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Michael W. Lewis

Title:

Professor of Law

Office:

Tilton Hall #196

Phone #:

419-772-2223

Fax #:

419-772-3514

Email:

m-lewis@onu.edu

Biography:

Professor Lewis joined the Ohio Northern faculty in August, 2006. Lewis flew F-14's for the United States Navy in Operation Desert Shield, conducted strike planning for Desert Storm and was deployed to the Persian Gulf to enforce the no-fly zone over Iraq. He was a Topgun graduate in 1992 and was featured in a NOVA documentary on Topgun and aircraft carriers.

After his naval service, Lewis graduated from Harvard Law School, cum laude, was a management consultant with McKinsey and Company, and served as a litigation associate with McGuireWoods, LLP, in Norfolk, Virginia.

Professor Lewis has published more than a dozen articles and essays on various aspects of the law of war and the conflict between the US and al Qaeda. His work has been cited by the Seventh, Ninth and Eleventh Circuit Courts of Appeals. He has testified before Congress on the legality of drone strikes in Pakistan and Yemen and on the civil liberties tradeoffs associated with trying some Al Qaeda members or terrorist suspects before military commissions. His op-eds have appeared in numerous media outlets including the LA Times and the New York Post and he has appeared on Public Radio International to discuss the increasing use of armed drones in warfare. He has delivered scores of presentations and panel presentations before military and law school audiences alike including presentations to the international Military Operations Law conference in Queensland, Australia, the US Army's JAG School in Charlottesville, VA and law school events at Stanford, Chicago, Columbia, Penn, Duke, Texas and Northwestern among others.

Professor Lewis received the Award for Excellence in Classroom Teaching for the 2007-08 academic year.

He currently teaches Commercial Law, International Law, a Law of War Seminar and Torts. He has also taught Corporate Finance and Accounting for Lawyers. His other teaching interests include Civil Procedure and Contracts.

Education:

J.D., cum laude, Harvard Law School
B.A., John Hopkins University

Bar Admissions:

Texas
Virginia

Teaching Interests:

Commercial Law
Corporate Finance
International Law
Law of War Seminar
Torts

Faculty Activities

Articles:

“Drones and the Boundaries of the Battlefield”, 47 Tex. Int’l. L.J. 293 (2012) (symposium issue).

“Should Bush Administration Lawyers Be Prosecuted for Authorizing Torture?” 158 U. Pa. L. Rev. PENNumbra 195 (2010), (Link) (debate with Prof. Claire Finkelstein of the University of Pennsylvania).

“ A Dark Descent Into Reality: Making the Case for an Objective Definition of Torture”, 67 Wash. & Lee L. Rev. 77 (2010) (cited by the 7 th Circuit Court of Appeals in Flomo v. Firestone Natural Rubber Co. 643 F.3d 1013 (2011), Posner, J.; cited by 9th Circuit Court of Appeals in Padilla v. Yoo, --- F.3d --- (2012), Fisher, J.).

“Battlefield Perspectives on the Laws of War” in The War on Terror and the Laws of War:
A Military Perspective, Oxford University Press (2009).

“Comedy or Tragedy: The Tale of Diversity Jurisdiction Removal and the One-Year Bar” 62 SMU L. Rev. 201 (2009) (cited by the 11 th Circuit Court of Appeals in Pretka v. Kolter City Plaza II, Inc. 608 F.3d 744 (2010), Pryor, J.).

“International Myopia: Hamdan’s Shortcut to ‘Victory’” 42 University of Richmond Law Review 687 (2008).

“The Law of Armed Conflict – A Contemporary Critique” 6 Melbourne Journal of International Law 55 (2005) (with CDR Dale Stephens, Royal Australian Navy) (2005) (faculty reviewed journal)

“The Law of Aerial Bombardment in the 1991 Gulf War” 97 American Journal of International Law 481 (2003) (faculty reviewed journal)

Essays:

“Potential Pitfalls of ‘Strategic Litigation’: How the al-Aulaqi Lawsuit Threatened to Undermine International Humanitarian Law”, 9 Loy. U. Chi. Int’l. L.J. 177 (2011) (symposium issue).

“Is President Obama’s use of Predator strikes in Afghanistan and Pakistan Consistent with International Law?” 37 J. Nat. Sec. For. 5021 (2011) (solicited essay).

“Ethics and Operational Realities in the War on Terror”, 50 S. Tex. L. Rev. 837 (2009).

“Advice to the Next Administration Regarding Coercive Interrogation” 30 ABA National Security Law Report 18 (Sep/Oct. 2008).

Book Reviews:

“A Different Case for Restraint” reviewing Mark Osiel’s THE END OF RECIPROCITY: TERROR, TORTURE AND THE LAWS OF WAR, 45 Tulsa L.J. 751 (2010) (book review solicited by Sanford Levinson).

Op-Eds:

“What the Chinese ‘Cow’s Tongue’ Means for the World” Dayton Daily News, 27 April, 2012, A11

“Debating Where Targeted Killings are Allowed” Dayton Daily News, 23 March, 2012, A11

“U.S. Targeted Killing Policy: Who May be Targeted?” Dayton Daily News, 16 March, 2012, A11

“Military Commissions Have a Place in Trying Terror Suspects” Cincinnati Enquirer, 29 October, 2011

“Unfounded Drone Fears” LA Times, 17 October, 2011

“Taking the Side of Targeted Terrorists” NY Post, 7 September 2010, 22

“Groups Seek to Extend Privileges to a Terrorist” Buffalo News, 23 August, 2010

“Obama Needs to Get Real About Guantanamo” Newsday, 31 July 2009, A39

“Is Waterboarding Torture?” The Buffalo News, 3 November 2007, A6

Congressional Testimony:

“Civil Liberties and National Security” Testimony before the U.S. House of Representatives, Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Civil Liberties, December 9, 2010 hearing available at (Link).

“Examining the Legality of Unmanned Targeting” Submission to U.S. House of Representatives, Committee on Oversight and Government Reform, Subcommittee on National Security and Foreign Affairs, April 28, 2010 hearing, available at (Link).

Presentations:

St. John’s University School of Law, Panel, April 2012
Panelist for discussion of drones, targeted killings and international law along with Catherine Lotrionte (Georgetown), Michael Newton (Vanderbilt) and Markus Wagner (Miami). Moderated by Jeffrey Walker (St. John's).

University of New Mexico School of Law, Debate, March 2012
Debated Nancy Hollander, nationally recognized litigator and representative of several Guantanamo detainees on the targeting of US citizens in the conflict with al Qaeda.

Rutgers-Camden School of Law, Debate, March 2012
Debated Prof. Roger Clark of Rutgers on the al-Aulaqi case, Attorney General Holder’s speech on targeting US citizens and the use of drones outside of “hot” battlefields.

George Washington University School of Law, Lecture, February 2012
Lectured on the use of drones, the boundaries of the battlefield and the use of targeted killings in the war on terror. Brief commentary/questions from Prof. Raven-Hansen of GW at the end of the lecture.

Florida International University School of Law, Symposium, November 2011
Panelist for discussion on the future impact of foreign policy on national security, law and liberty. Other attendees/panelists included Nicholas Rostow (Yale/National Defense University), William Banks (Syracuse), Jeremy Rabkin (George Mason), Gregory McNeal (Pepperdine).

Public Radio International, Panel, October 2011
Panel discussion on the future of drone warfare, its legality and military limitations. Co-panelists included Scott Shane, national security correspondent from the NY Times and Prof. Sharkey from the University of Sheffield.

Duke Law School, Panel, September 2011
Panel discussion on drones and targeted killings, their legality, effectiveness and future. Co-panelist was Prof. Charles Dunlap (Duke).

Military Operations Law Conference, Queensland, Australia, Panel, September 2011
Panel discussion on drones and targeted killings for the annual Pacific Rim Military Operations Law Conference organized by the U.S. Navy’s Pacific Command. This conference attracts ~250 military and government legal professionals from 30 nations around the Pacific Rim to discuss the latest developments in military/operational law issues affecting the region.

Vanderbilt School of Law, Lecture, March 2011
Lectured on the legality of drone use and the legal boundaries of the battlefield in the war on terror. Also discussed the current situation in Libya and the UN Security Council authorization of a no-fly zone.

Washington & Lee School of Law, Lecture, March 2011
Lectured on the legality of drone use and the legal boundaries of the battlefield in the war on terror. Also discussed the current situation in Libya and the UN Security Council authorization of a no-fly zone.

University of Loyola-Chicago School of Law Symposium, Panel, February 2011
Symposium panelist with Lesley Wexler (Illinois) discussing the legality of targeting Anwar al-Aulaqi under international law. Other symposium participants included Michael Newton (Vanderbilt), Bob Turner (Virginia), Frederic Megret (McGill) and CDR James Kraska of the Naval War College.

University of Texas School of Law Symposium, Panel, February 2011
Symposium panelist with Bobby Chesney (Texas), Amos Guiora (Utah) and Geoff Corn (South Texas) discussing the targeting rules described by the recently completed Air Missile Warfare Manual. Other panels included Claude Bruderlein (Harvard, director of the AMW Manual project), Mary Ellen O’Connell (Notre Dame), Ken Anderson (American) and Jordan Paust (Houston).

Ohio State University Moritz College of Law, Debate, January 2011
Debated Prof. John Quigley of Ohio State on the legality of using unmanned aerial drones in the border regions of Afghanistan and Pakistan.

New York Lawyers’ Chapter of the Federalist Society, Debate, December 2010
Debated Ben Wizner, Litigation Director from the ACLU on the al-Aulaqi lawsuit that the ACLU filed attempting to enjoin the Obama Administration from targeting a US/Yemeni national in Yemen. The debate was attended by former US Attorney General Michael Mukasey.

University of Virginia School of Law, Panel, November 2010
Panelist with Bob Turner and John Echeverri-Gent of Virginia and Ken Anderson of American discussing legal and policy issues surrounding the use of drones and targeted killings in the war on terror.

Georgetown University School of Law, Debate, September 2010
Debated Arthur Spitzer, Director of the ACLU on the al-Aulaqi lawsuit that the ACLU filed attempting to enjoin the Obama Administration from targeting a US/Yemeni national in Yemen.

Northwestern University College of Law, Lecture, March 2010
Lectured on intelligence collection, interrogation methods and the definition of torture in the conflict with Al Qaeda.

University of Tulsa School of Law, Debate, March 2010
Debated Prof. Lyn Entzeroth of Tulsa on the question of whether the Guantanamo detainees should be tried in federal courts or military commissions.

University of Chicago School of Law, Lecture, January 2010
Lectured on the legal questions that arise in the context of intelligence gathering in the war on terror, the current legal limitations on interrogation techniques and the issue of whether Bush Administration lawyers should be criminally tried for their legal advice concerning the use of enhanced interrogation techniques on detainees.

AALS Conference, New Orleans, January 2010
Moderated a panel on the “Transformation of US Interrogation Policy” which examined the changes in interrogation policy that the Obama Administration has made during its first year. Panel members were Sanford Levinson of Texas, Diane Amann of UC-Davis, Nathan Sales of George Mason and Julian Ku of Hofstra.

University of Pennsylvania School of Law, Debate, November 2009
Debated Prof. Claire Finkelstein of the University of Pennsylvania on the issue of potential criminal liability for Bush Administration lawyers arising from the advice they gave on coercive interrogations.

Ohio State University Moritz College of Law, Debate, November 2009
Debated Prof. John Quigley of Ohio State on whether the war on terror should be viewed as a law enforcement issue or a military matter and where the lines between those two paradigms should be drawn.

Columbia University School of Law, Debate, October 2009
Debated Nan Aron, President of the Alliance for Justice on the issue of potential criminal liability for Bush Administration lawyers arising from the advice they gave on coercive interrogations.

George Washington University School of Law, Debate, October 2009
Debated Kate Martin, Director of the Center for National Security Studies on the issue of whether Bush Administration lawyers should be criminally investigated for the advice they gave concerning the use of coercive interrogations.

University of Illinois School of Law, Debate, April 2009
Debated with Colleen Connell, the Executive Director of the Illinois ACLU on the scope of Presidential power to detain terrorists and the al-Marri case.

Cornell Law School, Lecture, April 2009
Presented a paper proposing a clearer and more objective standard for the definition of torture at Cornell. Prof. Jens Ohlin of Cornell provided commentary on the presentation.

Rutgers-Camden College of Law, Debate, March 2009
Debate with Prof. Gerardo Vildostegui of Rutgers-Camden on the subjectivity element of the definition of torture and its effect on self-enforcement.

South Texas College of Law, Panelist, September 2008
Symposium panelist with Prof. Bobby Chesney of the University of Texas, Col. Morris the lead prosecutor for the military commissions in Guantanamo, Prof. Geoff Corn of South Texas College of Law, and Jeanne Baker the head of the Florida ACLU. The discussion compared the efficacy of the criminal prosecution model with the military detention model in combating terrorism.