THE 4th ANNUAL

NATIONAL SECURITY LAW FACULTY WORKSHOP

May 19-20, 2011

The Judge Advocate General’s Legal Center and School

Charlottesville, VA

Hosts:

The Judge Advocate General’s Legal Center and School (U.S. Army)

The Robert S. Strauss Center for International Security and Law (University of Texas)

The University of Texas School of Law (Prof. Robert Chesney, co-host)

The South Texas College of Law (Prof. Geoff Corn, co-host)

The International Committee of the Red Cross

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The National Security Law Faculty Workshop, now in its fourth year, is a unique event. It brings civilian law faculty together with Judge Advocates for two days of article workshops intermixed with law of war training and debate.

As in years past, the format flips back-and-forth between workshop sessions with the IHL training/discussion sessions. We’ve found that this keeps everyone fresh and engaged. For the workshop sessions, we use a discussant format, with a relatively brief presentation of the paper by someone other than the author, followed by extensive Q&A among all attendees.

Whereas the event in the past has been held at Wake Forest and at UT, this year we are very pleased to announce that we are taking the show on the road to the U.S. Army Judge Advocate General’s Legal Center and School in Charlottesville, Virginia. We are very excited about this year’s venue. Since the inception of this Workshop, our goal has been to facilitate discussion between academics engaged in scholarship related to national security issues and the military lawyers responsible for putting law and theory into practice. We believe this year’s event will offer members of the civilian academy a unique opportunity to interact with JAG faculty and graduate students (the flagship course at TJAGLCS is the Graduate Course, where mid-career JAGs spend approximately 10 months in an LLM program), and to gain insight into the educational process for these military lawyers. We also know from past experience that these officers genuinely value the opportunity to benefit from the scholarly insights offered by their civilian counterparts in the conference.

Hosting the event at TJAGLCS will enable a considerably larger number of JAGs to participate. This will unfortunately limit the space available for civilian participation. Accordingly, the number of non-military participants will be limited to 20 (a maximum of five spots for the authors of papers to be discussed at the workshop sessions, and 15 others). These slots will be allocated based on a review of the abstracts, papers, and attendance requests submitted to Professors Chesney and Corn, who will review them in coordination with Lieutenant Colonel Jeff Bovarnick, the Chair of the International and Operational Law Faculty at TJAGLCS. In order to facilitate this process, we request that:

Would-be authors or attendees: Please submit your request to attend—or if you hope to present, please submit your draft or at least an abstract—to both Bobby Chesney () and Geoff Corn () no later than March 25, 2011.

Note for authors: please limit article submissions to drafts; published work, or work that is so far along in the publication process that it cannot be substantially altered by the time of the event, won’t be considered. It is fine, on the other hand, if you are so early in the process that you have only an abstract at the time of submission. The main thing is to have a substantial working paper two weeks prior to the event itself.

Note for attendees: all attendees are expected to read the papers selected for presentation (they’ll be circulated two weeks in advance), and to be active participants in the discussion sessions.

There is no registration fee or paperwork for those who are selected to attend. Assume that you will be responsible for all your travel and other expenses, however, though we do hope to underwrite or even provide some of the meals.

We are hoping to arrange for lodging at TJAGLCS in the same room used for students throughout the year (hotel-type rooms with en suite bathrooms). If so, we anticipate that the lodging costs will be somewhat less expensive than local hotels. We will provide further details on travel and lodging to those individuals selected to participate.

Please continue reading to see the agenda from last year’s event, which will give you a good sense of the structure we intend to follow for this year’s event:

Agenda For Last Year’s Event

Wednesday March 31

7:00-9:30 Welcome dinner (We’ll be in the “casual” restaurant at the AT&T Conference Center – “Gabriel’s” – the idea is to make it easy for late arrivals to join us if they want)

Thursday April 1 (The Eidmann Jury Room (room 2.310 on the map here) at the UT School of Law)

8:45-9:00 Introductions

9:00-10:00 Paper Presentation 1

Laura Donohue (Georgetown), The Long Shadow of State Secrets

Discussant: Bobby Chesney (Texas)

10:10-11:10 Instruction Block 1

LTC Jeff Bovarnick (TJAGLCS), Detention Operations and Detainee Review Boards in Afghanistan

11:20-12:20 Paper Presentation 2

Vijay M. Padmanabhan (Cardozo), Four Challenges to the Geneva Conventions Posed by Contemporary Conflicts (with John B. Bellinger, III)

Discussant: Scott Sullivan (LSU)

12:20-1:20 Lunch (including roundtable discussion of other attendees’ works-in-progress)

1:20-2:20 Instruction Block 2

Jamie Williamson (ICRC), IHL Hot Topics: Direct Participation in Hostilities, Air/Missile Warfare

2:30-3:30 Paper Presentation 3

Eric Jensen (Fordham) & Chris Jenks (Army), Detention and the Law of War

Discussant: Julian Davis Mortensen (Michigan)

3:40-4:40 Instruction Block 3

Discussion (led by Jamie Williamson, ICRC), IHL and the Future Battlefield

4:40-7:00 Free Time

7:15 Bus pickup at the AT&T Conference Center

7:30 – 9:30 Dinner at Garrido’s (Downtown Austin – bus will return to AT&T Center by around 9:45)

Friday April 2 (The Brown Room, LBJ Presidential Library – map here)

9:00-10:00 Instruction Block 4

Roundtable: Military Commissions

10:10-11:10 Paper Presentation 4

Sudha Setty (Western New England), Comparative Perspectives on Specialized Courts for Terrorism Trials

Discussant: John Ip (Auckland)

11:20-12:20 Instruction Block 5

Maj Jeremy Marsh (TJAGLCS), MAJ Greg Musselman (TJAGLCS), Military Operations at the intersection of International Criminal and International Human Rights Law

12:20-1:20 Lunch (including roundtable discussion of other attendees’ works-in-progress)

1:20-2:20 Paper Presentation 5

Kathleen Clark (Washington University), Congress’ Right to Counsel in Intelligence Oversight

Discussant: Jeff Kahn (SMU)

2:30-3:30 Instruction Block 6

MAJ Rob Barnsby (TJAGLCS), Intelligence Law

3:40-4:40 Paper Presentation 6

Paul A. Walker (Navy), Rethinking Computer Network “Attack”: Implications for Law and U.S. Doctrine

Discussant: Eric Jensen (Fordham)

4:40 – Event concludes; no formal dinner plans