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"Military Justice Reform: The Next Twenty Years"

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February 24, 2023
9:00 a.m.–1:00 p.m.

Laurence E. Hirsch '71 Classroom (Room 101)
John F. Scarpa Hall

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The American military justice system has undergone waves of reform, and the most recent of these took place over the last decade. Spurred by a growing concern over the prevalence of sexual violence in the military, this reform culminated in the removal of commanders' power to exercise prosecutorial discretion over a category of primarily sex-related offenses. With this sea change now past us, it is an appropriate time to ask: “What next?”

The topic of this year's symposium, “Military Justice Reform: The Next Twenty Years,” will address that issue. Leading scholars, jurists and practitioners will come together at ����ר�� Law to discuss the most salient questions surrounding contemporary military justice.

The Pennsylvania Continuing Legal Education Board has approved this symposium for 1.5��Substantive and 1 Ethical CLE credits. Please note registration for this event is required.��

The annual ����ר�� Law Review Symposium is named for Norman J. Shachoy '58 COE, '61 CWSL who served as Editor-in-Chief, Volume Six of the��. The naming was made possible through his generous support, along with that of his son N. James Shachoy '86 CWSL.

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Agenda

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9:00–9:15 a.m.

Welcome

Video Address by

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9:15–10:30��.��.
Panel 1: The Jurisdictional Boundary Between Military & Civilian Criminal Justice

The first panel will feature experts discussing the desirability of continuing to maintain a separate military justice system or separate military courts.

Panelists:

• , Visiting Lecturer in Law, Yale Law School; Adjunct Professor of Law, NYU Law School; and Of counsel, Feldesman Tucker Leifer Fidell LLP
• , Assistant Professor of Law, Antonin Scalia Law School, George Mason University
• , Senior Associate Deputy General Counsel for Military Justice and Personnel Policy, Department of Defense, Office of General Counsel
  

Moderated by Chief Judge Emeritus Scott W. Stucky, Senior Judge��of the United States Court of Appeals for the Armed Forces

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10:30–10:45 a.m.
Break

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10:45 a.m.–12:00 p.m.
Panel 2: Unlawful Command Influence: Ethical & Legal Issues

This discussion will explore the continuing effects of unlawful command influence, which occurs when a person bearing "the mantle of command authority" uses their authority to influence the outcome of military judicial proceedings.

Panelists:

• , Major in the U.S. Army and Academy Professor of Law, Department of Law at the U.S. Military Academy
• , Assistant Professor of Law and Director of the Litigation and Dispute Resolution Center, Mississippi College School of Law
• , the Irwin R. Buchalter Professor of Law, Southwestern Law School and former judge advocate in the U.S. Air Force

Moderated by the , the J.J. Clynes Endowed Visiting Professor, Notre Dame Law School and Senior Judge on the U.S. Court of Appeals for the Armed Forces

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12:00–12:15 p.m.
Break

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12:15–12:45 p.m.
A Fireside Chat with Judge Tia Johnson

A fireside chat with Judge Tia Johnson about her life and path to becoming a judge on the U.S. Court of Appeals for the Armed Forces.

,��Judge on the U.S. Court of Appeals for the Armed Forces; Adjunct Professor of Law & former Director, National Security Law LLM Program, Georgetown Law; and Visiting Fellow, Georgetown's Center on National Security and the Law

Moderated by Brenner Fissell,��Associate Professor of Law, Charles Widger School of Law

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12:45–1:00 p.m.
Closing