The latest issues of Naval Law Review are up on the Navy JAG website, here. A few months back we bemoaned their absence from the web, here, but all is well in Newport, RI and they are back up. I won’t preview all the relevant articles, but ones that caught my attention (and CAAFlog’s back in February) were:
Wexler, Ian, A Comfortable SOFA: The Need for An Equitable Foreign Criminal Jurisdiction Agreement with Iraq (making an interesting argument about the Iraqi SOFA in light of recent events, see here and here).
Rush, Trevor, Mayfield, FISA, and the Fourth Amendment (arguing, I believe, for the constitutionality of FISA after Mayfield).
Gonzalez, David M., The Continuing Fallout From Crawford
Lofland, Keith B., The Neglected Debate Over Sexual Assault Policy in the Military
Ahmad, Syed, The Unconstitutional Prosecution of the Taliban Under the Military Commissions Act (from the intro, the article argues that “the declaration that detained Taliban are unlawful enemy combatants is in violation of the law of war, and, as a result, Congress exceeded its authority under Article I, section 8, clause 10 of the U.S. Constitution by subjecting members of the Taliban to trial by a military commission.”—or my alternate description, “How to become persona non grata at DoD OGC.”)
Hudson, Faralick, and Sautter, Lightning But No Thunder: The Need For Clarity in Military Courts Regarding the Definition of Mental retardation in Capital Cases and for Procedures in Implementing Atkins v. Virginia.
H/T to LCDR Wexler