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Law Review Symposia

The Military Commissions Act of 2009: The Military Commissions Act of 2009: Back to the Future or the Fix for a Flawed System?Back to the Future or the Fix for a Flawed System?

Friday, February 19, 2010
Sponsored by the University of Toledo Law Review

Download Symposium Brochure

In October 2009, President Obama signed the 2010 National Defense Authorization Act, which included a package of important changes to the Military Commissions Act of 2006. This symposium will address the legal and practical consequences of the revisions and what they mean in light of the recent decision to try several high-profile terror suspects in Article III courts, and others by military commission.

The current Military Commissions Act was predicated on the idea of fixing a flawed system, one that betrayed core American values. Questions remain over the constitutionality of the Act itself, the costs and benefits of commissions versus courtrooms, and the creation of a two-tier system of justice. Experts from academia, government, private practice, and the judiciary will debate these and other questions in this day-long event. Panels include: A View From the Bench, Perspectives from the Frontline, and The 2009 Military Commissions Act - the Fix for a Flawed System


8:15 – 8:45 a.m REGISTRATION
8:45 – 8:50 a.m. OPENING REMARKS
Douglas E. Ray, Dean, The University of Toledo College of Law
James G. Carr, Chief Judge, Northern District of Ohio
9 – 10:15 a.m. PANEL 1: A VIEW FROM THE BENCH Moderator: Hon. James G. Carr, Chief Judge, Northern District of Ohio
Panelists: Hon. Gerald E. Rosen, Chief Judge, Eastern District of Michigan
Hon. Marcia G. Cooke, Judge, Southern District of Florida
10:15 – 10:30 a.m. BREAK
Moderator: Jonathan Witmer-Rich, Assistant Professor of Law, Cleveland State University
Panelists: Justin Herdman, Asst. U.S. Attorney, U.S. Atty’s Office-Cleveland
Joshua L. Dratel, Defense Attorney,
Law Offices of Joshua Dratel
Darin Thompson, Asst. Federal Public Defender, Northern District of Ohio
Vicki Werneke, Asst. Federal Public Defender, Northern District of Ohio
12:15 – 1:30 p.m. LUNCH & KEYNOTE SPEAKER
John Q. Barrett, Professor of Law, St. John’s University School of Law
1:30 – 3 p.m. PANEL 3: THE 2009 MCA – THE FIX FOR A FLAWED SYSTEM? Moderator: Robert N. Strassfeld, Professor of Law,
Case Western University School of Law;
Director, Institute for Global Security Law and Policy
Panelists: Capt. Glenn M. Sulmasy, Professor of Law, U.S. Coast Guard Academy
Amos Guiora, Professor of Law, S.J. Quinney College of Law, University of Utah
John Rizzo, former Acting General Counsel, Central Intelligence Agency


The program will be held at The University of Toledo College of Law Auditorium. Directions and lodging information.

Fees and Registration

$75 for 4.5 Hours of CLE (application pending with the Supreme Court of Ohio)
Students may attend the symposium free of charge
Lunch available (limited seating; advance registration required)
Lunch sponsored by the Federal Bar Association’s Northern District of Ohio Chapter.


Last Updated: 2/2/18