Curriculum Vitae
of Eugene R. Milhizer
EUGENE R. MILHIZER
1025 Commons Circle
Naples, Florida 34119
Phone: (239) 687-5324 (office)
Email: ermilhizer@avemarialaw.edu
EDUCATION
1996 Graduate, Command and General Staff College (Commandant’s List), Fort Leavenworth, Kansas.
1988 LL.M., The Judge Advocate General’s School (First Honor Graduate), Charlottesville, Virginia.
1979 J.D., University of Michigan School of Law, Ann Arbor, Michigan.
1976 B.A. Political Science (High Distinction), University of Michigan, Ann Arbor, Michigan.
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EMPLOYMENT
2021 Interim President and Dean, Ave Maria School of Law, Naples, Florida
2014-present Dean Emeritus, Ave Maria School of Law, Naples, Florida.
2010-2014 President and Dean, Ave Maria School of Law, Naples, Florida.
2009-2010 Acting President, Ave Maria School of Law, Naples, Florida.
2008-2010 Acting Dean, Ave Maria School of Law, Naples, Florida and Ann Arbor, Michigan.
2006-2008 Associate Dean for Academic Affairs, Ave Maria School of Law, Ann Arbor, Michigan.
2008-present Professor of Law, Ave Maria School of Law, Naples, Florida, and Ann Arbor, Michigan.
2006-present Tenured faculty member, Ave Maria School of Law, Naples, Florida, and Ann Arbor, Michigan.
2001-2008 Associate Professor of Law, Ave Maria School of Law, Ann Arbor, Michigan.
2000-2001 Staff Judge Advocate (General Counsel), United States Army, Fort Dix, New Jersey.
1998-2000 Deputy Chief, Government Appellate Division, United States Army, Arlington, Virginia.
1996-1998 Regional Defense Counsel, United States Army, Fort Belvoir, Virginia.
1993-1995 Staff Judge Advocate (General Counsel), United States Army, National Training Center and Fort Irwin, California.
1991-1993 Criminal Law Attorney and Member of the Joint Services Working Group concerning Military Justice, United States Army, Pentagon, Arlington, Virginia.
1988-1991 Assistant Professor of Law, The Judge Advocate General’s School, Charlottesville, Virginia.
1980-1988 Various attorney positions, Judge Advocate/Commissioned Officer, United States Army (including prosecutor, defense attorney, administrative law attorney, international law attorney, appellate attorney, and magistrate).
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COURSES TAUGHT/Lecturer
Criminal Procedure
Criminal Law
National Security Law
Military Law
Trial and Appellate Advocacy
Evidence
Crimes and Defenses
Legal Writing and Communication
Various Judges Courses
Criminal Law New Developments Course
New Attorney Course
Law, Ethics and Public Policy
Substantive Criminal Law (Adjunct Professor – Florida Gulf Coast University)
Various Continuing Legal Education Courses and Courses for Military Reservists
PUBLICATIONS
BOOKS
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Dissecting Anatomy of a Murder: The Author, the Crime, the Novel, and the Film (Ave Maria School of Law Press 2019).
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Searching for Lilly (Red Wagon Wheel Press 2022). A novel and courtroom thriller about a court-martial for murder set in 1983 Korea.
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Rough Justice (in progress: a novel about a court-martial for murder set in 1984 Washington D.C.).
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The Rainbow Trail (in progress: a book about the life and times of Alex Fagotti, a long-time prospector, entrepreneur, and a jack of all trades who lived a fascinating life).
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LAW REVIEW ARTICLES
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Heien v. North Carolina and the Unreasonable “Reasonable Mistake” of Law, 51 Hofstra Law Review 879 (2023).
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Exclusionary Rules and Deterrence After Vega v. Tekoh: The Trend Toward a More Consistent Approach Across the Fourth And Fifth Amendments, 101 Nebraska Law Review 835 (2023)
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Excerpt from Dissecting “Anatomy of a Murder”: The Author, the Crime, the Novel, and the Film, 20 Ave Maria Law Review 105 (2022) (publication pending).
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Miranda’s Near Death Experience: Reflections on the Occasion of Miranda’s Fiftieth Anniversary, 66 Catholic University Law Review 577 (2017).
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Applying the Digital Search Incident to Arrest Doctrine to Predigital Content, 61 St. Louis University Law Review 165 (2017).
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Hobby Lobby and Beyond: Considering Moral Responses to the HHS Mandate Litigation, 81 Prudentia Iuris 149 (2016), available at:
http://bibliotecadigital.uca.edu.ar/greenstone/cgi-bin/library.cgi?a=d&c=Revistas&d=hobby-lobby-and-beyond-milhizer (peer reviewed journal).
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The Morality and Legality of the HHS Mandate and “Accommodations,” 11 Ave Maria Law Review 211 (2013).
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Debunking Five Great Myths about the Fourth Amendment Exclusionary Rule, 211 Military Law Review 211 (2012).
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“The Exclusionary Rule Lottery” Revisited, 59 Catholic University Law Review 747 (2010).
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So Help Me Allah: An Historical and Prudential Analysis of Oaths as Applied to the Current Controversy of the Bible and Quran in Oath Practices in America, 70 Ohio State Law Journal 1 (2009).
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Confessions After Connelly: An Evidentiary Solution for Excluding Unreliable Confessions, 81 Temple Law Review 1 (2008).
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The Exclusionary Rule Lottery, 39 Toledo Law Review 755 (2008).
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Rethinking Police Interrogation: Encouraging Reliable Confessions While Respecting Suspects’ Dignity, 41 Valparaiso Law Review 1 (2006).
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Group Status and Criminal Defenses: Logical Relationship or Marriage of Convenience?, 71 Missouri Law Review 547 (2006).
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Justification and Excuse: What They Were, What They Are, and What They Ought to Be, 78 St. John’s Law Review 725 (2004).
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“Don’t Ask, Don’t Tell”: A Qualified Defense, 21 Hofstra Labor & Employment Law Journal 349 (2004).
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Murder Without Intent: Depraved-Heart Murder Under Military Law, 133 Military Law Review 205 (1991).
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Voluntary Intoxication as a Criminal Defense Under Military Law, 127 Military Law Review 131 (1990).
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Necessity and the Military Justice System: A Proposed Special Defense, 121 Military Law Review 95 (1988).
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The Military Death Penalty and the Constitution: There is Life After Furman, 97 Military Law Review 35 (1982) (co-author).
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BOOK CHAPTER
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Voluntary Intoxication Under Military Law, in Principles of Practice of Military Forensic Psychiatry (R. Gregory Lande & David T. Armitage, eds., 1997), ch. 7, at 155 (co-author).
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LAW-RELATED PUBLICATIONS (Selected)[1]
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Applying Riley v. California to Predigital Content,45 Search and Seizure Law Reporter 1 (Jan. 2018) (West).
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Miranda v. Arizona: Two Famous Winners and One Ironic Loser, The Gavel, Ave Maria School of Law, vol. 8, issue 1, pp. 2-4 (Fall 2016).
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Why Ave Maria School of Law is Suing the Obama Administration, Res Gestae: The Official Publication of the Lee County Florida Bar Association, Jan. 2014, at 16.
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Guns and the Second Amendment, reprinted in America’s 1st Freedom, Oct. 2013, at 68.
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Reflections on the Fiftieth Anniversary of Gideon v. Wainwright, Adverse Witness: The Official Publication of the Collier County Florida Bar Association, Oct. 2013, at 9.
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Legal Education for the Public, Res Gestae: The Official Publication of the Lee County Florida Bar Association, Apr. 2014, at 8.
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The Fourth Amendment Exclusionary Rule as an Article of Faith, 40 Search and Seizure Law Reporter 1 (Jan. 2013) (West).
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Terrorism entry in IV New Catholic Encyclopedia Supplement 2012-13: Ethics and Philosophy (Robert L. Fastiggi., ed. 2013), at 1513 (co-author).
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Silence and the Right to Remain Silent, Res Gestae: The Official Publication of the Lee County Florida Bar Association, Aug. 2013, at 13.
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Command Authority and Sex Offenses, Res Gestae: The Official Publication of the Lee County Florida Bar Association, July 2013, at 13.
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Miranda Rights and Terrorists, Res Gestae: The Official Publication of the Lee County Florida Bar Association, June 2013, at 14.
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Guns, Bombs, Natural Rights and the Second Amendment, Legatus Magazine, Jul./Aug. 2013, at 22.
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Gun Control, the Second Amendment and Your Natural Rights, Res Gestae: The Official Publication of the Lee County Florida Bar Association, May 2013, at 14
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The Morality and Legality of the HHS Mandate and “Accommodations,” Res Gestae: The Official Publication of the Lee County Florida Bar Association, Mar. 2013, at 13.
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Introduction to Religion, Law and the Moral Crisis: A Short History of What Happened by Joseph Mauceri, M.D (2005, second printing 2011).
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The Exclusionary Rule Lottery, 36 Search and Seizure Law Reporter 1 (Jan. 2009) (West).
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Reflections on the Catholic Bishops’ Statement about Deterrence, 99 Social Justice Reporter 69 (2008).
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Should Peremptory Challenges be Retained in the Military Justice System in Light of Batson v. Kentucky and its Progeny?, The Army Lawyer, Oct. 1992, at 10 (co-author).
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United States v. Clear: Good Idea – Bad Law, The Army Lawyer, Jun. 1992, at 7.
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Indecent Acts as a Lesser Included Offense of Rape, The Army Lawyer, May 1992, at 3.
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Safe Sex…or Else: Using the Court-Martial System in the Military to Limit the Spread of Aids, A.B.A. Crim. Just. Mag., Winter 1991, at 16.
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Battery Without Assault, The Army Lawyer, Oct. 1991, at 4.
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Maiming as a Criminal Offense Under Military Law, The Army Lawyer, May 1991, at 5.
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Mistake of Fact and Carnal Knowledge, The Army Lawyer, Oct. 1990, at 3.
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Endangering Others: The Military’s Approach for Controlling HIV Transmission, A.B.A. Judges’ J., Summer 1990, at 34.
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United States v. Collier and the Divestiture Defense, The Army Lawyer, Mar. 1990, at 3.
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Involuntary Manslaughter and Drug-Overdose Deaths: A Proposed Methodology, The Army Lawyer, Mar. 1989, at 10.
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Legality of the ‘Safe-Sex’ Order to Soldiers Having AIDS, The Army Lawyer, Dec. 1988, at 4.
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Effective Date of Forfeitures Adjudged in Capital Cases: Receiving Pay on Death Row, The Army Lawyer, Feb. 1983, at 27.
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PRESENTATIONS/CONFERENCES/SEMINARS/MEDIA (Selected)[2]
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LAW SCHOOLS, UNIVERSITIES, COLLEGES, and Academic Venues
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Dozens of presentations about “Anatomy of a Murder” and its author, John Voelker, in a variety of venues in Michigan and Florida.
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Florida Coastal School of Law. Featured speaker. Presentation entitled, “Cell Phones and the Future of the Search Incident to Arrest Doctrine” (June 9, 2022).
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Ave Maria School of Law. Featured panelist. Presentation entitled, “Don't Make a Federal Case Out of It! Subsidiarity, Federalism and Federal Prosecution of Street Crime,” Federalist Society (March 7, 2019).
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Ave Maria School of Law. Featured panelist. Presentation entitled, “Mass Incarcerations in the United States,” Federalist Society (April 16, 2018).
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Stetson Law School. Featured panelist. Presentation entitled, “Balancing Civil Liberties and Governmental Interests,” (October 25, 2017).
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Ave Maria School of Law. Featured commentator. Presentation entitled, “The Law and Politics of War: When Should America Fight?,” Federalist Society, Ave Maria School of Law (October 12, 2017).
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Florida Coastal School of Law. Featured speaker. Presentation entitled, “Miranda’s Near Death Experience” (February 21, 2017).
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Florida Coastal School of Law and the Jacksonville Chapter of the Christian Legal Society. Featured speaker. Presentation entitled, “Hobby Lobby, Little Sisters of the Poor, and the Recent HHS Mandate Litigation,” (November 5, 2015).
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Criminal Justice Society, Ave Maria School of Law. Participated in a panel discussion entitled “Reflections on Criminal Litigation” (April 2, 2014).
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Ave Maria School of Law. Presentation entitled “Principles of Criminal Punishment” (January 22, 2013).
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Florida Atlantic University. Participated in a panel discussion entitled “Health Care and the Constitution: Moral and Legal Issues” (October 4, 2012).
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Franciscan University of Steubenville. Featured speaker. Presentation entitled “The Morality and Legality of the Health and Human Services Mandate and Accommodation” (March 30, 2012).
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The Judge Advocate General's School. Featured lecturer. Presented a paper entitled “Debunking Five Great Myths about the Fourth Amendment Exclusionary Rule” at the 54th Judges Course (May 5, 2011).
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Yale Law School. Participated in a panel discussion about the military’s 'Don’t Ask, Don’t Tell' policy entitled “JAG Under DADT: Should Gays be Allowed to Serve in the Military, and If ot, Should You Serve?” (October 6, 2006).
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Wayne State University School of Law. Participated in a debate entitled “The Constitutionality and Legality of the Federal Terrorist Surveillance Program” (April 5, 2006).
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University of Michigan Law School. Participated in a debate entitled 'Don't Ask, Don't Tell’ and the Solomon Amendment: Military Recruiting on Law School Campuses” (April 4, 2005).
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Hofstra School of Law (Maurice A. Deane School of Law at Hofstra). Participated in a panel discussion entitled “Don’t Ask, Don’t Tell: 10 Years Later” (September 19, 2003).
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Thomas M. Cooley Law School. Participated in a panel discussion entitled “The Exclusionary Rule and Judicial Integrity” (July 18, 2003).
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Society of Catholic Social Scientists Conference. Ave Maria School of Law. Moderated a panel discussion and presented on the topic, “Catholic Reflections on Crime and Punishment” (October 26, 2001).
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Ave Maria School of Law. Distinguished Speaker Series; panelist in a presentation entitled “Terrorism: Legal and Moral Implications” (September 20, 2001).
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PRACTITIONER ORGANIZATIONS
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Featured Speaker, Charlotte County Bar Association, Charlotte County, Florida. Presentation entitled, “Reflections on Miranda on the Occasion of Its Fiftieth Anniversary” (May 18, 2016).
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Featured Speaker, Collier County Bar Association, Lee County Bar Association, and similar organizations throughout Florida, speaking on a variety of topics related to legal education (2008-present).
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State Bar of Michigan Assembly, Lansing, Michigan. Lead participant in a debate on a Resolution Pertaining to President Bush’s Order Authorizing Military Tribunals (January 26, 2002).
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Annual Appellate Attorney Conference, Washington, DC. Featured presenter. Presentation entitled “Effective Appellate Advocacy” (April 23, 1999).
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Annual Meeting of Army Defense Lawyers, Fort Meade, Maryland. Featured presenter. Presentations entitled “Effective Trial Advocacy” (1997 and 1998).
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Taught CLE and practitioner classes on criminal law and procedure topics to civilian practitioners, reservists, and active-duty judge advocates across the United States (California, Florida, Hawaii, Indiana, Kansas, Kentucky, Maryland, Michigan, Ohio, New Jersey, Tennessee, Virginia, and Washington DC) and throughout the world (Germany, Guam, Japan, South Korea, Okinawa, and the Philippines).
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RELIGIOUS ORGANIZATIONS
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Legatus – Lincoln, Nebraska Chapter. Featured speaker. Presentation entitled “Hobby Lobby and Beyond: Considering Moral Responses to the HHS Mandate Litigation” (November 17, 2015).
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Legatus – Naples, Florida Chapter. Featured speaker. Presentation entitled “Updates and Predictions about the HHS Mandate” (August 8, 2013).
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Inn at St. John’s, Plymouth, Michigan. Featured speaker. Presentation entitled “Religious Freedom and the HHS Mandate” (June 11, 2013).
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Christian Legal Society, Chicago, Illinois. Featured speaker. Presentation entitled “Religious Freedom and the HHS Mandate” (May 1, 2013).
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Naples, Florida. Featured speaker. Presentation entitled “Defending the Faith: Why the Federal Government’s Contraception Mandate Threatens Religious Freedom” (April 18, 2013).
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Diocese of St. Petersburg, Florida. Featured speaker. Presentation entitled “Religious Freedom, the HHS Mandate and the Catholic Church” (February 20, 2013).
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Northwest Wayne Vicariate, Redford, Michigan. Featured speaker. Presentation entitled “Moral and Legal Issues Concerning the HHS Mandate” (December 11, 2012).
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St. Agnes Catholic Church, Naples, Florida. Featured speaker. Presentation entitled “Moral and Legal Issues Concerning the HHS Mandate” (October 31, 2012).
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St. William Catholic Church, Naples, Florida. Featured speaker. Presentation entitled “Foundations of Religious Freedom” (October 10, 2012).
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Legatus – Seattle, Washington Chapter. Featured speaker. Presentation entitled “The HHS Mandate and Religious Freedom” (September 12, 2012).
Legatus – Portland, Oregon Chapter. Featured speaker. Presentation entitled “The HHS Mandate and Religious Freedom” (September 11, 2012).
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Diocese of Arlington, Virginia. Featured speaker. Presentation entitled “The HHS Mandate and Religious Freedom” (August 3, 2012).
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Legatus - Lexington, Kentucky Chapter. Featured speaker. Presentation entitled “Legal and Moral Aspects of the HHS Mandate” (July 12, 2012).
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Nassau County Catholic Guild, Nassau County, New York. Featured speaker (February 3, 2012).
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Town Hall Speaker Series, Ave Maria, Florida. Featured speaker (November 3, 2010).
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Faith and Ale Speaker Series, Naples, Florida. Featured speaker (October 21, 2009).
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St. Thomas More Guild Luncheon, Buffalo, New York. Featured speaker. Presentation entitled “Reflections on St. Thomas More” (June 8, 2007).
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OTHER
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Co-host of the weekly radio program “The Advocate,” addressing topics involving law and culture (2006 – 2012).
Frequent guest and commentator on national network television and nationally syndicated radio (including Fox News Network, EWTN, National Catholic Radio, Relevant Radio, Sirius Radio, Kresta in the Afternoon), as well as local television, radio, and print media throughout the country. Topics addressed include criminal law and procedure, religious freedom, constitutional law, national security law, military law, legal education, the Supreme Court, politics, and the economy.
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PROFESSIONAL MEMBERSHIPS (Selected)
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Fellow, American Bar Foundation.
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Member, Board of Governors, Ave Maria School of Law.
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President and Director, Ave Maria School of Law Foundation.
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Member, Florida Supreme Court Commission on Professionalism.
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Member, Committee on the Rules of Criminal Procedure, established by the Michigan Supreme Court (Mar. 12, 2002 – Dec. 31, 2005)
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Member, Constitutional Protections and Privacy Advisory Board of the Florida Region 6 Fusion Center.
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Member, American Bar Foundation.
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Member, American Bar Association.
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Member, State Bar of Michigan.
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Member, Legatus.
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Member, Speakers Bureau, Florida Writers Association.
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Member, Speakers Bureau, Federalist Society.
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Former Advisor on Law and Faith, Cephas Institute, Kingston, New York.
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Admitted to practice: United States Supreme Court, United States Court of Claims, United States Court of Appeals for the Armed Forces, United States Army Court of Criminal Appeals, United States District Court for the Eastern District of Michigan.
OTHER TEACHING ACTIVITIES (Selected)
Adjunct Professor, Florida Gulf Coast University (2014).
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Responsible for instruction on appellate advocacy of all criminal appellate attorneys in the United States Army who represent the Government (1998-2000).
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Responsible for trial advocacy instruction for all prosecuting attorneys in the United States Army (1998-2000).
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Responsible for continuing legal education and training for all defense attorneys and their support personnel in a 17-state area for the United States Army (1996-1998).
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Course Manager, Trial Advocacy Program, for all new United States Army lawyers (1988-1991).
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Course Manager, Criminal Law New Developments Course, the premiere Criminal Law CLE course for the Department of Defense (1988-1991).
AWARDS AND HONORS (Selected)
J.D. (honoris causa), Ave Maria School of Law, 2015.
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Legion of Merit, United States Army, and numerous other military awards and ribbons.
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Professor of the Year 2006-2007, Ave Maria School of Law, Association of American Law Schools.
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Professor of the Year 2003-2004, Ave Maria School of Law, as selected by students.
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Moot Court Board Professor of the Year 2006-2007, Ave Maria School of Law.
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The Saint Thomas More Distinguished Jurist Award, Franciscan University of Steubenville, Ohio.
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Our Lady of Guadalupe Pro-Life Advocate Award, Franciscan University of Steubenville, Ohio.
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Honoree 2010, Legal Aid Services of Collier County, Florida.
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Paul Harris Fellow, Rotary International.
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Recognition in Who’s Who for Legal Professionals.
PERSONAL
Wife - Dianna. Children – Theresa, Eugene, Rachel (Anthony), and Michael. Grandchildren – Madeline, Vincent, and Matthew.
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Member, Knights of Columbus.
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Former Member of the School Board – Father Gabriel Richard High School.
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Former Member of the Parish Counsel – Holy Spirit Roman Catholic Church.
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Youth coach, bonsai enthusiast, and copper prospector.
[1] In addition to those listed, I have published more than 100 other law-related articles and notes, and several columns and op-eds in various publications. I have also published on non-legal topics, such as In Memory of His Eminence, Edward Cardinal Egan, The Advocate, Sum. 2015, at 17.
[2] While at Ave Maria School of Law, I made many presentations on a wide range of topics not listed here. While teaching at the Judge Advocate General’s School and throughout my military career, I made numerous presentations in the United States and abroad to military and civilian attorneys concerning a variety of legal issues, often for attendees to receive continuing legal education credit.
