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Law Professor Publishes on the Military Commissions Act of 2006

For Professor Ben Madison, the prosecution of the criminally accused is more than a common feature of our legal system: it’s a principle found in the majority of philosophical systems, one with roots in the Judeo-Christian tradition.

Madison is interested in applying a Judeo-Christian understanding of justice to the pressing legal questions of our time, specifically within the domain of cases tried under the Military Commissions Act of 2006 (MCA).

In his most recent article, Madison argues that the MCA helps ensure the integrity of justice by allowing for flexibility in the handling of classified evidence – the disclosure of which often results in the dismissal of a case. He also explores how the MCA informs the quest to balance societal justice with individual justice, and offers suggestions as how the MCA can be further improved towards this end.

According to Madison, “Scholarship in this area has been ideologically one-sided. This article objectively looks at the MCA as a corrective to lopsided arguments against it.” A government attorney, expert in scholarship regarding military tribunals, considers Madison’s article a “fair, thoughtful and encouraging piece of scholarship.”

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