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The Army Lawyer (ISSN 0364-1287) Editor, Captain John B Department of the Army Pamphlet 27-50-277 December 1995 Table of Contents Articles Army Legal Assistance: Update. Initiatives, and Future Challenges Colonel Alfred F. Arquilla. Lieutenant Colonel Linda K. Divided We Stand: Counterintelligence Coordination Within the Intelligence Community of the United states ................................................................ 26 Lieutenant Colonel David M. Crane Federal Representation of National Guard Members in civil Litigation ........................................... ............................................... 41 Major Michael E. Smith Neither Man nor Beast: meNational Guard Technician, Modern Day Military Minotaur ........................... .................................... Major Michael J. Davidson and Major Steve Walters TJAGSA Practice Notes ................... ................................................ ..................................................................................................... Faculty. The Judge Advocate General’s School International and Operational Law Notes ........................................................... ................................................................................................. , Congressional Testimony on the Department of Defense Assistance to the Preparations for the Bureau of Alcohol, Tobacco, and ! Firearms Raid on the Bmch Davidian Compound a1 Waco. Texas Legal Assistance Items ......................... ......................................... - ........................................................................ 64 Soldiers’ and Sailors’ Civil Relief Act Note (The Soldiers’ and Sailors’ Civil Relief Act: Due Process for Those Who Defend Due Process); Office Management and Professional Responsibility Note (Redacting Legal Assistance Reading File Materials); Consumer Law Note (Door-to-Door Sales; The Telemarketing Rule); Family Law Notes (Medical and Dental Care for Wards and &adoptive Children; Resolving Paternity and Nonsupport Allegations-No Easy Way Out; Drafting a Separation Agreement? Don’t Forget the Survivor Benefit Plan!); Office Management Note (TJAGSA Legal Assistance Course) Contract Law Notes ....................................................................................... ....................................... :.............................................................................. :. 72 New Investigation and Reporting Requirements for Antideficiency Act Violations Criminal Law Notes ................................................... .............................................. 74 ................................................................... Will Prosecutors Ever Learn? Nondisclosure at Your Peril. .... ,II " .,. , A .. i Notes from the Field .................................................................................................................................................................................................. ~,.~79 L , Captain David G. Bolgiano 4 r ; ; Firearms Training Systems: A Proposal for Future Rules of Engagement Training I" , ; USALSA Report .......................................................................................................................... ............................................................. 82 , 1 United Slates Amy Legal Services Agency /I4itigation Division Notes ........................................................................ ........................................................................................ I 82 1 The Proposed Military Personnel Review Act Environmental Law Division Notes ................................................. ........................................................................... 83 Recent Environmental Law Developments Claims Report ,....... ............................................................ 2. .............................................................................................. 90 Uniled Slates Army Ckiim Service Claims Note (Tax Implications of Structured Settlements); Tort Claims Note (Tort Claims Based on Premises Liability at State Owned Army National Guard Facilities); Personnel Claims Note (The Need for Infonnatio-er Correspondence; Processing kticle 139 Claims Under the New Claims Regulation) Guard and Reserve Affairs Items .. 99 Guard and Reserve Anairs Division, OTJAC Academic Year 1995-1996 Judge Advocate Triennial Training and Judge Advocate Office Advanced Course, Phase 11; The Judge Advocate General's Continuing Legal Education On-Site Schedule Update: The Judge Advocate General's School Continuing Legal Education On-Site Training, Academic Year 96 Professional Responsibility Notes ...................................... 1....... :................ ................................................ ............................................... 101 SIandards of Conduct Oflcc, OTJAG P Lawyers Lose Good Standing in Some States by Requesting Inactive Status and Paying Reduced Fees: Army Regulations Require , Army Military and Civilian Lawyers to Assure Their Continued Good Standing CLE News .................................................................... 103 .. Current Material of Interest ........................................... ...................................................... I07 The,ArmyLawyer Index for 1995 ...................................................................................... 114 Subject Index ........................................................... ............................................................ I14 ., ,. Author Index .............................................................................................................................................................. ,...I: .................................... ,........... 117 7, ., , 5, lndex of Legal Assistance ltems ................................................................................................................... :.... ', ............ :......... : ...................................... 119 The Army Lawyer (ISSN 0364-1287) Editor, Captain John B. Wells Editorial Assista d by The Judge Advocate The Army Lawyer articles are indexed in the Index to Legal General's School for the official use of Amy lawyers in the perfomlance PeriOdiCak the current hWIndex the &gal Resources Index. and the of their legal responsibilities. The opinions expressed by the authors in Index lo U.S. Government Periodicals. ' ,,' , I I the articles, however, do not necessarily reflect the view of The Judge Advocate General or the Department of [he Army. Masculine or Individual paid Subscriptions are available -through the Superintendent feminine pronouns appearing in this pamphlet refer to both genders a, of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250, unless the context indicates another use. facsimile (202) 512-2233. The Army Lawyer welcomes articles on topics of interest to mi1ik-y Aaiimss changes: Rovide changes to the Editor, 7he Army Lawyer, lawyers. Articles should be typed double-spaced and submitted to: TJAGSA, Charlottesville. VA 22903-1781. Editor, The Army Lawyer, The Judge Advocate General's School, US. I .,. ,- Army, Charlottesville. Virginia 22903-1781. Footnotes, if included. should be typed double-spaced on a separate sheet. Articles also should be submitted on floppy disks, and should be in either Microsoft Word, Second-class postage paid at Charlottesville. VA and additional Wordperfect. Enable, Multimate, DCA Rm. or ASCII format. Articles mailing offices. Send address changes to The Judge should follow A Uniform System of Citution (15th ed. 1991) and Milirary POSTMASTER Citation (TJAGSA, July 1992). Manuscripts will be returned only upon Advocate General's School, U.S. Army, Attn: JAGS-DDL. specific request. No compensation can be paid for articles. Charlottesville. VA 22903- 1781, Army Legal Assistance: Update, Initiatives, and Future Challenges , Colonel Alfred E Arquilla Former Chief, Legal Assistance Division Ofice of The Judge Advocate General, United States Army Washington, D. C. Lieutenant Colonel Linda K. Webster Former Deputy Chief; Legal Assistance Division Ofice of The Judge Advocate General, United States Anny Washington, D.C. Ms. Juliet M. Dupuy 1995 Summer Intern, Legal Assistance Division Ofice of The Judge Advocate General, United States Army Washington, D.C. Introduction' In addition to discussing the more significant changes made to these regulations, this article also addresses Army legal assis- The Legal Assistance Division, Office of The Judge Advo- tance statistics and surveys, joint legal assistance efforts, Army cate General (OTJAG), is now the proponent for threehy regu- tax assistance services, some recent changes in the law and other lations. all of which have been revised during the past two years. regulations affecting legal assistance services, and future chal- Army Regulation 27-3, The Army Legal Assistance Program: lenges for the Army legal assistance program. which contains Army policy on legal assistance services, was re- vised in 1995 to update the complete 1992 revision of Army Regu- Legal Assistance Statistics lation 27-3.3 Also, Army Regulation 27-55, Notarial Services: another legal assistance regulation, was completely revised in Before looking at the future, it might be useful to examine 1994, and contains Army policy on notarial services in the Army. Army legal assistance statistics collected over the past five calen- Finally, AmyRegulation 608-99, Family Support, Child Custody, dar years by the Legal Assistance Division,
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