Volume 200 Summer 2009 Department of Army Pamphlet 27
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Military Law Review, Volume 227, Issue 3, 2019
Volume 227 Issue 3 2019 ACADEMIC JOURNAL 27-100-227-3 Mංඅංඍൺඋඒ Lൺඐ Rൾඏංൾඐ Aඋඍංർඅൾඌ Fൾൾඅංඇ Sඈ Fඅඒ Lංൾ ൺ C12 (ඈඋ Mൺඒൻൾ ൺ UC35, Dൾඉൾඇൽංඇ ඈඇ Aඏൺංඅൺൻංඅංඍඒ): A Pඋංආൾඋ MILITARY LAW REVIEW LAW MILITARY ඈඇ Uඍංඅංඓංඇ MILAIR ൿඈඋ Oൿൿංർංൺඅ Tඋൺඏൾඅ Major Joshua J. Tooman Kൾൾඉංඇ Cඈආආංඍආൾඇඍඌ: A Bൺඅൺඇർൾൽ Aඉඉඋඈൺർඁ ඍඈ Tൾඋආංඇൺඍංඈඇ ൿඈඋ Cඈඇඏൾඇංൾඇർൾ Major Justin Hess Sඎൻඌඍൺඇඍංඏൾ Tൾർඁඇංർൺඅංඍංൾඌ: Uඇൽൾඋඌඍൺඇൽංඇ ඍඁൾ Lൾൺඅ Fඋൺආൾඐඈඋ ඈൿ Hඎආൺඇංඍൺඋංൺඇ Aඌඌංඌඍൺඇർൾ ංඇ Aඋආൾൽ Cඈඇൿඅංർඍඌ Tඁඋඈඎඁ ඍඁൾ Pඋൾඌർඋංඉඍංඈඇ ඈൿ Tൾർඁඇංർൺඅ Aඋඋൺඇൾආൾඇඍඌ Major Tzvi Mintz Aඎඌඍඋൺඅංൺ’ඌ Wൺඋ Cඋංආൾ Tඋංൺඅඌ 1945-51 VOLUME 227 • 2019 Reviewed by Fred L. Borch III Academic Journal 27-100-227-3 Military Law Review Volume 227 Issue 3 2019 CONTENTS Articles Feeling So Fly Like a C12 (or Maybe a UC35, Depending on Availability): A Primer on Utilizing MILAIR for Official Travel Major Joshua J. Tooman 219 Keeping Commitments: A Balanced Approach to Termination for Convenience Major Justin Hess 252 Substantive Technicalities: Understanding the Legal Framework of Humanitarian Assistance in Armed Conflicts Through the Prescription of Technical Arrangements Major Tzvi Mintz 275 Australia’s War Crimes Trials 1945-51 Reviewed by Fred L. Borch III 320 i Headquarters, Department of the Army, Washington, D.C. Academic Journal No. 27-100-227-3, 2019 Military Law Review Volume 227 Issue 3 Board of Editors Colonel Randolph Swansiger Dean, The Judge Advocate General’s School Lieutenant Colonel Edward C. -
Guantanamo Bay and the Conflict of Ethical Lawyering
Volume 117 Issue 2 Dickinson Law Review - Volume 117, 2012-2013 10-1-2012 Guantanamo Bay and the Conflict of Ethical Lawyering Dana Carver Boehm Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Dana C. Boehm, Guantanamo Bay and the Conflict of Ethical Lawyering, 117 DICK. L. REV. 283 (2012). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol117/iss2/2 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. I Articles I Guantanamo Bay and the Conflict of Ethical Lawyering Dana Carver Boehm* ABSTRACT The Guantanamo Bay military commissions have been the subject of intense national and international debate since they were announced months after the September 1 lth attacks. This important debate largely has focused on the perennial tension between liberty and security on the one hand and the somewhat technical legal questions regarding the constitutionality of prescribed procedures on the other. As significant as these issues are, the discussion generally has ignored an element of the military commissions that profoundly shapes how national security, civil liberties, and the experience of criminal justice actually occurs: the way that lawyers charged with prosecuting and defending these cases pursue their professional duties as lawyers. This Article considers the unique institutional identities, organizational context, ethical obligations, and professional incentives of * Dean's Scholar and Visiting Researcher, Center on National Security and the Law, Georgetown University Law Center. -
Military Law Review
Volume 204 Summer 2010 ARTICLES LEAVE NO SOLDIER BEHIND: ENSURING ACCESS TO HEALTH CARE FOR PTSD-AFFLICTED VETERANS Major Tiffany M. Chapman A “CATCH-22” FOR MENTALLY-ILL MILITARY DEFENDANTS: PLEA-BARGAINING AWAY MENTAL HEALTH BENEFITS Vanessa Baehr-Jones PEACEKEEPING AND COUNTERINSURGENCY: HOW U.S. MILITARY DOCTRINE CAN IMPROVE PEACEKEEPING IN THE DEMOCRATIC REPUBLIC OF THE CONGO Ashley Leonczyk CONSISTENCY AND EQUALITY: A FRAMEWORK FOR ANALYZING THE “COMBAT ACTIVITIES EXCLUSION” OF THE FOREIGN CLAIMS ACT Major Michael D. Jones WHO QUESTIONS THE QUESTIONERS? REFORMING THE VOIR DIRE PROCESS IN COURTS-MARTIAL Major Ann B. Ching CLEARING THE HIGH HURDLE OF JUDICIAL RECUSAL: REFORMING RCM 902A Major Steve D. Berlin READ ANY GOOD (PROFESSIONAL) BOOKS LATELY?: A SUGGESTED PROFESSIONAL READING PROGRAM FOR JUDGE ADVOCATES Lieutenant Colonel Jeff Bovarnick THE FIFTEENTH HUGH J. CLAUSEN LECTURE IN LEADERSHIP: LEADERSHIP IN HIGH PROFILE CASES Professor Thomas W. Taylor BOOK REVIEWS Department of Army Pamphlet 27-100-204 MILITARY LAW REVIEW Volume 204 Summer 2010 CONTENTS ARTICLES Leave No Soldier Behind: Ensuring Access to Health Care for PTSD-Afflicted Veterans Major Tiffany M. Chapman 1 A “Catch-22” for Mentally-Ill Military Defendants: Plea-Bargaining away Mental Health Benefits Vanessa Baehr-Jones 51 Peacekeeping and Counterinsurgency: How U.S. Military Doctrine Can Improve Peacekeeping in the Democratic Republic of the Congo Ashley Leonczyk 66 Consistency and Equality: A Framework for Analyzing the “Combat Activities Exclusion” of the Foreign Claims Act Major Michael D. Jones 144 Who Questions the Questioners? Reforming the Voir Dire Process in Courts-Martial Major Ann B. Ching 182 Clearing the High Hurdle of Judicial Recusal: Reforming RCM 902A Major Steve D. -
Entire Issue (PDF)
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION Vol. 158 WASHINGTON, THURSDAY, APRIL 26, 2012 No. 61 House of Representatives The House met at 10 a.m. and was and dramatic stress is placed upon legal immigrants, by the way—that called to order by the Speaker pro tem- their economies. ended up almost ruining a number of pore (Mr. FLORES). It’s not yet to that point in Mexico, their farmers, and their legislature had f but the game has definitely changed. In to backtrack. contrast, the United States has had a Immigrants have always been a DESIGNATION OF SPEAKER PRO growing and vibrant population, in no source of America’s strength. Our cur- TEMPORE small measure because we’ve been en- rent policies inflict damage to the re- The SPEAKER pro tempore laid be- ergized from people around the world. alities of those family ties, especially fore the House the following commu- It’s time to consider our immigration to children who are already citizens. nication from the Speaker: policies and practices for the future. We also do other dumb things. We WASHINGTON, DC, Even though there’s been no more deny VISAs to smart people who are April 26, 2012. contentious issue in American politics educated at great expense at some of I hereby appoint the Honorable BILL FLO- than that of immigration, the situa- the finest institutions in America with RES to act as Speaker pro tempore on this tion surrounding Mexican immigration important skills that will be valuable day. -
Army Lawyer, Issue 1, 2020
U.S. Army Judge Advocate General’s Corps Issue 1 • 2020 Managing Civilans 2 Covid-19 51 Liability with Contingent Workers 33 Jackie Robinson’s Court-martial 68 A member of the 82d Airborne Division’ s OSJA participates in the the standing power throw portion of the Army Combat Fitness Test. (Credit: Justin Kase Conder/AP) Table of Contents Editorial Board Issue 1 • 2020 Captain Nicole Ulrich Departments Practice Notes Editor-in-Chief, The Army Lawyer Court Is Assembled 31 GOAD-ing Civilian Employees Captain Pearl K. Sandys By William J. Koon Editor-in-Chief, Military Law Review 2 Top Ten Secrets of Managing Civilians Major Courtney M. Cohen By William J. Koon 33 Liability Pitfalls with Contingent Workers Director, Professional Communications Program By Major Theodore B. Reiter Lieutenant Colonel Jess B. Roberts News & Notes Vice Chair, Administrative and 4 Non-Tactical Vehicle Guidance 37 Skeletons in the Foot Locker Civil Law Department By Office of The Judge Advocate General By Lieutenant Colonel S. Tennaile Timbrook Administrative Law Division Lieutenant Colonel Keirsten H. Kennedy Chair, Administrative and Civil Law Department 41 The Three Rs of Anti-Harassment Career Notes By Heidi M. Hanley Mr. Fred L. Borch III 7 Readying the Road Regimental Historian and Archivist Future Concepts Preps 47 Leading Leaders in Managing Civilians Lieutenant Colonel Megan S. Wakefield for Future Conflicts By Major Mary E. Jones Chief, Strategic Communications By Lieutenant Colonel Matthew A. Krause, Major Jason C. Coffey, and Major Jonathan Chief Warrant Officer Two Matthew M. Casey J. Wellemeyer 51 COVID-19: A Judge Strategic Communications Officer Advocate’s Role in Advising Decision-Makers By Major Matthew T. -
PENNSYLVANIA 2012–2013 Tree Fruit Production Guide
PENNSYLVANIA 2012–2013 Tree Fruit Production Guide College of Agri C u lt u r A l S C i e n C e S Production Guide Pesticide Safety Coordinator Penn State Pesticide Education J. M. Halbrendt Program Horticulture Orchard Sprayer Techniques R. M. Crassweller, J. W. Travis section coordinator Harvest and Postharvest Handling J. R. Schupp R. M. Crassweller Entomology J. R. Schupp G. Krawczyk, section Cider Production and Food Safety coordinator L. F. LaBorde L. A. Hull D. J. Biddinger Orchard Budgets J. K. Harper Pollination and Bee L. F. Kime Management M. Frazier Farm Labor Regulations D. J. Biddinger R. H. Pifer Plant Pathology Designer H. K. Ngugi, section G. Collins coordinator Editor N. O. Halbrendt A. Kirsten Nematology Disease, insect figures J. M. Halbrendt C. Gregory Wildlife Resources C. Jung G. San Julian Cover Photos Environmental Monitoring iStock J. W. Travis this guide is also available on the web at agsci.psu.edu/tfpg Visit Penn State’s College of Agricultural Sciences on the web: agsci.psu.edu This publication is available from the Publications Distribution Center, The Pennsylvania State Univer- sity, 112 Agricultural Administration Building, University Park, PA 16802. For information telephone 814-865-6713. Where trade names appear, no discrimination is intended, and no endorsement by Penn State Cooperative Extension or the College of Agricultural Sciences is implied. This publication is available in alternative media on request. The Pennsylvania State University is committed to the policy that all persons shall have equal access to programs, facilities, admission, and employment without regard to personal characteristics not related to ability, performance, or qualifications as determined by University policy or by state or federal authorities. -
Amendments to the Constitution of the United States: a Commentary George Anastaplo Prof
Loyola University Chicago Law Journal Volume 23 Article 3 Issue 4 Summer 1992 1992 Amendments to the Constitution of the United States: A Commentary George Anastaplo Prof. of Law, Loyola University Chicago, School of Law Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Constitutional Law Commons Recommended Citation George Anastaplo, Amendments to the Constitution of the United States: A Commentary, 23 Loy. U. Chi. L. J. 631 (1992). Available at: http://lawecommons.luc.edu/luclj/vol23/iss4/3 This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Amendments to the Constitution of the United States: A Commentary* George Anastaplo** Thus says the Lord of hosts, the God of Israel, "Amend your ways and your doings, and I will let you dwell in this place. Do not trust in these deceptive words: 'This is the temple of the Lord, the temple of the Lord, the temple of the Lord.' For if you truly amend your ways and your doings, if you truly execute jus- tice one with another, if you do not oppress the alien, the father- less or the widow, or shed innocent blood in this place, and if you do not go after other gods to your own hurt, then I will let you dwell in this place, in the land that I gave of old to your fathers for ever." Jeremiah 7:3-7 TABLE OF CONTENTS 1. -
Rsterrorists on TRIAL
Alex P. Schmid | Alex P. Beatrice de Graaf Terrorism trials are an exceptional opportunity for better understanding and, hence, countering terrorism, since they are often the only place where most if not all of the actors of a terrorist incident meet again, and where the media report and broadcast their respective accounts. A nexus between terrorist violence, law enforcement and public opinion, terrorism trials showcase justice in progress and thus demonstrate to the world how terrorism suspects are treated under national law. editors This volume views terrorism trials as a form of theatre, where the “show” that a trial may offer can develop often unexpected dynamics, which at times might inconvenience the government. Seeing terrorism trials as a stage where legal instruments are used (and abused) to argue ON TRIAL TERRORISTS the validity of contested political constructs, this study presents a performative perspective to draw attention to the mechanisms and effects of terrorism trials in and outside the courtroom. With a special focus on how the power of these performances may in turn shape new narratives of justice and/or injustice, it offers vital insights into terrorism trials directed involving different types of terrorism suspects, from left-wing to ethno-nationalist and jihadist terrorists, in Spain, Russia, Germany, the Netherlands, and the United States. Beatrice de Graaf holds a chair in the History of International Relations & Global Governance at Utrecht University. She was co-founder of the Centre for Terrorism and Counterterrorism at Leiden University, TERRORISTS publishes on security-related themes and is currently working on secu- rity in the nineteenth century for an ERC Project SECURE. -
The Armylawyer
THE ARMY LAWYER Lore of the Corps Special Edi on Judge Advocate General’s Corps Professional Bulle n 27-50-18-02 February 2018 Editor, Captain John Cody Barnes Contributing Editor, Lieutenant Colonel Michael P. Harry and Major Jess B. Roberts Legal Editor, Mr. Sean P. Lyons The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Authors should revise their own writing before submitting it for by The Judge Advocate General’s Legal Center and School, Charlottesville, publication, to ensure both accuracy and readability. The style guidance in Virginia, for the official use of Army lawyers in the performance of their legal paragraph 1-36 of Army Regulation 25-50, Preparing and Managing responsibilities. Correspondence, is extremely helpful. Good writing for The Army Lawyer is concise, organized, and right to the point. It favors short sentences over The opinions expressed by the authors in the articles do not necessarily long and active voice over passive. The proper length of an article for The reflect the view of the Department of Defense, the Department of the Army, Army Lawyer is “long enough to get the information across to the reader, and The Judge Advocate General’s Corps (JAGC), The Judge Advocate General’s not one page longer.” Legal Center and School, or any other governmental or non-governmental agency. Masculine or feminine pronouns appearing in this pamphlet refer to Other useful guidance may be found in Strunk and White, The Elements both genders unless the context indicates another use. of Style, and the Texas Law Review, Manual on Usage & Style. -
THE FINAL STRETCH Surance, Public Service and Schools — Bartow Voters Will Begins for Reach the Local Races on the No- Vember 6 Ballot
Sunday Edition November 4, 2018 BARTOW COUNTY’S ONLY DAILY NEWSPAPER $1.50 Ashley Capital investment to bring Record ‘several hundred’ jobs to Adairsville turnout BY JAMES SWIFT ther a full-building user or multiple users, with a [email protected] minimum tenant size of about 300,000-square- expected feet,” said Ashley Capital Vice President Tim Two major developments are in the works for Schneider. the Georgia North industrial park in Adairsville Construction on the building is anticipated to for Nov. 6 — and half of the proposed project could be com- be completed by July, said Adairsville City Man- pleted as early as next summer. ager Pam Madison. Ashley Capital, a New York-based real estate “We are still in that review phase. We’re await- mid-term investment firm, recently announced plans to ing some comments back from our engineering, construct a 766,000-square-foot building roughly they’re doing their grading, installing their SPECIAL/ASHLEY CAPITAL One of Ashley Capital’s proposed buildings in Adairsville would a mile from Interstate 75. stormwater and sewer,” she said. elections be 766,000 square feet — the larger of the two would be 1.1 “We are moving forward with construction of SEE , PAGE 5A million square feet. a speculative building there, with the hope of ei- PROJECT BY NEIL B. MCGAHEE [email protected] After wading through the state offices at the top of the ballot — New capital Governor, Lt. Governor, Secre- tary of State, Attorney General and commissioners of labor, in- campaign THE FINAL STRETCH surance, public service and schools — Bartow voters will begins for reach the local races on the No- vember 6 ballot. -
Military Commissions and Aggregate Article 8 Processing (Summer 2012)
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Saint Louis University School of Law Research: Scholarship Commons Saint Louis University Law Journal Volume 56 Number 4 Justice Systems Circa 2011: Public Courts, Military Commissions and Aggregate Article 8 Processing (Summer 2012) 2012 Charm Offensive in Lilliput: Military Commissions 3.1 Eugene R. Fidell Yale Law School, [email protected] Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Eugene R. Fidell, Charm Offensive in Lilliput: Military Commissions 3.1, 56 St. Louis U. L.J. (2012). Available at: https://scholarship.law.slu.edu/lj/vol56/iss4/8 This Childress Lecture is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW CHARM OFFENSIVE IN LILLIPUT: MILITARY COMMISSIONS 3.1 EUGENE R. FIDELL* INTRODUCTION It’s a season of anniversaries. It has been over ten years since the execution of the November 13, 2001, Military Order by which President George W. Bush revived military commissions.1 Since their revival, the commissions have spawned a Niagara of scholarly analysis2 and, of course, litigation3—both out of all proportion to the handful of cases they have actually tried. Both bodies of work, the scholarship and the litigation, have understandably focused on the * Senior Research Scholar in Law and Florence Rogatz Visiting Lecturer in Law, Yale Law School. -
Military Law Review
Volume 225 Issue 2 2017 ACADEMIC JOURNAL 27-100-225-2 ACADEMIC JOURNAL MILITARY LAW REVIEW ARTICLES CIVILIANS WITH SKIN IN THE GAME: THE LAW OF WAR MANUAL’S REJECTION OF THE ICRC GUID- ANCE ON DIRECT PARTICIPATION IN HOSTILITIES Major Cynthia Marshall MILITARY LAW REVIEW LAW MILITARY PRIVILEGED COMMUNICATIONS OF MILITARY CHAPLAINS AND MENTAL HEALTH PROFESSIONALS: CASE LAW OF MILITARY RULES OF EVIDENCE 503 AND 513 Tarik Abdel-Monem et al. THE TWENTY-EIGHTH MAJOR FRANK B. CREEKMORE JR. LECTURE Ms. Pascale Helene Dubois HYPOTHETICALLY SPEAKING: THE CONSTITUTIONAL PARAMETERS OF CAPITAL VOIR DIRE IN THE MILITARY AFTER MORGAN V. ILLINOIS MAJOR JANAE M. LEPIR APPLYING COMBATANT STATUS UNDER THE INTERNATIONAL LAW OF ARMED CONFLICT TO THE DOMESTIC MILITIA SYSTEM OF THE UNITED STATES Second Lieutenant Travis R. Stevens-White FROM ROME TO THE MILITARY JUSTICE ACTS OF 2016 AND BEYOND: CONTINUING CIVIL- IANIZATION OF THE MILITARY CRIMINAL LEGAL SYSTEM Mr. Fredric I. Lederer VOLUME 225 • 2017 Academic Journal 27-100-225-2 Military Law Review Volume 225 Issue 2 2017 CONTENTS Articles Civilians with Skin in the Game: The Law of War Manual’s Rejection of the ICRC on Direct Participation in Hostilities Major Cynthia Marshall 259 Privileged Communications of Military Chaplains and Mental Health Professionals: Case Law of Military Rules of Evidence 503 and 513 Tarik Abdel-Monem et al. 289 The Twenty-Eighth Major Frank B. Creekmore Jr. Lecture Pascale Helene Dubois 346 Hypothetically Speaking: The Constitutional Parameters of Capital Voir Dire in the Military After Morgan v. Illinois Major Janae M. Lepir 375 Applying Combatant Status Under the International Law of Armed Conflict to the Domestic Militia System of the United States Second Lieutenant Travis R.