Eugene R. Fidell

Florence Rogatz Visiting Lecturer in Law (spring term) and Senior Research Scholar in Law

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 Fidell

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



Global Military Justice Reform


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)