Air Force Lieutenant Colonel Joshua Kastenberg, the author of the recent biography of Colonel Winthrop that is now in the CAAFlog library, has published the following article: A Sesquicentennial Historic Analysis of Dynes v. Hoover and the Supreme Court’s Bow to Military Necessity: From its Relationship to Dred Scott v. Sandford to its Contemporary Influence, 39 U. Mem. L. Rev. 595 (2009).

3 Responses to “Military justice scholarship alert”

  1. John O'Connor says:

    Congratulations to LTC Kastenberg.

    I think scholarly writing should be more prevalent among JAGs, and not just publishing JAG school theses in the MLR. Obviously, scholarly writing has the benefit of improving the quality of one's writing — the more you write, the better you'll get at it, and it improves advocacy writing even though it's a very different type of writing. I think JAGs have a reputation as a group as being high-character (except Navarre), industrious lawyers who are good on their feet, with writing being less developed in the JAG corps than in private practice (I know there are exceptions and one might not even think that's a fair generalization, but I do think that's the perception). Any chance to hone writing skills is worthwhile.

    In addition, scholarly writing tests the author's legal reasoning because you usually have to master multiple areas of the law and account for a number of different legal concepts and make them all fit together in your mind before (or at the same time) you're putting them on paper. It helps mature your legal reasoning.

    I looked on the U. Memphis website, and the article isn't available there (though there is a link on the site where I can sign up to have someone take the SAT for me — just kidding, sort of). If someone has a copy they can email me, I'd appreciate it. I assume the article deals with military deference in some substantial way, which is an area of interest for me.

  2. Anonymous says:

    I have a lot of respect for Lt Col Katensberg and I would like to read the article if it was posted online.

    Even though my next comment is in the same post; it has nothing to do with with his article.

    ….I have always been meaning to post on that Army review article that footnoted Sir Cloudesley. First, I'll fully disclose that I've never had an article published; but, I can't image how it would be academically credible to quote a blog post from an unidentified source. Sir Cloudesley is obviously very intelligent and I'm sure the insiders know that he is probably highly placed in government, but a law review article needs to source their footnotes. Heck, Cossio sometimes makes good points to.

  3. Cossio says:

    Let's play a game.

    The day Cossio ever finds its name in a legal opinion (other than being the Defendant) is likely to occur after what other unlikely senario;

    a.) The Cubs winning the world series

    b.) Hell Freezing Over

    c.) Significant changes in the UCMJ are made eliminating CCAs

    d.) The liberal media finally understands that Chairman Obama couldn't run a hotdog stand let alone General Motors.

    e.) All the above AND me prevailing in any of my appeals.