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Headquarters, Department of the Army Headquarters, Department of the Army Department of the Army Pamphlet 27‐50‐448 September 2010 Articles Army Review Boards and Military Personnel Law Practice and Procedure Jan W. Serene Non‐Deployable: The Court‐Martial System in Combat from 2001 to 2009 Major Frank D. Rosenblatt Narrowing the Doorway: What Constitutes a Crimen Falsi Conviction Under Revised Military Rule of Evidence 609(a)(2)? Major Christopher E. Martin The Case Review Committee: Purpose, Players, and Pitfalls Major Toby N. Curto USALSA Report U.S. Army Legal Services Agency Trial Judiciary Notes A View from the Bench: Publishing Exhibits to Court Members Colonel Timothy Grammel A View from the Bench: A Military Judge’s Perspective on Objections Colonel Gregg A. Marchessault Book Reviews CLE News Current Materials of Interest Editor, Captain Ronald T. P. Alcala Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly The Army Lawyer articles are indexed in the Index to Legal Periodicals, by The Judge Advocate General’s Legal Center and School, Charlottesville, the Current Law Index, the Legal Resources Index, and the Index to U.S. Virginia, for the official use of Army lawyers in the performance of their Government Periodicals. The Army Lawyer is also available in the Judge legal responsibilities. Individual paid subscriptions to The Army Lawyer are Advocate General’s Corps electronic reference library and can be accessed available for $45.00 each ($63.00 foreign) per year, periodical postage paid at on the World Wide Web by registered users at http://www.jagcnet.army. Charlottesville, Virginia, and additional mailing offices (see subscription form mil/ArmyLawyer. on the inside back cover). POSTMASTER: Send any address changes to The Judge Advocate General’s Legal Center and School, 600 Massie Road, Address changes for official channels distribution: Provide changes to ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center expressed by the authors in the articles do not necessarily reflect the view of and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, The Judge Advocate General or the Department of the Army. Masculine or Virginia 22903-1781, telephone 1-800-552-3978 (press 1 and extension feminine pronouns appearing in this pamphlet refer to both genders unless the 3396) or electronic mail to [email protected]. context indicates another use. Articles may be cited as: ARMY LAW., [date], at [first page of article], The Editor and Assistant Editor thank the Adjunct Editors for their [pincite]. invaluable assistance. The Board of Adjunct Editors consists of highly qualified Reserve officers selected for their demonstrated academic excellence and legal research and writing skills. Prospective candidates may send Microsoft Word versions of their resumes, detailing relevant experience, to the Technical Editor at [email protected]. The Editorial Board of The Army Lawyer includes the Chair, Administrative and Civil Law Department; and the Director, Professional Writing Program. The Editorial Board evaluates all material submitted for publication, the decisions of which are subject to final approval by the Dean, The Judge Advocate General’s School, U.S. Army. The Army Lawyer welcomes articles from all military and civilian authors on topics of interest to military lawyers. Articles should be submitted via electronic mail to [email protected]. Articles should follow The Bluebook, A Uniform System of Citation (19th ed. 2010) and the Military Citation Guide (TJAGLCS, 15th ed. 2010). No compensation can be paid for articles. New Developments Administrative & Civil Law ....................................................................................................................................................... 1 Lore of the Corps For Heroism in Combat While Paying Claims: The Story of the Only Army Lawyer to be Decorated for Gallantry In Vietnam Fred L. Borch III ...................................................................................................................................................................... 2 Articles Army Review Boards and Military Personnel Law Practice and Procedure Jan W. Serene .......................................................................................................................................................................... 4 Non-Deployable: The Court-Martial System in Combat from 2001 to 2009 Major Frank D. Rosenblatt ....................................................................................................................................................... 12 Narrowing the Doorway: What Constitutes a Crimen Falsi Conviction under Revised Military Rule of Evidence 609(a)(2)? Major Christopher E. Martin .................................................................................................................................................... 35 The Case Review Committee: Purpose, Players, and Pitfalls Major Toby N. Curto ................................................................................................................................................................ 45 USALSA Report U.S. Army Legal Services Agency Trial Judiciary Notes A View from the Bench: Publishing Exhibits to Court Members Colonel Timothy Grammel ........................................................................................................................................................................ 54 A View from the Bench: A Military Judge’s Perspective on Objections Colonel Gregg A. Marchessault................................................................................................................................................................ 58 Book Reviews Bad Advice: Bush’s Lawyers in the War on Terror Reviewed by Major Laura R. Kesler .......................................................................................................................................... 64 American Lion Reviewed by Major LaShanda F. Ellis-Ramsey .......................................................................................................................... 68 CLE News .................................................................................................................................................................. 72 Current Materials of Interest .................................................................................................................................. 85 Individual Paid Subscriptions to The Army Lawyer ........................................................................ Inside Back Cover SEPTEMBER 2010 • THE ARMY LAWYER • DA PAM 27-50-448 New Developments Center for Law & Military Operations CLAMO Publishes New Rule of Law Handbook1 Two new sections have been added to the fourth edition. Chapter 9 discusses rule of law metrics and provides sample The Center for Law and Military Operations (CLAMO) checklists to help judge advocates formulate their own has published the latest Rule of Law Handbook, which is “tailored set of metrics for the operation at hand.”5 Chapter now available online from CLAMO’s website.2 The new 10 explains how practitioners can use Human Terrain Teams Rule of Law Handbook is in its fourth edition and has been to support rule of law initiatives. The discussion of sharia updated to include the latest information from practitioners law in chapter 5 has also been substantially revised. in the field and descriptions of recent rule of law projects. In addition, the handbook includes rule of law narratives The Rule of Law Handbook is designed to serve as an provided by recently deployed practitioners. One article educational tool to assist judge advocates and paralegals offers the British perspective on support to the informal involved in the rule of law mission during on-going military justice sector in Helmand Province, Afghanistan. Another, operations.3 Written primarily for judge advocates, the written by an Air Force judge advocate, discusses the handbook is “not intended to serve as U.S. policy or military Central Criminal Court of Iraq. An article by a Senior Legal doctrine for rule of law operations” but should be used as a Advisor with the Department of Justice describes the resource for judge advocates preparing to participate in rule achievements of the Counter-Narcotics Justice Task Force in of law development.4 Afghanistan. Lastly, several Army judge advocates offer their insights on rule of law efforts undertaken at both the The content of the current handbook shares much in brigade and division levels, while judge advocates who common with earlier editions, though some material has served with the Asymmetric Warfare Group and with a been revised and new chapters have been added since the Special Forces battalion also relate their experiences. handbook was last published in 2009. The handbook begins by defining “rule of law” and describing key players in the Judge advocates serve an important role during rule of joint, interagency, intergovernmental, and multinational law operations, and the Rule of Law Handbook represents a process. The handbook also outlines the legal framework useful starting point and guide for practitioners engaged in for rule of law and highlights planning and fiscal the rule of law mission. As the handbook itself notes, “Even considerations for rule of law operations. Theater-specific
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