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Military Law Review-Vol xa i MILITARY % LAW ri n REVIEW L 0 Lc PROFESSIONAL WRITING AWARD FOR 1984 L C I G Volume 109 Summer 1985 Pamphlet HEADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-109 Washington, D.C., Summer 1985 MILITARY LAW REVIEW-VOL. 109 The Military Law Review has been published quarterly at The Judge Advocate General’s School, US. Army, Charlottesville, Virgi- nia, since 1958. The Review provides a foru’mfor those interested in military law to share the products of their experience and research and is designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference will be given to those writings having lasting value its reference material for the military lawyer. The Review encourages frank discussion of relevant legislative, administrative, and judicial developments. EDITORIAL STAFF CAPTAIN STEPHEN J. KACZYNSKI, Editor CAPTAIN DEBRA L. BOUDREAU, Editor MS. EVA F. SKINNER, Editorial Assistant SUBSCRIPTIONS: Private subscriptions may be purchased from the Superintendent of Documents, United States Government Print- ing Office, Washington, D.C. 20402. Publication exchange subscrip- tions are available to law schools and other organizations which publish legal periodicals. Editors or publishers of such periodicals should address inquiries to the Editor of the Review. Inquiries concerning subscriptions for active Army legal offices, other federal agencies, and JAGC officers in the USAR or ARNGUS not on active duty should be addressed to the Editor of the Review. To insure continued distribution, Reserve Component judge ad- vocates should promptly inform the U.S. Army Reserve Personnel Center of address changes. Judge advocates of other military depart- ments should request distribution from their service’s publication channels. CITATION: This issue of the Review may be cited as 109 Mil. L. Rev. (number of page) (1985). Each quarterly issue is a complete, separately numbered volume. i The MiZitary Law Review (ISSN 0026-4040) is published quarterly at The Judge Advocate General’s School, U.S. Army, Charlottesville, Virginia 22903-1781. Second-class postage paid at Charlottesville, Virginia and additional mailing offices. POSTMASTER: Send address changes to Military Law Review, The Judge Advocate General’s School, U.S. Army, Charlottesville, Virginia 22903-1781. INDEXING: The primary Military Law Review indices are volume 91 (winter 1981) and volume 81 (summer 1978). Volume 81 included all writings in volumes 1 through 80, and replaced all previous Reviac>indices. Volume 91 included writings in volumes 75 through 90 (excluding Volume 81), and replaced the volume indices in volumes 82 through 90. Volume indices appear in volumes 92 through 95, and are replaced by a cumulative index in volume 96. A cumulative index for volumes 97-101 appears in volume 101. Volumes 101 to 111 will he indexed in volume 111. Military Law Review articles are also indexed in the Atlmnrd Bib1io.qraph.q qf Cnntmtq: Political Science and Government; L.qal Contats (C. C.L. P.); Inde:r to k,qnl Periodicals; Monthly Catalog qf llnitd Stute.s Government Puhliratirms; Law Rm&w fiqPst; Indm to U.S. Govmmmt Pwiodirals; Lqnl Resnurce.? Inikr; two computer- ized data bases, the Public Affairs Information Smicp and Thp Social Scipnce Citn- tion Index; and other indexing services. Issues of the Military Law Rmv’eir~are reproduced on microfiche in Currmt U.S. Gowmment Pwiotlicals on Mirrqfirhp, by Infordata International Incorporated, Suite 4602, 175 East Delaware Place, Chicago, Illinois 6061 1. ii MILITARY LAW REVIEW TABLE OF CONTENTS Title Pase Professional Writing Award for 1984 ........................ V The Grenada Intervention: A Legal Analysis Major Ronald M. Riggs ................................ 1 Character Evidence Colonel Francis A. Gilligan ............................ 83 Military Disability in a Nutshell Major Chuck R. Pardue .............................. .149 The Israeli Aerial Raid Upon the Iraqi Nuclear Reactor and the Right of Self-Defense Lieutenant Colonel Uri Shoham ....................... .191 BOOK REVIEWS: Administrative Rulemaking: Structuring, Opposing, and Defending Federal Agency Regulations and A Guide to Federal Agency Rulemaking MajorMichaelP.Cox ................................. 225 PUBLICATIONS RECEIVED AND BRIEFLY NOTED ...........231 iii MILITARY LAW REVIEW (Vol. 109 MILITARY LAW REVIEW SUBMISSION OF WRITINGS: Articles. comments. recent development notes. an(, hook reviews should he submitted typed in duplicate. double-spaced. to the Editor, Mi/iturj/ Lnw Rt>/>i/>w,The .Judge Advocate General's School. (1,s. Army, Charlottes- ville, Virginia 22903-1781, Footnotes should he double-spared and should appear as a separate appendix at the end of the text. Footnotes should he numbered consecutively from the beginning to end of a writing, not chapter by chapter. Citations should conform to the C7)!/"i~rm .Y!/.strw (!/'Citrrtioj/(lBth pd. 1981). cmopyrighted hy the C'o/u/tr/)itr,Htrr/~rrtl. and l'ui- it(/ o/'PcI/,rs~//cvrt2irrLtr i/' RP/'/'P/(..Vand the Y///PLtr//.Jotrrrrrr/. Masculine pronouns appearing in the text will refer to hoth genders unless the context indicates another use. Typescripts should include hiographical data concerning the author or authors. This data should cwnsist of rank or other title, present and immediate past positions or duty assignments. all degrees. with names of granting schools and years received, har admissions. and previous puhlic,ations. 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 sour('e of the degree. EDITOKIAI, REVIEW: The Editorial Hoard of the ,Militti r(/ Lir I(%Rt~c~ivw consists of the Deputy Commandant of The .Judge Advocate General's School, the Director, Ikvelopments, Doctrine. and Literature Department, and the Editor of the Rf~r~ic~w. They are assisted by instructors from the teaching divisions of the School's Academic, Department. The Board submits its recommendations to the Commandant, T.JAGSA. who has final approval authority for writings puhlished in the RwitJw.The .Wi/itc!rj/ Ltrw Rtvirrc, dnes not purport to promulgate Department of the Army policy or to he 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 Advocate General or any governmental agency. The Board will evaluate all material submitted for puhlication. In determining whether to publish an article, note, or book review, the Board will consider the item's suhstantive accuracy. comprehensiveness, organization, clarity, timeliness, original- ity, and value to the military legal community. There is no minimum or maximum length requirement, When a writing is accepted for puhlication, a impy of the edited manuscript will generally he provided to the author for prepuhlication approval. However. minor altrrations may he made in suhsequent stages of the puhlication process without thv approval of the author. Hecause of c,ontrac-tlimitations. neither galley proofs nor page proofs are provided to authors. Reprints of puhlished writings are not available. However. authors receive compli- mentary copies of the issues in which their writings appear. Additional copies are usually availahle in limited quantities. They may he requested from the Editor of the Rf.f~i/Jr/-. RACK ISSUES:Copies of recent hack issues are available in limited quantities from the Editor of the Kt~r~ic~w.For individual military personnel on active duty, recent hack issues are also available from the U.S. Army AG Publications Center, ATTN: Distribution Management Division, 2800 Eastern Boulevard, Baltimore. Maryland 21220. Round copies are nnt available and suhscrihers should make their own arrange- ments for hinding if desired. REPRINT PERMISSION: Contact the Editor, AMi/ittrr//L/IW Kt,/~it~cr~, The Judge Ad- vocate General's School, LT.S. Army, Charlottesville. i'irginia %290:3-1781. iv 19851 PROFESSIONAL WRITING AWARD PROFESSIONAL WRITING AWARD FOR 1984 Each year, the Alumni Association of The Judge Advocate General’s School presents an award to the author of the best article published in the Military Law Review during the preceding calendar year. The purposes of the award are to recognize outstanding scholarly achievements in military legal writing and to encourage further writing. The award was first given in 1963, the sixth year of the Review’s existence. The award consists of a citation signed by The Judge Ad- vocate General and an engraved plaque. Selection of the winning award is based upon the article’s long-term value as an addition to military legal literature, its usefulness to judge advocates in the field, and the quality of its writing, organization, analysis, and re- search. The award for 1984 was presented to Major Thomas Frank England, JAGC, US. Army, for his article entitled, “The Active GuardiReserve Program: A New Military Personnel Status, ” which appeared in volume 106, the fall 1984 issue of the Military Law Review. Major England, currently serving as the Officer-in-Charge of the Heilbronn Branch Office of the Office of the Staff Judge Ad- vocate, VI1 Corps, Federal Republic of Germany, prepared the article as a thesis in partial fulfillment of the requirements of the 32d Judge Advocate Officer Graduate Course, 1983-84. In the award-winning article, Major England first surveyed the history and purpose
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