push for watchdog investigation into alleged White House retaliation against Vindman brothers

CNN reports that YLS senior research scholar Eugene Fidell is among four lawyers who will represent Yevgeny Vindman in a whistleblower reprisal complaint against the Trump administration.

Saturday, August 15, 2020


Former midshipman found guilty of sexual assault plans to appeal

Senior Research Scholar in Law Eugene Fidell is quoted in a Baltimore Sun report on the case of a midshipman convicted of sexual assault who plans to appeal his conviction based, in part, on jury selection. 

Tuesday, July 28, 2020


Donate to crowdfunding site so those who have served their time can vote, as Floridians intended — A Commentary by Eugene Fidell

Eugene Fidell is a Senior Research Scholar in Law at Yale Law School.

Wednesday, July 8, 2020


Trial for midshipman charged with sexual assault to start with jury member selection

Senior Research Scholar in Law Eugene Fidell is quoted in the Baltimore Sun about a trial involving a midshipman charged with sexual assault.

Monday, July 6, 2020


Voting by mail: Courts need to get real — A Commentary by Eugene Fidell

Eugene R. Fidell is Senior Research Scholar in Law at Yale Law School.

Wednesday, June 3, 2020


The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest — A Commentary by Eugene Fidell

Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law.

 

Tuesday, June 2, 2020


Presidents have leeway to use military for domestic purposes

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in an Associated Press article about President Trump’s powers to deploy the military for domestic purposes.

Tuesday, June 2, 2020


High Court Allows Circuit Court Review In Deportation Cases

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell and the Supreme Court Advocacy Clinic are mentioned in a Law360 report.

Tuesday, June 2, 2020


What Is the Insurrection Act of 1807, the Law Behind Trump’s Threat to States?

The New York Times quotes Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene R. Fidell about the Insurrection Act and President Trump’s threat to use the military for domestic law enforcement.

Friday, May 1, 2020


Today should be ‘Rule of Law Day’ — A Commentary by Eugene Fidell

Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law.

 

Thursday, April 23, 2020


Trump wants the Navy to destroy Iranian gunboats that harass US ships. Here’s why it doesn't do that.

Florence Rogatz Visiting Lecturer in Law Eugene R. Fidell is quoted in Business Insider on interactions between U.S. Navy ships and Iranian gunboats.

Monday, April 6, 2020


Rube Goldberg and Military Justice — A Commentary by Eugene Fidell

Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law.

 

Monday, January 27, 2020


Barred before, active-duty military can now file malpractice claims

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in the Tampa Bay Times about a change to the Feres Act that will allow active-duty military to file malpractice claims.

Tuesday, January 7, 2020


The only remaining check on Trump is the 2020 election

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in Vox about President Trump’s order of an airstrike that killed Maj. Gen. Qassem Soleimani.

Tuesday, December 10, 2019


Military releases official photo of suspect in Pearl Harbor shipyard shooting

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted about the recent shooting at the Pearl Harbor shipyard.

Monday, December 9, 2019


A new law could finally force DoD to compensate troops who suffered from military doctors' mistakes

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted about a new law that would give troops legal recourse to seek compensation for medical mistakes made by military doctors.

Wednesday, November 27, 2019


The War-Crimes President

The Atlantic quotes Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell about President Trump’s intervention into military matters.

Wednesday, November 27, 2019


Trump’s war on the rule of law

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted about the President’s intervention in a military trial.

Tuesday, November 26, 2019


The military’s male-only draft registration is unconstitutional, a judge ruled. What comes next is unknown.

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted about the military’s male-only draft registration.

Friday, November 22, 2019


Navy SEALs Case Reveals Broad Scope of a President’s Military Powers

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in the New York Times about the military powers of the president.

Thursday, November 21, 2019


Trump Reverses Navy Decision to Oust Edward Gallagher From SEALs

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in the New York Times about President Trump’s claim that he would be personally intervening in a disciplinary proceeding that stripped a pardoned service member of his Navy SEAL status.

Wednesday, November 20, 2019


Navy Wants to Eject From SEALs a Sailor Cleared by Trump, Officials Say

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in the New York Times about President Trump’s potential reversal of a Navy decision to strip a pardoned service member of his Navy SEAL status.

Wednesday, November 20, 2019


SEALs Face Review Following Death of Islamic State Militant

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in the New York Times about the Navy’s plan to launch a review of a service member and three of his superior officers to determine if they should remain Navy SEALs.

Tuesday, November 19, 2019


Trump Issued Pardons in Soldiers' War Crimes Cases. What Now?

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in a Military.com article about President Donald Trump’s pardoning of three service members convicted or accused of war crimes.

Monday, November 18, 2019


No, Our Boys Are Not “Killing Machines”

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in an article about President Donald Trump’s pardoning of three service members convicted or accused of war crimes.

Saturday, November 16, 2019


Trump Intervenes in Military War Crimes Cases, Issues Pardons Over Pentagon Objections

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in the Hilltop Monitor about President Trump issuing at least two pardons where U.S. service members have been accused of war crimes.

Thursday, November 7, 2019


Top military appeals court to review Bergdahl case for interference by Trump and McCain

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in a Military Times article about his client Bowe Bergdahl, who has been granted a review of his case by the U.S. Court of Appeals for the Armed Forces.

Wednesday, September 11, 2019


Green Beret Fights to Sue Military Doctors

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene R. Fidell is quoted in MedPage Today about the limits of a Supreme Court case that bars active-duty service members from suing the government for negligence.

Monday, August 12, 2019


Resuming Federal Executions Unlikely to Affect Military Death Row

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene R. Fidell is quoted about the impact of resuming federal capital punishment on the military justice system.

Friday, August 2, 2019


Investigator of Green Beret’s Murder Had Romantic Relationship With Witness, Lawyer Says

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a news story about the death of a Green Beret.

Tuesday, July 9, 2019


Court Agrees with Ethics Bureau that Judge in Terrorism Case Acted Improperly

A federal appeals court agreed with the Ethics Bureau at Yale that the military judge in the USS Cole bombing case acted improperly, ruling that years of proceedings under that judge must be thrown out.

Monday, July 1, 2019


Bowe Bergdahl Seeking New Trial or Clemency Due to Trump Comments

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about whether comments by President Trump created an “appearance of unlawful command influence” in the case of a former soldier convicted of desertion in military court.

Thursday, May 30, 2019


Military Court Overturns Rape Conviction, Says Jury Stacked With Women

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about whether Rep. Duncan Hunter's claim that he posed for a photo with an enemy corpse was a criminal act.

Saturday, May 25, 2019


Trump has the Ultimate Authority to Pardon a Navy SEAL Accused of War Crimes, but that Doesn’t Mean the Military community isn’t Deeply Divided

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Donald Trump’s plan to pardon an accused war criminal.

Tuesday, May 21, 2019


Trump's Increasingly Questionable Pardons Should Make Congress Act — A Commentary by Eugene R. Fidell

Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law.

Thursday, May 2, 2019


Sexual Assaults in the Military Spiked Last Year, Pentagon Says, Amid Renewed Debate over How to Handle Cases

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the rising number of sexual assaults in the military.

Tuesday, April 30, 2019


Do Soldiers Face ‘Double Jeopardy’ in Military Courts?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about how constitutional protection against double jeopardy, being charged twice for the same crime, doesn’t apply to those who serve in the military.

Wednesday, April 24, 2019


Trump’s DHS Pardon Promise Is As Serious As Anything in the Mueller Report — A Commentary by Eugene R. Fidell and Margaret Colgate Love

Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law and a Senior Research Scholar in Law.

Thursday, April 11, 2019


How the Navy’s Top Commander Botched the Highest-Profile Investigation in Years

Florence Rogatz Visiting Lecturer in Law Eugene R. Fidell is quoted in an article about why criminal charges against sailors involved in fatal accidents have been abandoned.
 

Friday, April 5, 2019


Guantánamo Trials Grapple With How Much Evidence to Allow About Torture

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about how the military commission system is wrestling with how to handle evidence of torture inflicted upon Al Qaeda suspects.

Thursday, April 4, 2019


Expect Shanahan’s Niger-Ambush Review in ‘Weeks’: Official

Eugene R. Fidell Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Acting Defense Secretary Patrick Shanahan’s review of the 2017 ambush that killed four U.S. troops in Niger.

Sunday, March 24, 2019


Controversial Military Malpractice Policy May Be Closer to Overturn Than Ever

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a case seeking to end policy that precludes troops from suing the federal government for injuries deemed incidental to military service.

Wednesday, March 20, 2019


Second-Class Justice in the Military — A Commentary by Eugene Fidell and Stephen I. Vladeck

Eugene Fidell is the Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law.

Friday, March 8, 2019


Senator Martha McSally’s Revelation of Assault May Reopen Debate

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about sexual assault within the military.

Monday, February 25, 2019


The military’s male-only draft registration requirement is unconstitutional, a judge ruled. What comes next is unknown.

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in the Washington Post about a judge’s ruling that the military’s male-only draft registration is unconstitutional.

Tuesday, January 29, 2019


U.S. Army Court of Criminal Appeals to Hear Case at Yale Law School

The U.S. Army Court of Criminal Appeals will hear the case United States v. Miller at the Law School on January 29, 2019.

Saturday, December 29, 2018


No More Bread and Water: U.S. Navy Scraps an Age-Old Penalty

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in a New York Times article about the end of the Navy’s traditional punishment of confining low-ranking sailors to bread and water.

Monday, December 17, 2018


Green Beret’s wife welcomes President Donald Trump’s offer to review murder case

Florence Rogatz Visiting Lecturer in Law Eugene R. Fidell is quoted in an ABC News story about a tweet sent by President Trump that could compromise the case against an ex-Green Beret charged with murder.

Friday, November 16, 2018


‘It’s A Scandal’ — Inside The Fight To Hold The Military Accountable For Medical Malpractice

Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law Eugene Fidell is quoted in an article about attempts to hold the military accountable in medical malpractice cases.

Monday, July 23, 2018


Defense lawyer: Attorney General Sessions objected to 9/11 trial plea deal

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about trials in the 9/11 terrorism case.

Friday, June 15, 2018


Senators urge Pentagon to rethink sending military lawyers to be immigration prosecutors

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the use of military lawyers in the immigration crisis.

Sunday, May 13, 2018


Greitens' fateful affair began during crossroads of his military life

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Missouri Governor Eric Greitens’ military career.

Tuesday, May 1, 2018


Officer Accused of Negligence in Fitzgerald Collision Will Face Special Court-Martial Next Week as Part of Likely Plea Deal

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about a court-martial for an officer accused of negligence in the fatal collision of the USS Fitzgerald in 2017.

Tuesday, April 10, 2018


Delaware Republican may have violated federal policy by announcing bid for U.S. Congress

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a candidate for the House of Representatives who many have violated campaign finance laws.

Thursday, April 5, 2018


Trump sends troops to border with Mexico? Not so fast

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about President Trump’s plan to send National Guard to help patrol the Mexican border.

Thursday, February 1, 2018


Is Chelsea Manning eligible to run for U.S. Senate?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about whether Chelsea Manning is eligible to run for senate.

Tuesday, January 30, 2018


Military Court Overturns Rape Conviction, Says Jury Stacked With Women

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a rape conviction that was overturned due to a "stacked" jury. 

Wednesday, January 17, 2018


Navy ship collisions prompt rare criminal charges

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about negligent homicide charges laid against five naval officers after two fatal ship crashes in 2017.

Friday, December 1, 2017


Michael Flynn Will Keep Military Rank And Pension Despite Guilty Plea

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article on why Michael Flynn will keep his military rank and pension. 

Monday, November 20, 2017


The Coast Guard’s Floating Guantanamo

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about U.S. Coast Guard vessels that capture and hold drug smugglers in international waters.

Friday, November 10, 2017


Should the Air Force Be Sued Over Texas Church Shooting? Some Legal Authorities Say Yes

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about whether the Air Force can be sued over the recent shooting at a Texas church. 

Tuesday, November 7, 2017


Victims of Texas church massacre may have a case against the Air Force

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about whether the Air Force may be held liable for the Texas church massacre.

Saturday, November 4, 2017


Bowe Bergdahl gets dishonorable discharge, avoids prison time

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a report on the sentencing of his client Bowe Bergdahl. Coverage of the sentencing appeared in numerous outlets.

Thursday, November 2, 2017


How Trump fumbled his response to the New York terrorist attack

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about President Trump’s Twitter response to the recent terror attack in New York City.

Wednesday, October 18, 2017


Bergdahl lawyers: Judge should throw out case over new Trump comment

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about comments made by President Trump regarding his client, Bowe Bergdahl, who plead guilty to charges of desertion on Monday.

Thursday, September 28, 2017


Bergdahl’s Request for White House Meeting Info Declined by Judge

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about his client Bowe Bergdahl.

Thursday, September 7, 2017


Legal ‘fistfight’ expected when transgender ban gets to court

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the legal challenge to President Trump’s ban on transgender personnel serving in the military.

Monday, August 28, 2017


Two Lawsuits Challenge Trump Transgender Military Service Ban

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about two new lawsuits on Monday that challenge President Trump's ban on transgender people serving in the U.S. military.

Tuesday, August 22, 2017


Bergdahl chooses military judge over jury in desertion trial

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in a Stars and Stripes report on developments in the case of Bowe Bergdahl.

Tuesday, August 8, 2017


Prosecutor won’t use alleged Army deserter’s statements against him

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about developments in the case of Bowe Bergdahl.

Thursday, August 3, 2017


Top Navy lawyer accused of interfering in 2 cases

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a top Navy lawyer accused of unlawfully meddling in criminal cases targeting America’s elite commandos.

Wednesday, August 2, 2017


A week later, little clarity on Trump’s transgender tweet

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about President Trump’s tweets about a proposed ban on transgender military.

Monday, July 31, 2017


Your Tweet is My Command—A Commentary by Eugene R. Fidell

Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law at Yale Law School.

Thursday, July 27, 2017


Legal Questions Over Trump's Ban Of Transgender People In The Military

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed about President Trump’s proposed ban on transgender people in the armed forces.

Wednesday, July 26, 2017


Military transgender ban would be tough to overturn, experts say

Florence Rogatz Visiting Lecturer in Law Eugene Fidell and Ryan Thoreson ’14 are quoted in an article on President Trump’s proposed ban on transgender people in the armed forces.

Thursday, July 13, 2017


Could Donald Trump Jr. Be Charged With Treason? Short Answer: No

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed about whether President Trump’s behavior fits the definition of treason. Richard Painter ’87 is also quoted.

Friday, June 16, 2017


Court: OK to discharge soldier for seeking sex from recruits

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about a court martial that resulted in dismissal from the National Guard.

Wednesday, May 3, 2017


Navy spy case moved up to Thursday, shortened to 2 days

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about the rescheduling of a Navy court case.

Saturday, April 1, 2017


Defying Congress, the Navy promoted SEAL commander

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a former Navy SEALs commander who was granted a retroactive promotion, back pay, and a bigger pension after multiple investigations found he had retaliated against whistleblowers.

Wednesday, March 29, 2017


Bergdahl appeal filed, judge also pushes back court-martial trial set for April

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted about the latest efforts to have the charges against his client Bowe Bergdahl dismissed in light of comments by then-candidate Donald Trump.

Thursday, March 9, 2017


Charges near in death of Muslim at Marine base?; Taylor recruit fell last March; hearing expected this month

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a military court hearing into the death last year of a recruit at Parris Island, S.C.

Monday, February 27, 2017


Jewish Law Conference to Be Held March 5

Yale Law School will be hosting a conference on Jewish Law on Sunday, March 5.

Saturday, February 25, 2017


Judge rules against dismissing charges against Army Sgt. Bowe Bergdahl

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a failed bid to have Bowe Bergdahl’s charges dismissed in light of comments by then-candidate Donald Trump.

Tuesday, February 21, 2017


McMaster May Not Be What Trump Expects

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Army Lt. Gen. Herbert Raymond "H.R." McMaster, the new national security advisor to President Trump.

Tuesday, February 14, 2017


Trump’s heated words come back to bite him in military and civilian courts

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about whether his client Bowe Bergdahl can receive a fair trial in light of inflammatory comments made by President Trump.

Saturday, February 11, 2017


Judge, Jury, Executioner, President

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an editorial about whether his client Bowe Bergdahl can receive a fair trial in light of inflammatory comments made by President Trump.

Saturday, January 21, 2017


Soldier Asks to Dismiss Charges of Desertion

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about efforts to have the charges against his client Bowe Bergdahl dismissed now that Donald Trump has taken office.   

Friday, January 20, 2017


Obama administration chose not to act on pardon request in Bowe Bergdahl’s desertion case

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the failed bid for a presidential pardon by Barack Obama on behalf of his client Bowe Bergdahl.

Thursday, December 15, 2016


Court-martial sentences still 'the Wild West' as proposed guidelines rejected

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the military sentencing system.

Thursday, December 8, 2016


Military targets handling of misconduct cases

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about efforts to improve the military’s handling of misconduct cases.

Monday, December 5, 2016


Alexion shareholders file class action suit

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was a guest where he discussed General James Mattis, Donald Trump’s pick for the new Secretary of Defense.

Sunday, December 4, 2016


Bergdahl is seeking a pardon by President Obama

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a request filed by his client Bowe Bergdahl for a pardon from President Obama.

Saturday, November 26, 2016


The Soldier Donald Trump Called a Traitor

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an editorial.

Wednesday, November 16, 2016


Judge moves Bergdahl court-martial back up

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the changing schedule for the court martial of his client, Bowe Bergdahl.

Tuesday, November 15, 2016


Bergdahl lawyers to ask for dismissal after Trump's inauguration

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a plan to ask for Bowe Bergdahl’s desertion case to be tossed out once President-elect Donald Trump takes office.

Sunday, October 30, 2016


Two Army buddies' fateful night; One falls into a Seoul street and is fatally hurt. Who is at fault: The driver, the doctors or the friend?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the case of an Army mechanic charged with manslaughter in the death of a friend.

Friday, October 14, 2016


Did heartbreaking testimony go too far in military sentencing of sex abuser?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about controversial testimony given at a sexual assault sentencing hearing for a Coast-Guardsman.

Wednesday, October 12, 2016


'Rock star' Navy judge accused of lying faces investigation, delayed promotion; Cmdr. Aaron Rugh testified at an ethics hearing last week about whether he misled a Marine board in a Naval Academy sexual misconduct case.

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a Navy appellate judge accused of lying under oath in a sexual misconduct case.

Wednesday, August 24, 2016


Bergdahl judge mulls dismissing case over McCain comments

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed and discussed the latest developments in the court-martial of his client, Bowe Bergdahl.

Tuesday, August 23, 2016


General to testify about burning letters in Bergdahl case

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about actions by an Army general that could impact the trial of his client Army Sgt. Bowe Bergdahl.

Sunday, August 21, 2016


Ex-soldier's case rests on 'flirting' Attorney seeks Supreme Court override

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Supreme Court challenges to military court decisions.

Thursday, July 21, 2016


Marine faces charge of lying to journalist

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the trial of Marine Maj. Mark Thompson, charged with making a false official statement and conduct unbecoming an officer and a gentleman.

Thursday, July 7, 2016


Sgt. Bowe Bergdahl lawyers say government hasn't shared evidence

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about motions filed last week by Sgt. Bowe Bergdahl’s lawyers requesting access to classified government files related to their client.

Tuesday, June 28, 2016


Officer: Military adultery ban is unfair to heterosexuals

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a challenge to the military ban on adultery on the basis that it discriminates against heterosexuals.

Friday, May 20, 2016


Congress Moves to Nullify Judge’s Order on Guantánamo Guards

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Guantanamo guards. 

Friday, May 6, 2016


Soldier Suing Obama Over ISIS War Is Doing Fine, Lawyer Says

Sterling Professor of Law Bruce Ackerman ’67 is quoted in an article on Army Captain Nathan Michael Smith’s lawsuit challenging the constitutionality of the war on ISIS. Florence Rogatz Visiting Lecturer in Law Eugene Fidell is also quoted.

Monday, May 2, 2016


Faulty Attack, Faulty Investigation—A Commentary by Eugene R. Fidell

Eugene R. Fidell is a Senior Research Scholar in Law and the Florence Rogatz Visiting Lecturer in Law at Yale Law School.

Sunday, May 1, 2016


Bowe Bergdahl's defense wins battle over classified documents

A report that Florence Rogatz Visiting Lecturer in Law Eugene Fidell has won access to hundreds of thousands of pages of classified information related to his client Bowe Bergdahl.

Tuesday, April 19, 2016


Could Trump Be Impeached Shortly After He Takes Office?

Sterling Professor Bruce Ackerman ’67 and Florence Rogatz Visiting Lecturer in Law Eugene Fidell are quoted in an article about whether Donald Trump could be impeached were he to be elected President.

Wednesday, April 6, 2016


This retweet does not equal endorsement: In contentious election year, active-duty must be mindful of partisan politicking

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about Department of Defense policies around endorsing candidates.

Monday, April 4, 2016


Bergdahl lawyer wants Army to turn over communications

A report about a complaint filed by Florence Rogatz Visiting Lecturer in Law Eugene Fidell to compel the Army to release the records relating to its communications with the Senate Armed Services Committee regarding his client, Bowe Bergdahl.

Tuesday, March 22, 2016


Bergdahl Attorneys, Army Tussle Over Docs Release

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the decision by attorneys for Bowe Bergdahl to release the transcript of the accused deserter's interview with an Army general officer.

Monday, March 21, 2016


Could military judge accused of lying during sexual-misconduct case face investigation?

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the case of former U.S. Naval Academy teacher Mark Thompson.

Wednesday, March 16, 2016


New Details Hint at Role of Psychology in Bergdahl Defense

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted about the reasons his client Bowe Bergdahl left his post before being captured by the Taliban. Similar coverage appeared in PBS Newshour and the Christian Science Monitor.

Tuesday, March 15, 2016


A Marine's Convictions: What military law experts say could happen next in Maj. Mark Thompson's case; All four experts agreed that the Marine could be charged with a new crime.

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed for an article on possible future charges for former U.S. Naval Academy teacher Mark Thompson.

Wednesday, March 9, 2016


Army Sgt. Bowe Bergdahl's Court Documents Now Posted Online

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about his client Bowe Bergdahl and a new website that posts court documents related to the case.

Monday, March 7, 2016


Bergdahl's lawyer files lawsuit pushing for release of conversations between Congress and Pentagon

A report that Florence Rogatz Visiting Lecturer in Law Eugene Fidell has filed a civil lawsuit to expedite a request he filed under the Freedom of Information Act for government communications relating to his client Bowe Bergdahl.

Thursday, March 3, 2016


President Trump’s Illegal Military Orders

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about Donald Trump’s pledges regarding military action should he be elected President.

Tuesday, February 23, 2016


Yale Law School Military Justice Expert on Efforts to Close Guantanamo

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed about President Obama’s announcement to close Guantanamo.

Wednesday, February 10, 2016


Bergdahl Case Delayed Over Classified Information Dispute

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about developments in the trial of Army Sgt. Bowe Bergdahl, former Taliban prisoner charged with desertion stemming from his disappearance from his base in Afghanistan.

Sunday, January 31, 2016


Nearly five years after Petraeus scandal, bad decisions still resonate

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the continuing fallout from the resignation of CIA Director David Petraeus following the disclosure that he shared classified information, and had an extramarital affair, with his biographer, Army Reserve major Paula Broadwell.

Thursday, January 14, 2016


Investigation of SEAL Conduct in Afghanistan Is Reopened

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a Naval Criminal Investigative Service’s investigation into allegations about Navy SEALs and Afghan militiamen beating detainees.

Thursday, December 24, 2015


Will The Accused 9/11 Plotters Ever Be Tried? Not In 2016

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the logistics of trying the accused in custody at the military prison in Guantanamo Bay, Cuba.

Monday, December 14, 2015


Bowe Bergdahl to Face Court-Martial on Desertion Charges

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a report that the army will pursue court-martial proceedings against his client, Bowe Bergdahl.

Friday, December 11, 2015


Bowe Bergdahl's Lawyer Slams 'Defamer-In-Chief' Donald Trump And John McCain

Florence Rogatz Visiting Lecturer in Law Eugene Fidell was interviewed about comments made by Donald Trump and John McCain about his client, Bowe Bergdahl, charged with desertion.

Thursday, December 10, 2015


Bowe Bergdahl Case at Center of ‘Serial’ Season 2

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about his client, Bowe Bergdhal, who is the subject of the second season of the podcast “Serial.” Similar articles appeared in Rolling Stone, CNN, Slate, and more.

Monday, November 16, 2015


Opaque Military Justice system shields child sex abuse cases

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the difficulty of gaining access to records pertaining to military in prison for sex crimes involving children.

Wednesday, October 14, 2015


Mr. McCain’s Irresponsible Remarks About Sgt. Bergdahl

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an editorial about comments made by John McCain regarding his client, Bowe Bergdahl.

Monday, October 12, 2015


No Jail Time Is Being Sought for Bergdahl, Lawyer Says

Florence Rogatz Visiting Lecturer in Law Eugene R. Fidell is mentioned in an article about the preliminary hearing of his client Sgt. Bowe Bergdahl, charged with desertion.

Monday, October 5, 2015


US strike on MSF hospital in Kunduz poses tough legal questions

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the US bombing of a Doctors Without Borders hospital in Afghanistan.

Monday, October 5, 2015


Bowe Bergdahl’s Army investigation just proceeded to the next step, lawyer says

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about developments in the case of his client, Bowe Bergdahl, charged with desertion.

Sunday, October 4, 2015


Experts: Mitigating factors could affect Bergdahl case

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about developments in the case of his client, Bowe Bergdahl, charged with desertion.

Friday, September 18, 2015


Officers stress dangers involved in search for Bowe Bergdahl

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the first day of the preliminary hearing into whether his client Bowe Bergdahl will face a court martial. Similar articles appeared in USA Today, Time, and more.

Thursday, September 17, 2015


Guantanamo detainees: Obama says US war in Afghanistan is over, so we should go free

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about detainees at Guantanamo.

Tuesday, September 15, 2015


Details on Bowe Bergdahl, Soldier Freed by Taliban, May Emerge at Hearing

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about the preliminary hearing for his client, Bowe Bergdahl, charged with deserting his post and endangering troops who searched for him.

Thursday, September 3, 2015


Detainee transfers from Guantanamo to Leavenworth unlikely to result in new legal rights

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the transfer of detainees from Guantanamo Bay in Cuba to a military prison in Kansas.

Thursday, August 20, 2015


Bowe Bergdahl’s defense team warns Trump about damaging comments

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about comments made by Donald Trump about Fidell’s client Bowe Bergdahl, charged with desertion for leaving his post in Afghanistan in 2009.

Thursday, August 6, 2015


9/11 defendants hinder bid to close prison

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in a story about the future of the military prison at Guantanamo.

Tuesday, July 7, 2015


Could One Soldier Derail ISIS War?

Sterling Professor of Law and Political Science Bruce Ackerman’ 67 and Florence Rogatz Visiting Lecturer in Law Eugene Fidell are quoted in an article about the legality of the war against the Islamic State group.

Friday, June 12, 2015


Court ruling limits use of military commissions for terrorism suspects

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about a recent decision by a federal appeals court that reduced the powers of military commissions to try terrorism suspects for crimes that could be tried in civilian courts.

Tuesday, June 9, 2015


Experts: CNO nominee erred, but didn't break lobbying rules

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about the nominee for Chief Naval Officer who is facing allegations of improper lobbying.

Monday, June 8, 2015


Wireless carriers sue Berkeley over phone radiation law

Dean and Sol & Lillian Goldman Professor of Law Robert C. Post ’77 is mentioned in an article about a suit filed by a wireless trade group in response to a city ordinance that requires local cellphone retailers to provide consumers with information regarding the safe use of their phones.

Friday, June 5, 2015


Bowe Bergdahl’s lawyers want top Army general off his desertion case, citing politics

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article about developments in the trial of his client, Army Sgt. Bowe Bergdahl, who is charged with desertion after leaving his base in Afghanistan in 2009. Similar stories appeared in Stars and Stripes, Military Times, and more.

Wednesday, May 6, 2015


No witnesses or arguments at Air Force Academy sexual assault hearing

Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about proceedings in a sexual assault complaint against an Air Force Academy cadet.

Wednesday, February 18, 2015


Eugene Fidell Named 2016 Order of the Coif Distinguished Visitor

Eugene R. Fidell, the Florence Rogatz Visiting Lecturer in Law at Yale Law School, has been selected as the Order of the Coif Distinguished Visitor for 2016.

Tuesday, January 27, 2015


UPDATE: Risch: Army denies decision made in Bergdahl case

Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law Eugene Fidell is mentioned in an article on the status of the investigation into the circumstances surrounding the 2009 disappearance of Sgt. Bowe Bergdahl from his base in Afghanistan.

Friday, January 23, 2015


General’s A-10 treason comment sparks concerns over protected speech

Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an article about an Army General’s comment that talking to Congress about the embattled A-10 Thunderbolt could qualify as treason.

Tuesday, November 4, 2014


Yale Law School Hosts Global Seminar on Military Justice

Yale Law School will hold a Global Seminar on Military Justice on November 7 and 8 featuring informed discussion by experts who are personally involved in reform efforts. 

Tuesday, June 11, 2013


YLS Lecturer Eugene Fidell, Legal Scholars Publish Open Letter on Military Justice Reforms

Florence Rogatz Visiting Lecturer in Law Eugene Fidell and a group of legal scholars publish a statement encouraging Congress to consider making structural changes to the military justice system.

Thursday, August 23, 2012


Does Tingey Rhyme With Dinghy? Yale Law Team Tackles Hard-to-Pronounce Supreme Court Case Names

A Yale Law School team has produced a dictionary listing the correct pronunciations of Supreme Court cases with hard-to-pronounce names.

Friday, March 25, 2011


April Seminar Will Consider Critical Issues Facing Military Justice Systems

Leading military appellate court judges from around the world will take part in a Global Military Appellate Seminar April 1 and 2 at Yale Law School.

Monday, July 7, 2008


Eugene Fidell Appointed Rogatz Visiting Lecturer

Eugene R. Fidell, a leading expert in military justice, will join Yale Law School as the Florence Rogatz Senior Visiting Lecturer in Law.

Blog

Global Military Justice Reform

Books

Military Justice: A Vert Short Introduction (Oxford 2016)

Military Justice Cases and Materials (LexisNexis2d ed 2012) (with Elizabeth Lutes Hillman and Dwight H. Sullivan)

Military Court Rules of the United States (LexisNexis 2012)

Evolving Military Justice (Naval Institute Press 2002) (with Dwight H. Sullivan)

Annotated Guide to Procedures for Trials by Military Commissions (Lexis-Nexis/Matthew Bender 2002) (editor)

Guide to the Rules of Practice and Procedure for the United States Court of Appeals for the Armed Forces (1st-13th eds. 1978-2010)

Military Commission Instructions Sourcebook (2003) (editor)

Military Commission Instructions Sourcebook 2d (2004) (editor)

Book Chapters

Uphold the Geneva Conventions and the Convention Against Torture, in Restoring American Leadership: Cooperative Steps to Advance Global Progress (Open Society Inst. 2005)

Disorder in Military Courts, in Liberty Under Attack: Reclaiming Our Freedoms in an Age of Terror (Century Foundation 2007)

Law Review Articles

Military Law
“If a Tree Falls in the Forest . . .”: Publication and Digesting Policies and the Potential Contribution of Military Courts to American Law, 32 JAG J. 1 (1982)

Review of Decisions of the United States Court of Military Appeals by the Supreme Court of the United States, 16 Mil. L. Rptr. 6001 (1988)

A Roving Commission: Specified Issues and the Function of the United States Court of Military Appeals, 122 Mil. L. Rev. 117 (1988) (with Linda Greenhouse)

The Culture of Change in Military Law, 126 Mil. L. Rev. 125 (1989)

Military Justice and Military Judges: The Path to Judicial Independence, 74 Judicature 14 (1990)

Going on 50: Evolution and Devolution in Military Justice, 32 Wake Forest L. Rev. 1213 (1997)

A World-Wide Perspective on Change in Military Justice, 48 A.F. L. Rev. 195 (2000)

Military Commissions & Administrative Law, 6 Green Bag 2d 389 (2003)

The First Amendment and Military Courts, 23 Communications Law. 10 (Fall 2005) (with Steven D. Zansberg and Matthew S. Freedus)

Military Commission Law, Army Law., Dec. 2005, at 47 (with Dwight H. Sullivan and Detlev F. Vagts)

Guantánamo and All That, 53 Fed. Law. 45 (Feb. 2006)

Accountability, Transparency, and Public Confidence in the Administration of Military Justice, 9 Green Bag 2d 361 (2006)

Zen and the Jurisprudence of the United States Court of Appeals for the Armed Forces, 54 Fed. Law. 28 (May 2007)

Watchdogs and Lapdogs: National Security Journalism, in 1 Ann. Symposium on Emerging Issues in Nat’l & Int’l Sec’y 64 (2007)

Book Review, Peter Rowe, The Impact of Human Rights Law on Armed Forces, 101 Am. J. Int’l L. 252 (2007)

Is There a Crisis in Military Appellate Justice?, 12 Roger Williams U. L. Rev. 820 (2007)

Reforming Interrogation Practices: Alexis St. Martin and the Post-9/11 Era Opportunity, 16 Hum. Rgts. Brief No. 4, at 26 (Spring 2009)

Criminal Prosecution of Civilian Contractors by Military Courts, 50 S. Tex. L. Rev. 845 (2009)

The Next Judge, 5 J. Nat’l Sec. L. & Pol. 303 (2011)

Charm Offensive in Lilliput: Military Commissions 3.1, 56 St. Louis U. L. Rev. 1177 (2012)

Ten Years On: Military Justice and Civil Liberties in the Post-9/11 Era, 56 N.Y.L.S. L. Rev. 103 (2012)

International Developments in Military Law, 17 Can. Crim. L. Rev. 83 (2013)

The Boards for Correction of Military and Naval Records: An Administrative Law Perspective, 65 Admin L. Rev. 499 (2013)

Judicial Administration
Befriending the Court: A Few Words on Amicus Briefs, 6 Legal Times 14, at 8 (Sept. 5, 1983)

The Strange Case of John Doe: Getting Anonymity in Federal Court, 6 Nat’l L.J. No. 26, at 20 (1984)

Judicial Recantation: Homage to Baron Bramwell, 71 Judicature 259 (1988)

A Pronouncing Dictionary of the Supreme Court of the United States, 15 Green Bag 2d 433 (2012) (co-author)

An American Indian Supreme Court, 2 Am. Ind. L.J. 1 (2013)

Energy and Environmental Law
Ten Years Under the Bartlett Act: A Status Report on the Prohibition on Foreign Fishing, 54 B.U.L. Rev. 703 (1974)

Fisheries Legislation: Naval Enforcement, 7 J. Mar. L. & Com. 351 (1976)

The Case of the Incidental Lobster: United States Regulation of Foreign Harvesting of Continental Shelf Fisheries Resources, 10 Int’l Law. 135 (1976)

International Relations and Nuclear Commerce: Developments in United States Policy, 8 L. & Pol. in Int’l Bus. 913 (1976) (with William O. Doub)

Hot Pursuit from a Fisheries Zone, 70 Am. J. Int’l L. 95 (1976)

Enforcement of the Fishery Conservation and Management Act: The Policeman’s Lot, 52 Wash. L. Rev. 513 (1977)

Liability for Oil Pollution: United States Law, 10 J. Mar. L. & Com. 476 (1979) (with Allan I. Mendelsohn)

The Assessment of Pollution Damage to Aquatic Resources: Alternatives to the Trial Model, 19 Santa Clara L. Rev. 641 (1979) (with Richard A. DuBey)

International Law and the Transportation of Plutonium and Spent Nuclear Fuel by Sea, 31 Int’l Law. 757 (1997)

Labor Law
Improving Competence in the Merchant Marine: Suspension and Revocation Proceedings, 45 Mo. L. Rev. 1 (1980)

The Nuclear Industry: Employee Protection Provisions of Federal Law, 110 Pub. Utils. Fortnightly No. 10 (1982) (with William C. Marcoux)

Federal Protection of Private Sector Health and Safety Whistleblowers, 2 Ad. L.J. 1 (1988)

Op-Eds and Miscellany
Let Us Now Praise Unfamous Men, N.Y. Times Op-Ed Page, May 4, 1985

Duvaliers and Marcoses Need an Elba, N.Y. Times Op-Ed Page, Feb. 15, 1986

Goodbye $, Hello “B”, N.Y. Times Op-Ed Page, July 15, 1991

Legis-flation, N.Y. Times Op-Ed Page, June 1, 1995

Ex-New Yorker ISO CB/RYE, N.Y.L.J., Mar. 25, 1996, at 2

Not by Corned Beef Alone: The Law of Salami, Pastrami and Chopped Liver, 19 Legal Times No. 2, at 22 (May 27, 1996)

Rethinking the Concept of Congressional Districts, The Hill, June 26, 1996, at 24

Sorry, 71 FED. REG. 1 (2006), 8 Green Bag 2d 155 (2005)

Judge Crater’s New York (Book Review), 8 Green Bag 2d 321 (2005)

What Should the U.S. Do About Gitmo?, Wash. Times, Dec. 7, 2008

Hearings on Motions: A Modest Proposal, Nat’l L.J., Dec. 22, 2008

Why Did the Cambodia Bombing Continue? 13 Green Bag 2d 321 (2010)

No Sanctuary for Dictators, 38 Yale J. Int'l L. Online 46 (2013)

How Federal Statutes Are Named, 105 L. Libr. J. 7 (2013) (co-author)