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Military Law Review Volume 134 Fall 1991 MILITARY LAW REVIEW ARTICLES THE GO~.ERSMEST-WIDEDEBARMENT AXD SL~SPESSIOS REGVLATIOSSA FTER A DECADE--4 COSSTITUTIOSAL FRAMEWORK-YET,SOME ISLES REXAIS Is TRANSITIOS, . , , . , , , , , , . , . , . , . , . Brian D. Shannon ML-LTIPLICITYIS THE MILITARY , . , . , . , . , , , , . , , . , . , . , . , . , . , . , I . I . Major Thomas Herrington DIVIDISG hfILITARY RETIREMENT PAY AND DISABILITY PAY: A MORE EQL'ITABLE APPROACH , , , . ,., , , . , . , . , . , . , . , . , , . , . , . , Captain Mark E. Henderson M ASSASSISATIOS.ASD THE LAIC' OF ARYEDCOSFLICT , , . , . , . , . , . , . , , , , . , . , , , , . , . , . , . , . Lieutenant Commander Patricia Zengel THE JACKSO>-VILLEMrxsY , . , , , , . , . , . , . , . , . , . , . , . , . , . , , , , . , . Captain Kevin Bennett THE ADVOCATE'S USE OF SOCIAL SCIESCE RESEARCH INTO VERBAL 41-D xOSiVERB..\L CO~lISl~SlCATIOSi: ZEALOUS ADVOCACY OR UKETH~CALCONDUCT? . , . , . , . , . , . , . , , . , . , , , ,Captain Jeffrey D.Smith GI.ILTYP LEA ISQUIRIES:Do WE CARE Too MCCH? . , . , . , . , . , . , , . , . , . ,.,.,.MajorTerry L. Elling BOOK REVIEWS Charlottesville, Virginia Pamphlet HEADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-134 Washington, D.C., Fall 1991 MILIDIRY LAW REVIEW- VOLUME 134 The Military Law Review has been published quarterly at The Judge Advocate General’s School, US. Army, Charlottes- ville, Virginia, since 1958. The Review provides a forum for those interested in military law to share the products of their experiences and research and is designed for use by military attorneys in connection with their official duties. Writings of- fered for publication should be of direct concern and import in this area of scholarship, and preference will be given to writ- ings that have lasting value as reference materials for the mil- itary lawyer. The Review encourages frank discussion of rele- vant legislative, administrative, and judicial developments. EDITORIAL STAFF MAJOR DANIEL P. SHAVER, Editor MS. EVA F. SKINNER, Editorial Assistant SUBSCRIPTIONS: Private subscriptions may be purchased from the Superintendent of Documents, United States Govern- ment Printing Office, Washington, D.C. 20402. Publication ex- change subscriptions are available to law schools and other organizations that publish legal periodicals. Editors or pub- lishers of these periodicals should address inquiries to the Edi- tor of the Review. Inquiries concerning subscriptions for active Army legal of- fices, other federal agencies, and JAGC officers in the ARNGUS not on active duty should be addressed to the Editor of the Review. The editorial staff uses address tapes furnished by the US. Army Reserve Personnel Center to send the Re- view to JAGC officers in the USAR; Reserve judge advocates promptly should inform the Reserve Personnel Center of ad- dress changes. Judge advocates of otiler military departments should request distribution from their service’s publication channels. CITATION: This issue of the Review may be cited as 134 MIL. L. REV. (number of page) (1991). Each quarterly issue is a complete, separately numbered volume. i POSTAL IKFORMATION: The Military Law Review (ISSN 0026-4040) is published quarterly at The Judge Advocate Gen- eral’s School, U.S. Army, Charlottesville, Virginia 22903-1781. Second-class postage paid at Charlottesville, Virginia and ad- ditional mailing offices. POSTMASTER: Send address changes to Military Law Review, The Judge Advocate General’s School, US. Army, Charlottesville, Virginia 22903-1781. INDEXING: The primary Military Law Review indices are volume 91 (winter 1981) and volume 81 (summer 1978). Vol- ume 81 included all writings in volumes 1 through 80, and re- placed all previous Review indices. Volume 91 included writ- ings in volumes 75 through 90 (excluding Volume Sl), and replaced the volume indices in volumes 82 through 90. Volume indices appear in volumes 92 through 95, and were replaced by a cumulative index in volume 96. A cumulative index for volumes 97-101 appears in volume 101, and a cumulative in- dex for volumes 102-111 appears in volume 111. Volume 121 contains a cumulative index for volumes 112-121. Volume 131 contains a cumulative index for volumes 122-131. Military Law Review articles are also indexed in A Bibliog- raphy of Contents: Political Science and Government; Legal Contents (C.C.L.P); Index to Legal Periodicals; Monthly Cata- logue of United States Government Publications; Index to US. Government Periodicals; Legal Resources Index; three com- puterized data bases, the Public Affairs Information Service, The Social Science Citation Index, and LEXIS; and other in- dexing services. Issues of the Military Law Review are repro- duced on microfiche in Current US. Government Periodicals on Microfiche, by Infordata International Inc., Suite 4602, 175 East Delaware Place, Chicago, Illinois 6061 1. ii MILITARY LAW REVIEW Volume 134 Fall 1991 CONTENTS ARTICLES The Government-Wide Debarment and Suspension Regulations After a Decade-A Constitutional Framework-Yet, Some Issues Remain in Transi- tion ...................................... Brian D. Shannon 1 Multiplicity in the Military ........................... .Major Thomas Herrington 45 Dividing Military Retirement Pay and Disability Pay: A More Equitable Approach ......................... Captain Mark E. Henderson 87 Assassination and the Law of Armed Conflict ...........Lieutenant Commander Patricia Zengel 123 The Jacksonville Mutiny.. Captain Kevin Bennett 157 The Advocate’s Use of Social Science Research into Verbal and Nonverbal Communication: Zealous Advocacy or Unethical Conduct? ............................. Captain Jeffrey D. Smith 173 Guilty Plea Inquiries: Do We Care Too Much? ................................. .Major Terry L. Elling 195 BOOK REVIEWS iii SUBMISSIOS OF WRITINGS: Articles, comments, recent development notes, and book reviews should be submitted, typed in duplicate, double-spaced, to the Editor, Military Law Review, The Judge Advocate General’s School, U.S. Army, Charlottesville, Virginia 22903-1781 (hereinafter TJAGSA). Authors also should submit 5N-inch or 3Winch computer diskettes containing their articles in IBM- compatible format. Footnotes also must be typed double-spaced and should appear as a separate appendix at the end of the text. Footnotes should be numbered consecutively from the beginning to end of a writing, not chapter by chapter. Citations should conform to A Cniform System of Citation (15th ed. 1991), copyrighted by the Columbia, Haward, and University of Pennsylvania Law Reviews and the Yale Law Journal. Masculine pronouns appearing in the text will refer to both genders unless the context indicates another use. Typescripts should include biographical data concerning the author or authors. This data should consist of grade or other title, present and immediate past positions or duty assignments, all degrees, with names of granting schools and years received, bar admissions, an.d previous publications. If the article was a speech or was prepared in partial fulfillment of degree requirements, the author should include date and place of delivery of the speech or the source of the degree. EDITORIAL REVIEW: The Editorial Board of the Military Law Review consists of the Deputy Commandant of The Judge Advocate General’s School; the Director, Developments, Doctrine, and Literature Department; and the Editor of the Review. They are assisted by instructors from the teaching divisions of the School’s Academic Department. The Board submits its recommendations to the Commandant, TJAGSA, who has final approval authority for writings published in the Review. The Military Law Review does not purport to promulgate Department of the Army policy or to be in any sense directory. The opinions and conclusions reflected in each writing are those of the author and do not necessarily reflect the views of The Judge -4dvocate General or any governmental agency. The Board will evaluate all material submitted for publication. In determining whether to publish an article, note, or book review, the Board will consider the item’s substantive accuracy, comprehensiveness, organization, clarity, timeliness, originality. and value to the military legal community. There is no minimum or maximum length requirement. When a writing is accepted for publication, a copy of the edited manuscript generally will be provided to the author for prepublication approval. Minor alterations may be made in subsequent stages of the publication process without the approval of the author. Because of contract limitations, page proofs are not provided to authors. Reprints of published writings are not available. Authors receive complimentary copies of the issues in which their writings appear. Additional copies are usually available in limited quantities. They may be requested from the Editor of the Review BACK ISSUES: Copies of recent back issues are available to Army legal offices in limited quantities from the Editor of the Review. Bound copies are not available and subscribers should make their own arrangements for binding if desired. REPRINT PERMISSIOS: Contact the Editor, Military Law Review, The Judge Advocate General’s School, U.S Army, Charlottesville, Virginia 22903-1781 iv MILITARY LAW REVIEW Volume 134 Fall 1991 THE GOVERNMENT-WIDE DEBARMENT AND SUSPENSION REGULATIONS AFTER A DECADE-A CONSTITUTIONAL FRAMEWORK-YET, SOME ISSUES REMAIN IN TRANSITION BRIAN D. SHANNON* I. Introduction “[Tlhe current [debarment and suspension] process maintains an appropriate balance between protecting the government’s
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