Eugene R. Fidell
Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law
Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law at Yale Law School. Since graduation from Harvard Law School in 1968, he has been a partner at LeBoeuf, Lamb, Leiby & MacRae and Feldesman Tucker Leifer Fidell LLP, where he is currently of counsel.
FULL BIOGRAPHY
Contact Information
- Room 235
- 203-432-4852
- eugene.fidell@yale.edu
Faculty Assistant
Rebekah Doyle
- 203-432-2198
- rebekah.doyle@yale.edu
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
Eugene R. Fidell is the Florence Rogatz Visiting Lecturer in Law and Senior Research Scholar in Law at Yale Law School. Since graduation from Harvard Law School in 1968, he has been a partner at LeBoeuf, Lamb, Leiby & MacRae and Feldesman Tucker Leifer Fidell LLP, where he is currently of counsel. He served in the U.S. Coast Guard from 1969 to 1972 as a judge advocate, and has continued to be actively involved in military legal matters, serving from 1991 to 2011 as president of the National Institute of Military Justice. He began teaching at Yale in 1993, and has also taught at Harvard Law School and the American University Washington College of Law. He is Life Member of the American Law Institute. He has written on labor, environmental, energy, and military law, as well as judicial administration, and often serves as a commentator for domestic and foreign news media. He is married to Linda Greenhouse, the Knight Distinguished Journalist in Residence and Joseph Goldstein Senior Fellow at Yale Law School.
Monday, December 17, 2018
Green Beret’s wife welcomes President Donald Trump’s offer to review murder case
ABC News
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
Task & Purpose
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
Miami Herald
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
Stars and Stripes
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
St. Louis Post-Dispatch (Missouri)
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
USNI News
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
Delaware Online
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
USA Today
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?
The Washington Post
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
Military.com
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
The Chicago Tribune
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
The Huffington Post
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
The New York Times Magazine
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
Independent Journal Review
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
SFGate
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
CNN
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
The Washington Post
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
Stars and Stripes
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
Sputnik
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
Stars and Stripes
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
US News & World Report
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
Stars and Stripes
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
Standard Republic
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
The San Diego Union Tribune
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
San Francisco Chronicle
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
Just Security
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
National Public Radio/ Morning Edition
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
San Francisco Chronicle
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
National Public Radio/ KAZU
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
US News and World Report
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
The Virginian-Pilot
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
Washington Post
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
Idaho Statesman
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
Detroit Free Press
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
CNN Wire
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
U.S. News & World Report
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
The Charlotte Observer
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
The New York Times
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
The New York Times
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
The Washington Post
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
Stars and Stripes
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
WAMU/ The Diane Rehm Show
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
Fayetteville Observer
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
The New York Times
Florence Rogatz Visiting Lecturer in Law Eugene Fidell is quoted in an editorial.
Wednesday, November 16, 2016
Judge moves Bergdahl court-martial back up
WRAL
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
The Hill
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?
Los Angeles Times
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?
Merced Sun-Star
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.
Washington Post Blogs
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
CNN
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
USA Today
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
Spokesman Review
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
The Washington Post
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
Fayetteville Observer
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
Washington Post
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
The New York Times
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
US News & World Report
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
The New York Times
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
CNN
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?
Politico
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
The Virginian-Pilot
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
Fayetteville Observer
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
Courthouse News Service
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?
The Washington Post
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
The New York Times
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.
Washington Post Blogs
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
Texas Public Radio
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
Fayetteville Observer
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
Time Magazine
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
WNPR
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
Miltary.com
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
The Tampa Tribune
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
The New York Times
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
Times Record (Fort Smith, AR)
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
The New York Times
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
HuffPost Live
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
The New York Times
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
KATC/ Associated Press
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
The New York Times
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
The New York Times
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
Bowe Bergdahl’s Army investigation just proceeded to the next step, lawyer says
The Washington Post
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.
Monday, October 5, 2015
US strike on MSF hospital in Kunduz poses tough legal questions
Al Jazeera America
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.
Sunday, October 4, 2015
Experts: Mitigating factors could affect Bergdahl case
Stars and Stripes
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
Chicago Tribune
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
U.S. News & World Report
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
The New York Times
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
Topeka Capital Journal
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
Politico
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
The Boston Globe
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?
US News
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
The Los Angeles Times
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
Military Times
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
Berkeleyside
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
The Washington Post
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
The Gazette (Colorado)
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
Idaho Statesman
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
Stars and Stripes
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)