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Ave Maria Law Publications: Milhizer

Publications directory

Professor Milhizer

Eugene R. Milhizer
Dean Emeritus and Professor

As an Army Judge Advocate, Dean Milhizer participated in hundreds of appeals, tried scores of criminal cases, and served in multiple leadership positions. For three years, he held a teaching appointment at the Judge Advocate General’s School at the University of Virginia. In 2001, he joined the Ave Maria faculty and his course offerings have included Criminal Procedure, Criminal Law, National Security Law, and Military Law. Dean Milhizer has been an invited presenter at law schools across the country and his legal scholarship has been published in many prestigious law journals. In May 2006, he was appointed Associate Dean for Academic Affairs and in April 2009, he was appointed Interim and then Acting Dean of the Law School. During the summer of 2009, under his leadership, the Law School successfully accomplished the unprecedented feat of relocating from Michigan to Florida. In January 2010, Dean Milhizer was appointed the Law School’s second President and Dean.

SSRN

The Morality and Legality of the HHS Mandate and “Accommodations,” 11 Ave Maria Law Review 211 (2013).

Debunking Five Great Myths about the Fourth Amendment Exclusionary Rule, 211 Military Law Review 211 (2012).

“The Exclusionary Rule Lottery” Revisited, 59 Catholic University Law Review 747 (2010).

So Help Me Allah: An Historical and Prudential Analysis of Oaths as Applied to the Current Controversy of the Bible and Quran in Oath Practices in America, 70 Ohio State Law Journal 1 (2009).

Confessions after Connelly: An Evidentiary Solution for Excluding Unreliable Confessions, 81 Temple Law Review 1 (2008).

The Exclusionary Rule Lottery, 39 Toledo Law Review 755 (2008).

Rethinking Police Interrogation: Encouraging Reliable Confessions While Respecting Suspects’ Dignity, 41 Valparaiso Law Review 1 (2006).

Group Status and Criminal Defenses: Logical Relationship or Marriage of Convenience?, 71 Missouri Law Review 547 (2006).

Justification and Excuse: What They Were, What They Are, and What They Ought to Be, 78 St. John’s Law Review 725 (2004).

“Don’t Ask, Don’t Tell”:  A Qualified Defense, 21 Hofstra labor & Employment Law Journal 349 (2004).

Murder without Intent: Depraved-Heart Murder under Military Law, 133 Military Law Review 205 (1991).

Voluntary Intoxication as a Criminal Defense under Military Law, 127 Military Law Review 131 (1990).

Necessity and the Military Justice System: A Proposed Special Defense, 121 Military Law Review 95 (1988).

The Military Death Penalty and the Constitution: There is Life after Furman, 97 Military Law Review 35 (1982).

Law-Related Publications (Selected)

Why Ave Maria School of Law is Suing the Obama Administration, Res Gestae:  The Official Publication of the Lee County Florida Bar Association, January 2014, at 16.

Guns and the Second Amendment, reprinted in America’s 1st Freedom, October 2013, at 68.

Reflections on the Fiftieth Anniversary of Gideon v. Wainwright, Adverse Witness: The Official Publication of the Collier County Florida Bar Association, October 2013, at 9.

Legal Education for the Public, Res Gestae:  The Official Publication of the Lee County Florida Bar Association, April 2014, at 8.

The Fourth Amendment Exclusionary Rule as an Article of Faith, 40 Search and Seizure Law Reporter 1 (January 2013) (West).

Terrorism entry in IV New Catholic Encyclopedia Supplement 2012-13: Ethics and Philosophy (Robert L. Fastiggi., ed. 2013), at 1513 (co-author).

Silence and the Right to Remain Silent, Res Gestae:  The Official Publication of the Lee County Florida Bar Association, Aug. 2013, at 13.

Command Authority and Sex Offenses, Res Gestae:  The Official Publication of the Lee County Florida Bar Association, Jul. 2013, at 13.

Miranda Rights and Terrorists, Res Gestae:  The Official Publication of the Lee County Florida Bar Association, Jun. 2013, at 14.

Guns, Bombs, Natural Rights and the Second Amendment, Legatus Magazine, Jul./Aug. 2013, at 22.

Gun Control, the Second Amendment and Your Natural Rights, Res Gestae:  The Official Publication of the Lee County Florida Bar Association, May 2013, at 14.

The Morality and Legality of the HHS Mandate and “Accommodations,” Res Gestae:  The Official Publication of the Lee County Florida Bar Association, Mar. 2013, at 13.


Introduction to Religion, Law and the Moral Crisis:  A Short History of What Happened by Joseph Mauceri, M.D (2005, second printing 2011).

The Exclusionary Rule Lottery, 36 Search and Seizure Law Reporter 1 (West) (January 2009).

Reflections on the Catholic Bishops’ Statement about Deterrence, 99 Social Justice Reporter 69 (2008).

Should Peremptory Challenges be Retained in the Military Justice System in Light of Batson v. Kentucky and its Progeny?, The Army Lawyer, Oct. 1992, at 10 (co-author).

United States v. Clear: Good Idea – Bad Law, The Army Lawyer, Jun. 1992, at 7.

Indecent Acts as a Lesser Included Offense of Rape, The Army Lawyer, May 1992, at 3.

Safe Sex…or Else: Using the Court-Martial System in the Military to Limit the Spread of Aids, A.B.A. Crim. Just. Mag., Winter 1991, at 16.

Battery without Assault, The Army Lawyer, Oct. 1991, at 4.

Maiming as a Criminal Offense under Military Law, The Army Lawyer, May 1991, at 5.

Mistake of Fact and Carnal Knowledge, The Army Lawyer, Oct. 1990, at 3.

Endangering Others: The Military’s Approach for Controlling HIV Transmission, A.B.A. Judges’ J., Summer 1990, at 34.

United States v. Collier and the Divestiture Defense, The Army Lawyer, Mar. 1990, at 3.

Involuntary Manslaughter and Drug-Overdose Deaths: A Proposed Methodology, The Army Lawyer, Mar. 1989, at 10.

Legality of the ‘Safe-Sex’ Order to Soldiers Having AIDS, The Army Lawyer, Dec. 1988, at 4.

Effective Date of Forfeitures Adjudged in Capital Cases: Receiving Pay on Death Row, The Army Lawyer, Feb. 1983, at 27.

Book Publications

Crimes and Defense Deskbook, JA337 (Eugene R. Milhizer, ed., 1990-1993) (prepared by and for the Judge Advocate General’s School)

Book Chapter

Voluntary Intoxication under Military Law, in Principles of Practice of Military Forensic Psychiatry (R. Gregory Lande & David T. Armitage, eds., 1997), ch. 7, at 155 (co-author)

Subject Guide

Profile Photo
Ulysses Jaen
Contact:
1025 Commons Circle, Naples,
Florida 34119-1376
(239)687-5501 Tel.
Website

Presentations/Conferences/Seminars/Media (Selected)

LAW SCHOOLS, UNIVERSITIES, COLLEGES and Academic Venues

Criminal Justice Society, Participated in a panel discussion entitled “Reflections on Criminal Litigation” (April 2, 2014)

Ave Maria School of Law.  Presentation entitled “Principles of Criminal Punishment” (January 22, 2013)

Florida Atlantic University.  Participated in a panel discussion entitled “Health Care and the Constitution:  Moral and Legal Issues” (October 4, 2012)

Franciscan University of Steubenville.  Featured speaker.  Presentation entitled “The Morality and Legality of the Health and Human Services Mandate and Accommodation” (March 30, 2012)

The Judge Advocate Generals School.  Featured lecturer.  Presented a paper entitled “Debunking Five Great Myths about the Fourth Amendment Exclusionary Rule” at the 54th Judges Course (May 5, 2011)

Yale Law School.  Participated in a panel discussion about the military’s Don’t Ask, Don’t Tell policy entitled “JAG under DADT: Should Gays be allowed to Serve in the Military, and if not, Should You Serve?” (October 6, 2006)

Wayne State University School of Law.  Participated in a debate entitled “The Constitutionality and Legality of the Federal Terrorist Surveillance Program” (April 5, 2006)

University of Michigan Law School.  Participated in a debate entitled "’Don't Ask, Don't Tell’ and the Solomon Amendment:  Military Recruiting on Law School Campuses” (April 4, 2005)

Hofstra School of Law (Maurice A. Deane School of Law at Hofstra).  Participated in a panel discussion entitled “Don’t Ask, Don’t Tell: 10 Years Later” (September 19, 2003)

Thomas M. Cooley Law School. Participated in a panel discussion entitled “The Exclusionary Rule and Judicial Integrity” (July 18, 2003)

Society of Catholic Social Scientists Conference. Ave Maria School of Law.  Moderated a panel discussion and presented on the topic, “Catholic Reflections on Crime and Punishment” (October 26, 2001)

Ave Maria School of Law.  Distinguished Speaker Series; panelist in a presentation entitled “Terrorism:  Legal and Moral Implications” (September 20, 2001)

PRACTITIONER ORGANIZATIONS

Featured Speaker, Collier County Bar Association, Lee County Bar Association and similar organizations throughout Florida (2008-present)

State Bar of Michigan Assembly, Lansing, Michigan.  Lead participant in a debate on a Resolution Pertaining to President Bush’s Order Authorizing Military Tribunals (January 26, 2002)

Annual Appellate Attorney Conference, Washington, DC.  Featured presenter.  Presentation entitled “Effective Appellate Advocacy” (April 23, 1999)

Annual Meeting of Army Defense Lawyers, Fort Meade, Maryland.  Featured presenter.  Presentations entitled “Effective Trial Advocacy” (1997 and 1998)

Taught CLE and practitioner classes on criminal law and procedure topics to civilian practitioners, reservists and active duty judge advocates across the United States (California, Florida, Hawaii. Indiana, Kansas, Kentucky, Maryland, Michigan, Ohio, New Jersey, Tennessee, Virginia and Washington DC) and throughout the world (Germany, Guam, Japan, South Korea, Okinawa, and the Philippines)

RELIGIOUS ORGANIZATIONS

Legatus – Naples, Florida Chapter.  Featured speaker.  Presentation entitled “Updates and Predictions about the HHS Mandate” (August 8, 2013)

Inn at St. John’s, Plymouth, Michigan.  Featured speaker.  Presentation entitled “Religious Freedom and the HHS Mandate” (June 11, 2013)

Christian Legal Society, Chicago, Illinois.  Featured speaker.  Presentation entitled “Religious Freedom and the HHS Mandate” (May 1, 2013)

Naples, Florida.  Featured speaker.  Presentation entitled “Defending the Faith:  Why the Federal Government’s Contraception Mandate Threatens Religious Freedom” (April 18, 2013)

Diocese of St. Petersburg, Florida.  Featured speaker.  Presentation entitled “Religious Freedom, the HHS Mandate and the Catholic Church” (February 20, 2013)

Northwest Wayne Vicariate, Redford, Michigan.  Featured speaker.  Presentation entitled “Moral and Legal Issues Concerning the HHS Mandate” (December 11, 2012)

St. Agnes Catholic Church, Naples, Florida.  Featured speaker.  Presentation entitled “Moral and Legal Issues Concerning the HHS Mandate” (October 31, 2012)

St. William Catholic Church, Naples, Florida.  Featured speaker.  Presentation entitled “Foundations of Religious Freedom” (October 10, 2012)

Legatus – Seattle, Washington Chapter.  Featured speaker.  Presentation entitled “The HHS Mandate and Religious Freedom” (September 12, 2012)

Legatus – Portland, Oregon Chapter.  Featured speaker.  Presentation entitled “The HHS Mandate and Religious Freedom” (September 11, 2012)

Diocese of Arlington, Virginia. Featured speaker.  Presentation entitled “The HHS Mandate and Religious Freedom” (August 3, 2012)

Legatus - Lexington, Kentucky Chapter.  Featured speaker.  Presentation entitled “Legal and Moral Aspects of the HHS Mandate” (July 12, 2012)

Nassau County Catholic Guild, Nassau County, New York.  Featured speaker (February 3, 2012)

Town Hall Speaker Series, Ave Maria, Florida.  Featured speaker (November 3, 2010)

Faith and Ale Speaker Series, Naples, Florida. Featured speaker (October 21, 2009)

St. Thomas More Guild Luncheon, Buffalo, New York. Featured speaker.  Presentation entitled “Reflections on St. Thomas More” (June 8, 2007)

OTHER

Co-host of the weekly radio program “The Advocate,” addressing topics involving law and culture (2006 – 2012)

Frequent guest and commentator on national network television and nationally syndicated radio (including Fox News Network, EWTN, National Catholic Radio, Relevant Radio, Sirius Radio, Kresta in the Afternoon), as well as local television, radio and print media throughout the country.  Topics addressed include criminal law and procedure, religious freedom, constitutional law, national security law, military law, legal education, the Supreme Court, politics and the economy.

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