Sunday, April 01, 2007

While I was away . . .

My stay in the Pearl of the Antilles was longer than I expected. (Those of you who know what I do for a living and who subscribe to a newspaper or own a television set probably already know why.) But I'm back.

In Saturday's post, the No Man discussed ACCA's Etibek decision. ACCA's web site includes Etibek in its "Published Army Opinions" file, but Etibek, which is labeled a Memorandum Opinion, sure doesn't look like a published opinion. Perhaps it was uploaded into the wrong location.

In other military justice news, CAAF has released the schedule for its 2007 Judicial Conference, which will be held on 16 and 17 May at Catholic University's law school. I'll be speaking about extraordinary writs the second day. The title of my lecture will be: Military writ practice: What still glitters after Goldsmith?

4 comments:

John O'Connor said...

The scope of the CAAF's writ power was affected by Goldsmith? Maybe somebody should have told the court. Hopefully, the reconfigured court will adhere to its statutory jurisdiction.

Anonymous said...

But aren't even chimps entitled to the common law writs of habeas and de homine repligiando (see 37 Golden Gate U.L. Rev. 219)? I know some of our military appellants may not be quite so smart or cute, but I'm not particularly upset that CAAF or the CCAs will still give some opportunity to have their claims heard. Is there any particular post-Goldsmith case that you have in mind?

Justin said...

Also while you were away, sir, the 32 came back in the Air Force Officers vs. Blackwater case out of Afghanistan:
http://content.hamptonroads.com/story.cfm?story=122138&ran=114488

John O'Connor said...

Well, Anonymous, off the top of my head I guess I would question how issuing writs regarding appointment of counsel for Supreme Court cert petitions falls within CAAF's jurisdiction post-Goldsmith. Someone's going to have to explain to me how such a writ protects CAAF's jurisdiction when CAAF has already decided the case.