Photo: Joshua Kastenberg

Joshua Kastenberg

      Associate Professor of Law
    • Lee & Leon Karelitz Professor in Evidence and Procedure

    Education

    • BA 1989, University of California at Los Angeles
    • MA 1992, Purdue University
    • JD 1996, Marquette University Law School
    • LLM 2003, Georgetown University Law Center

    Contact Information

     Ph.: 505-277-5877
     Office: 3214
     

    Profile

    Prior to joining the UNM Law School faculty this September, Professor Joshua Kastenberg had a 20-year career as a lawyer and judge in the U.S. Air Force. He served as an advisor to the Department of Defense on cyber security and cyber warfare matters, twice deployed to Iraq and oversaw the military’s compliance with international law. Professor Kastenberg served as a prosecutor and defense counsel in over 200 trials and as a judge in over 200 trials. He has been cited by the Washington Post and appeared on Fox News, and written over a dozen law review articles as well as four books. Prior to joining the faculty he taught graduate and undergraduate level courses in national security law and systems as well as legal history. Professor Kastenberg's interests are in the field of criminal law and procedure, evidence, legal history, and judicial ethics.

    In the News

    Publications

    Books & Book Chapters

    Miltary Justice: Cases and Materials (2020) (co-authored with Fidell, Hillman,Rosenblatt, Sullivan & VanLandingham).
    Available at: UNM-DR

    The Campaign to Impeach Justice William O. Douglas: Nixon, Vietnam, and the Conservative Attack on Judicial Independence (2019).
    Available at: University Press of Kansas

    Military Rules: Expert Qualifications, Admissibility of Expert Testimony, and Competency Hearings, Forensic Psychology in Military Courts (Stein & Younggren eds., 2019).
    Available at: UNM-DR

    To Raise and Discipline an Army: Major General Enoch Crowder, the Judge Advocate General’s Office, and the Realignment of Civil and Military Relations in World War I (2017).
    Available at: UNM-DR

    In a Time of Total War: The Federal Judiciary and the National Defense, 1940-1954 (2016) (co-authored with Eric Merriam).
    Available at
    : UNM-DR

    A Confederate in Congress: The Civil War Treason Trial of Benjamin Gwinn Harris (2016).
    Available at
    : UNM-DR

    Shaping US Military Law: Governing a Constitutional Military (2014).
    Available at
    : UNM-DR

    Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865 (2011).
    Available at: UNM-DR

    The Blackstone of Military Law: Colonel William Winthrop, 1831-1899 (2009).
    Available at
    : UNM-DR

    Articles

    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, 49(1) HOFSTRA L. REV. (forthcoming 2021). 
    Available at: SSRN

    Alcohol Prohibition in the New Mexico and Arizona State Judiciaries at 100 Years: The Development of Law and Shaping of Society in the Southwest, 50 N.M. L. REV. 347 (2020).
    Available at: UNM-DR

    National Security And Judicial Ethics: The Exception To The Rule Of Keeping Judicial Conduct Judicial And The Politicization Of The Judiciary, 12(2) ELON L.J. 282 (2020).
    Available at: UNM-DR

    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, 82(4) ALBANY L. REV. 1495 (2019).
    Available at: UNM-DR

    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, 38 N. ILL.  UNIV. L. REV. 1 (2017).
    Available at: UNM-DR

    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, 40 CAMPBELL L. REV. 113 (2018).
    Available at
    : UNM-DR

    Command Responsibility in the Twenty-First Century: The United States Basic Framework and Future Military (and Quasi-Military) Operations, 46 SW. L. REV. 46 (2017).
    Available at
    : UNM-DR

    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, 8 ST. MARY'S J. LEGAL MAL. & ETHICS 50 (2017).
    Available at
    : UNM-DR

    Chief Justice William Howard Taft's Conception of Judicial Integrity: The Legal History of Tumey v. Ohio, 65 CLEV. ST. L. REV. 317 (2017).
    Available at
    : UNM-DR

    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, 46 CREIGHTON L. REV. 369 (2013)
    Available at
    : UNM-DR

    Nearing Thirty Years: The Burger Court, Strickland v. Washington, and the Parameters of the Right to Counsel, 14 J. APP. PRAC. & PROCESS 215 (2013)
    Available at
    : UNM-DR

    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, 20 WM. & MARY BILL RTS. J. 691 (2012).
    Available at
    : UNM-DR

    Non-Intervention and Neutrality in Cyberspace: An Emerging Principle in the National Practice of International Law, 64 AIR FORCE L. REV. 43 (2009)
    Available at
    : UNM-DR

    Cause and Effect: The Origins and Impact of Justice William O. Douglas’ Anti-Military Ideology from World War II to O’Callahan v. Parker, 26 THOMAS M. COOLEY L. REV. 163 (2009).
    Available at
    : UNM-DR

    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, 64 AIR FORCE L. REV. 175 (2009).
    Available at
    : UNM-DR

    Popular Press

    Lt. Col. Vindman is a Patriot, THE SANTA FE NEW MEXICAN (November 2, 2019).
    Available at: UNM-DR

    Shades of Nixon in Mattis departure, ALBUQUERQUE J. (January 5, 2019).
    Available at: UNM-DR

    Briefs

    Brief for Professors of Law as Amicus Curiae, US v. Bergdahl, (December 11, 2019) (US CT. APP. NO. 19-0406/AR) (ARMY No. 20170582) (co-counsel Vanlandingham & Corn).
    Available at: UNM DR

    Law School News