Oral Argument

Episode 137: Steve Vladeck Pincer Move


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Where federal courts, national security, and subtle but important problems lurk, you’ll find Steve Vladeck explaining things. Steve joins us to talk about a seemingly narrow question of the proper application a statute prohibiting civil-office holding by military officers. The issue, though, could hardly be more far-reaching, asking us to consider the principles of civilian control of the military and military non-control of civil life. Also, a little on the use of “treason” to describe the allegations of the Trump campaign’s collusion with Russian operatives and Flynn’s work for Turkey.

This show’s links:

  • Steve Vladeck’s faculty profile, academic writing, and blogging on Lawfare
  • The National Security Law Podcast and in particular episode 21: A Military Commissions Deep Dive
  • Steve Vladeck, An Unconventional Test Case for Civilian Control of the Military
  • SCOTUSblog page for Dalmazzi v. United States (containing links to the opinion below and all briefing)
  • Edmond v. United States
  • In re Al-Nashiri
  • Steve Vladeck, The Misbegotten Court of Military Commission Review
  • Christian Turner, Submarine Statutes
  • William Eskridge and John Ferejohn, Super-Statutes
  • Kathleen McInnis, Statutory Restrictions on the Position of Secretary of Defense: Issues for Congress (an excellent and highly readable Congressional Research Service report on civilian control of the military and civil-military relations)
  • Steve Vladeck, [Calling it] Treason Doth Never Prosper…
  • Diane Mazur, A More Perfect Military
  • Special Guest: Steve Vladeck.

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    Oral ArgumentBy Joe Miller and Christian Turner

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