In this second of a two-part series, Illinois Law professors Lesley M. Wexler and Anthony Ghiotto examine the broader implications of the Trump administration’s attempt to ban transgender individuals from military service, focusing on the chilling effects on service members’ mental health care and how recent litigation (specifically Talbott and Shilling) may shape future legal challenges to executive control over the military. Professors Wexler and Ghiotto argue that the administration's policy undermines trust in mental health confidentiality and threatens military readiness, while also suggesting that recent court decisions could provide a legal framework for challenging discriminatory or overreaching uses of military power in the future.

Illinois Law professors Lesley M. Wexler and Anthony Ghiotto examine recent judicial rulings halting the enforcement of a Trump administration executive order banning transgender individuals from military service, focusing on the Department of Defense’s justification efforts and the constitutional Equal Protection challenges in Talbott v. Trump and Shilling v. United States. Professors Wexler and Ghiotto argue that the administration failed to provide evidence-based, reasoned justifications necessary for judicial deference, highlighting a broader pattern of executive overreach and attempts to discredit the judiciary rather than engage in the fact-based policy-making required to lawfully exclude transgender service members.

Illinois Law professors Lesley M. Wexler and Anthony Ghiotto analyze the impact of the Prioritizing Military Excellence Order, which restricts transgender military service, comparing it to past policies like “Don’t Ask, Don’t Tell” and detailing the order’s effects on transgender service members, military law, national security, and unit cohesion. Professors Wexler and Ghiotto argue that the policy forces transgender troops to either leave service or suppress their identity, ultimately harming military readiness, morale, and legal integrity, and they advocate for legal challenges, state-level protections, and continued resistance to discriminatory policies.

Illinois Law professors Lesley M. Wexler and Anthony Ghiotto discuss the unprecedented removal of top military legal advisors (TJAGs) by the Trump administration and its potential consequences for military legal independence, the rule of law, and democratic governance. Professors Wexler and Ghiotto argue that these firings undermine the TJAGs’ role as independent legal advisors, threaten adherence to military justice and international law, and could either facilitate unlawful actions or create a chilling effect on military lawyers, potentially threatening democracy and national defense.

Illinois Law professor Lesley M. Wexler examines two specific aspects of the allegations against Donald Trump’s Secretary of Defense nominee Pete Hegseth: how senators approach testimonial credibility in #MeToo cases and the risks faced by “upstanders” who intervene to protect potential victims. Professor Wexler argues that some senators show concerning bias in automatically believing Hegseth despite contrary evidence, while also highlighting how women who act as upstanders often face severe retaliation, suggesting a need for better safeguards and practices for those who intervene in potential sexual assault situations.

Illinois Law professor Lesley M. Wexler examines recent U.S. policy shifts under the Biden administration regarding the authorization of cluster munitions (ATACMS) and anti-personnel landmines for use in Ukraine, along with their implications for international humanitarian law. Professor Wexler argues that these reversals, particularly the facilitation of Ukraine’s violation of the Landmine Ban Treaty, represent a concerning erosion of international humanitarian law norms and treaties, warning that such case-by-case justifications could lead to a broader collapse of civilian protection standards in warfare.

Illinois Law professor Lesley M. Wexler analyzes potential changes to military inclusion policies under an imminent Trump administration, specifically examining proposed rollbacks of “woke” policies regarding women in combat roles and LGBTQIA+ service members, while exploring the legal and constitutional framework around such changes. Professor Wexler argues that while there are few legal barriers to reversing current inclusive policies, alternative approaches like gender-neutral fitness testing could address stated operational concerns without requiring complete exclusion of these groups.

Illinois Law professor Lesley M. Wexler examines various government efforts since 2010 to address the harms suffered by lesbian, gay, and bisexual (LGB) service members who were discharged from the U.S. military due to their sexual orientation between the 1950s and 2010, including discharge upgrades, VA benefit eligibility changes, and presidential pardons. Professor Wexler argues that while recent reforms are positive steps, they remain insufficient due to their limited scope, and advocates for three key changes: a proactive Pentagon review of all discharges back to the 1950s, broader discharge upgrade eligibility for anyone discharged due to sexual orientation (except those with unrelated misconduct), and VA benefits access for those who could not complete their service terms due to discriminatory policies.

Illinois Law professor Lesley M. Wexler analyzes the legality of Israel’s pager and walkie-talkie strikes against Hezbollah under international humanitarian law, focusing on the Convention on Conventional Weapons (CCW) and the prohibition on unnecessary suffering. Professor Wexler concludes that while the strikes likely fall under the CCW’s definitions of “booby-traps” and “other devices,” the question whether they violate the prohibition on unnecessary suffering remains open, pending more detailed information about the injuries caused and the military necessity of the tactics used.

Illinois Law professor Lesley M. Wexler examines the legal implications of Israel’s alleged attacks on Hezbollah’s pagers and walkie-talkies in Lebanon, focusing on how these actions may be interpreted under the Convention on Conventional Weapons (CCW), particularly its provisions on booby-traps and other devices. Professor Wexler explores various interpretations of the CCW’s articles, questioning whether the attacks constitute booby-traps under the convention’s definition, whether they violate prohibitions on using apparently harmless objects as weapons, and whether they comply with restrictions on using such devices in civilian-populated areas. She suggests that while the attacks raise complex legal questions, their legality depends on specific interpretations of the CCW and broader principles of international humanitarian law.

In this second of a series of columns on Israel’s strike on the World Central Kitchen convey, Illinois Law professor Lesley M. Wexler explores the lack of individual remedies available to the victims of the strike and other civilian casualties in Gaza, particularly focusing on the limitations of tort liability, solatia, and condolence payments, and the UN Register of Damages. Professor Wexler argues that while these avenues for compensation are currently unavailable or unlikely to be pursued by Israel, the question of individual compensation for civilian victims should be addressed as part of a future political resolution to the Israel-Hamas conflict.

Illinois Law professor Lesley M. Wexler discusses Israel’s attack on a World Central Kitchen humanitarian aid convoy in Gaza, the subsequent investigation, and the limited accountability measures taken by Israel in response. Professor Wexler argues that Israel should pursue more serious criminal accountability and undertake a systematic review of its actions during the Israel-Hamas conflict to address concerns about transparency, neutrality, and compliance with the laws of war, particularly regarding the protection of civilians and aid workers.

Illinois Law professor Lesley M. Wexler examines the legality of Israel’s military operation at the al-Shifa hospital complex in Gaza during the Israel-Hamas war, focusing on specific allegations such as attacks on the hospital, the killing of Faiq Mabhouh, civilian protections, and treatment of journalists and medical staff. Professor Wexler argues that while the legality depends on contested facts that warrant further investigation, hospitals can lose protection if used for military purposes, and the treatment of protected persons like journalists and medical staff raises serious legal concerns under international humanitarian law.

Illinois Law professor Lesley M. Wexler discusses the lawsuit filed by Rachel Leviss against Tom Sandoval and Ariana Madix over allegations of revenge porn, stemming from a scandal on the reality TV show Vanderpump Rules, where intimate videos of Leviss were shared without her consent. Professor Wexler argues that this case serves as a crucial opportunity for the public to learn about the legal nuances of revenge porn, highlighting its significance beyond the realm of reality TV by exploring the implications for sexual privacy, the distinction between consensual and non-consensual sharing of intimate images, and the broader societal need to respect individual autonomy over sexual imagery, regardless of the individual’s perceived moral character or actions.

Illinois Law professor Lesley M. Wexler explores the complexities of the concept of “proportionality” in the Israel-Gaza conflict, examining it both from the lens of international law and public opinion. Professor Wexler delineates two aspects of international law that govern proportionality: “jus ad bellum,” which speaks to when force is permissible, and the laws of war, which set guidelines for conduct during conflict. She emphasizes that while public debates often conflate legal and moral considerations, a nuanced understanding of existing international law is crucial for assessing the legality of actions in such conflicts.

Illinois Law professor Lesley M. Wexler delves into the ethical complexities of writing leniency letters in sexual assault cases, particularly when informed by the #MeToo movement. Professor Wexler argues that while society should be forgiving, as Verdict co-columnist Joe Margulies suggests, leniency letters can often perpetuate “himpathy,” where the judge might overempathize with the defendant—especially if white and otherwise privileged—at the expense of the victim, and that these letters should carefully avoid reinforcing tropes rooted in structural misogyny and American rape culture.

In this first of a series of columns, Illinois Law professor Lesley M. Wexler explores the ethical and societal complexities surrounding character letters in sex crimes trials, particularly focusing on the controversy created by Ashton Kutcher and Mila Kunis’s leniency letters for Danny Masterson. Professor Wexler delves into the historical role and changing public sentiment about character evidence, referencing military court cases and the Brock Turner trial, and questions whether it is possible to write a leniency letter that aligns with #MeToo values without undermining victims or perpetuating harmful myths.

In this fourth in a series of columns, Illinois Law professor Lesley M. Wexler explains how the U.S., Ukraine, and Cluster Mine Ban Treaty parties can reinforce norms against cluster munitions use and enhance civilian protections, given the controversial decision of the Biden administration to supply Ukraine with these munitions. Professor Wexler argues that the U.S. and Ukraine should take several steps to bolster their public commitments to keeping civilians safe from cluster munitions including: both joining the Cluster Mine Ban Treaty or negotiating international restriction on high dud rates under the Convention on Certain Conventional Weapons; Ukraine operationalizing its assurances about use, conducting investigations into past unlawful use, and implementing Civilian Casualty Tracking Analysis and Response cells; and the U.S. monitoring and reporting on Ukraine’s compliance, tightening restrictions on the munitions use, and ceasing transferring cluster munitions once conventional artillery becomes more widely available.

In this third in a series of columns about the Biden administration’s transfer of cluster mines to Ukraine, Illinois Law professor Lesley M. Wexler explains why, even in the absence of a clear international violation, the transfer implicates the norm against cluster mine use. Professor Wexler describes cluster mine norms before the U.S. transfer to Ukraine and explains why, in her view, the transfer is problematic.

In this second in a series of columns discussing the U.S. transfer of cluster munitions to Ukraine, Illinois Law professor Lesley M. Wexler discusses the domestic issues for the United States and international law issues for Cluster Ban Treaty members. Professor Wexler also addresses arguments about Ukraine losing the moral high ground and weakening the alliance.