Military Law Review, Volume 223, Issue 2, 2015
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U.S. Volume 223 Issue 2 2015 DEP’T OF ARMY PAMPHLET 27-100-224 PAMPHLET ARMY OF DEP’T MILITARY LAW REVIEW ARTICLES BARRACKS, DORMITORIES, AND CAPITOL HILL: FINDING JUSTICE IN THE DIVERGENT POLITICS OF MILITARY AND COLLEGE SEXUAL ASSAULT Major Robert E. Murdough MILITARY LAW REVIEW LAW MILITARY RUDDERLESS: 15 YEARS AND STILL LITTLE DIRECTION ON THE BOUNDARIES OF MILITARY RULE OF EVIDENCE 513 Major Michael Zimmerman OPEN-ENDED PHARMACEUTICAL ALIBI: THE ARMY’S QUEST TO LIMIT THE DURATION OF CONTROLLED SUBSTANCES FOR SOLDIERS Major Malcolm Wilkerson ILITARY ONSTRUCTION ROJECTS XPLORING LTERNATE UNDING OURCES IN IMES OF ISCAL M C P : E A F S T F AUSTERITY Major David R. Schichtle Jr. A BETTER UNDERSTANDING OF BULLYING AND HAZING IN THE MILITARY Major Stephen M. Hernandez The Second Major General John L. Fugh Symposium VOLUME 223 2015 Department of the Army Pamphlet 27-100-224 Military Law Review Volume 223 Issue 2 2015 CONTENTS Articles Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault Major Robert E. Murdough 233 Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513 Major Michael Zimmerman 312 Open-ended Pharmaceutical Alibi: The Army’s Quest to Limit the Duration of Controlled Substances for Soldiers Major Malcolm Wilkerson 343 Military Construction Projects: Exploring Alternate Funding Sources in Times of Fiscal Austerity Major David R. Schichtle Jr. 396 A Better Understanding of Bullying and Hazing in the Military Major Stephen M. Hernandez 415 Symposium The Second Major General John L. Fugh Symposium 440 i Headquarters, Department of the Army, Washington, D.C. Pamphlet No. 27-100-224, 2015 Military Law Review Volume 223 Issue 2 Board of Editors Colonel James F. Garrett Dean, The Judge Advocate General’s School Lieutenant Colonel William E. Mullee Chair, Administrative and Civil Law Department Major Elizabeth A. Turner Director, Professional Communications Program Captain Justin C. Barnes Editor Since its inception in 1958 at The Judge Advocate General’s School, U.S. Army, in Charlottesville, Virginia, the Military Law Review has encouraged a full and frank discussion of legislative, administrative, and judicial principles through a scholarly examination of the law and emerging legal precepts. In support of that mission, the Military Law Review publishes scholarly articles that are relevant to, and materially advance, the practice of law within the military. The Military Law Review does not promulgate official policy. 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If people have engaged in this behavior, they should be prosecuted. 1 —President Barack Obama This is on all of us, every one of us, to fight campus sexual assault. You are not alone, and we have your back, and we are going to organize campus by campus, * Judge Advocate, United States Army. Presently assigned as Brigade Judge Advocate, Division Artillery, 25th Infantry Division, Schofield Barracks, Hawaii. J.D. 2011, William and Mary Law School; B.S. 2003, United States Military Academy. Previous assignments include Legal Assistance Attorney, Trial Counsel, and Senior Trial Counsel, 10th Mountain Division (Light Infantry), Fort Drum, New York, 2012-2014; Company Commander and Battalion Operations Officer, 1st Battalion, 46th Infantry, Fort Knox, Kentucky, 2007-2008; Rifle Platoon Leader, Company Executive Officer, and Mortar Platoon Leader, 4th Battalion, 23d Infantry Regiment, 172d Stryker Brigade Combat Team, Fort Richardson, Alaska, 2004-2007. Member of the Bars of New Hampshire and the United States District Court for the Northern District of New York. This article was submitted in partial completion of the Master of Laws requirements of the 63d Judge Advocate Officer Graduate Course. The author thanks Major Shaun Lister, Major Ryan Howard, Major Kenneth Borgnino, and Major Eldon Beck for assistance with editing and providing recommendations to improve this article. 1 President Barack Obama, Remarks by President Obama and President Park of South Korea in a Joint Press Conference (May 7, 2013), available at http://www.whitehouse.gov/the-press-office/2013/05/07/remarks-president-obama-and- president-park-south-korea-joint-press-confe. 234 MILITARY LAW REVIEW [Vol. 223 city by city, state by state. This entire country is going to make sure that we understand what this is about, and that we’re going to put a stop to it. 2 —President Barack Obama I. Introduction She is nineteen years old.