Joshua Kastenberg

University of New Mexico - School of Law

Professor

1117 Stanford, N.E.

Albuquerque, NM 87131

United States

  • University of New Mexico - School of Law

SCHOLARLY PAPERS

17

DOWNLOADS

808

SSRN CITATIONS

1

CROSSREF CITATIONS

3

Scholarly Papers (17)

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1.

Non-Intervention and Neutrality in Cyberspace: An Emerging Principle in the National Practice of International Law

Air Force Law Review, No. 64, 2009
Number of pages: 22 Posted: 12 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 125 (432,691)

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2.

Safeguarding Judicial Integrity During the Trump Presidency: Richard Nixon's Attempt to Impeach Justice William O. Douglas and the Use of National Security as a Case Study

Campbell Law Review, Vol. 40, No. 1, 2018, UNM School of Law Research Paper No. 2018-15
Number of pages: 60 Posted: 07 Nov 2018 Last Revised: 09 Nov 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 73 (616,364)

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3.

Cause and Effect: The Origins and Impact of Justice William O. Douglas’ Anti-Military Ideology from World War II to O’Callahan V. Parker

Thomas M. Cooley Law Review, Vol. 26, Winter 2009
Number of pages: 110 Posted: 12 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 67 (645,121)

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4.

Chief Justice William Howard Taft's Conception of Judicial Integrity: The Legal History of Tumey v. Ohio

Cleveland State Law Review, Forthcoming, UNM School of Law Research Paper No. 2017-03
Number of pages: 94 Posted: 27 Apr 2017
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 65 (655,173)
Citation 1

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5.

Fears of Tyranny: The Fine Line Between Presidential Authority Over Military Discipline and Unlawful Command Influence Through the Lens of Military Legal History in the Era of Bergdahl

Hofstra Law Review, Vol. 49, No. 1, UNM School of Law Research Paper No. 2020-08
Number of pages: 52 Posted: 20 Aug 2020 Last Revised: 27 Aug 2021
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 58 (692,265)

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Runkle v. United States, McClaughry v. Deming, Grafton v. United States, lex non-scripta

6.

National Security and Judicial Ethics: The Exception to the Rule of Keeping Judicial Conduct Judicial and the Politicization of the Judiciary

The Elon Law Journal, Vol. 12, No. 2, 2020, UNM School of Law Research Paper, No. 2020-05
Number of pages: 36 Posted: 26 Jun 2020
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 57 (697,684)

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7.

Safeguarding Judicial Integrity by Making the Executive Branch's Unfettered Amicus Gateway Transparent: An Argument for the Supreme Court to Exercise Its Inherent Authority to Make Public the President's Tax and Investment Records

North Illinois University Law Review, Forthcoming, UNM School of Law Research Paper No. 2017-15
Number of pages: 43 Posted: 27 Nov 2017
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 55 (709,158)

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Amicus Practice, Legal History, Ethics, Government, Judiciary

8.

Alcohol Prohibition in the New Mexico and Arizona State Judiciaries at 100 Years: The Development of Law and Shaping of Society in the Southwest

New Mexico Law Review, Vol. 50, No. 3, 2020, UNM School of Law Research Paper No. 2020-11
Number of pages: 37 Posted: 13 Nov 2020
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 53 (720,843)

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9.

Reassessing the Ahistorical Judicial Use of William Winthrop and Frederick Bernays Wiener

Journal of National Security Law and Policy, Forthcoming, UNM School of Law Research Paper No. 2021-21
Number of pages: 13 Posted: 06 Dec 2021
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 47 (758,792)

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10.

Nearing Thirty Years: The Burger Court, Strickland v. Washington, and the Parameters of the Right to Counsel

Journal of Appellate Practice and Process, Vol. 14, No. 2, 2013, UNM School of Law Research Paper
Number of pages: 51 Posted: 11 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 40 (807,952)

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11.

Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (And Quasi-Military) Operations

Southwestern University Law Review, Vol. 46, No. 3, 2017, UNM School of Law Research Paper No. 2018-06
Number of pages: 23 Posted: 10 Jan 2018 Last Revised: 23 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 33 (863,877)

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12.

Evaluating Judicial Standards of Conduct in the Current Political and Social Climate: The Need to Strengthen Impropriety Standards and Removal Remedies to Include Procedural Justice and Community Harm

Albany Law Review, Vol. 82, No. 4, 2019, UNM School of Law Research Paper No. 2019-12
Number of pages: 58 Posted: 30 Sep 2019
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 30 (889,668)

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13.

Changing the Paradigm of Internet Access from Government Information Systems: A Solution to the Need for the Dod to Take Time-Sensitive Action on the Niprnet

Air Force Law Review, Vol. 64, 2009
Number of pages: 36 Posted: 12 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 29 (898,618)

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14.

Recent Proposals to Change the Traditional Military Retirement System to Mirror the Federal Service Retirement: Eroding Discipline and Civil-Military Relations Through Potentially Unlawful and Certainly Questionable Acts

Creighton Law Review, Vol. 46, 2013
Number of pages: 24 Posted: 12 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 27 (917,207)

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15.

Hugo Black's Vision of the Lawyer, the First Amendment, and the Duty of the Judiciary: The Bar Applicant Cases in a National Security State

William and Mary Bill of Rights Journal, Vol. 20, No. 3, 2012
Number of pages: 100 Posted: 12 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 25 (936,178)

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16.

The Right to an Independent Judiciary and the Avoidance of Constitutional Conflict: The Burger Court's Flawed Reasoning in Chandler V. Judicial Council of the Tenth Circuit and Its Unfortunate Legacy

St. Mary’s Journal on Legal Malpractice & Ethics, Vol. 8, No. 1, 2017, UNM School of Law Research Paper No. 2018-08
Number of pages: 69 Posted: 01 Mar 2018
Joshua Kastenberg
University of New Mexico - School of Law
Downloads 24 (946,078)

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17.

War Time Hysteria, 1917: Senator Miles Poindexter, 'American-Ness,' and the Strange Case of Colonel Carl Reichmann

UNM School of Law Research Paper No. 2017-05
Posted: 05 Dec 2016 Last Revised: 19 Jan 2018
Joshua Kastenberg
University of New Mexico - School of Law

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Civil Military Relations, World War I, Army, United States, Anti-German Prejudice, Congress