The Army Lawyer 2019 Issue 6

Court Is Assembled: Resilience Is A Shared Responsibility

Tue, 24 Sep 2024 19:19:00 GMT

It is not the strongest of the species that survives, nor the most intelligent, but the one most adaptable to change. ¹—Leon C. Megginson

News & Notes: Updated Law of Land Warfare A Vital Tool for Judge Advocates

Tue, 24 Sep 2024 19:10:00 GMT

On 8 August 2019, the Department of Defense (DoD) published Army Field Manual (FM) 6-27/Marine Corps Tactical Publication 11-10C, The Commander’s Handbook on the Law of Land Warfare (Handbook) , replacing FM 27-10, The Law of Land Warfare (1956). As judge advocates, we have an obligation to provide relevant, understandable, and accessible tools for commanders, Soldiers, and practitioners. This Handbook provides an invaluable tool for Army and Marine Corps commanders and their judge advocates to guide land forces in conducting disciplined military training and operations in accordance with the Law of Armed Conflict (LOAC).

The Army Electronic Discovery Program Turns One

Tue, 24 Sep 2024 16:57:00 GMT

On 2 October 2018, the Judge Advocate General’s Corps stood up the Army eDiscovery Program at Fort Belvoir, Virginia (housed within the U.S. Army Legal Services Agency (USALSA) as the eDiscovery Division). One year later, the program has made significant progress in its goal to become a fully robust program that can meet the eDiscovery needs of the Army.

Azimuth Check: Navigation From the Leadership Center

Tue, 24 Sep 2024 16:15:00 GMT

Leadership—the activity of influencing people by providing purpose, direction,and motivation to accomplish the mission and improve the organization. ¹

Understanding People is The Key to Successful Leadership

Tue, 24 Sep 2024 15:56:00 GMT

Soldiers are not in the Army, Soldiers are the Army. ¹—General Creighton W. Abrams

Lore of the Corps: An Army Lawyer and the A-Bomb

Tue, 24 Sep 2024 14:42:00 GMT

As 2020 marks the 75th anniversary of the end of World War II, it is time to reflect on the weapon that ended that war and changed the world forever: the atomic bomb. While Americans today and everyone living on this planet have learned to live with—if not ignore—the existence of nuclear weapons, it was truly a shocking event for many adults when the United States dropped the fission bomb “Little Boy” on Hiroshima on 5 August 1945.

Practice Notes: Effectively Presenting Digital Evidence

Tue, 24 Sep 2024 14:31:00 GMT

If we continue to [use] our technology without wisdom or prudence,our servant may prove to be our executioner. ¹—General Omar Bradley

Practical Advice for Military Balls

Tue, 24 Sep 2024 14:01:00 GMT

The brigade commander calls you into their office to share some news: the annual brigade ball will occur three months from today. Having recently taken command, the goal is to improve the brigade’s esprit de corps with maximum participation by offering low ticket prices. The commander expects to use members of the S6 section to provide assistance with the audio visual equipment that will be used to play music during the event. Additionally, the commander wants to assign Headquarters and Headquarters Company (HHC) personnel to perform the color guard and to operate a courtesy shuttle service to mitigate alcohol-related accidents.

Navigating the Murky Waters of the Former Spouses Protection Act

Tue, 24 Sep 2024 13:50:00 GMT

Whether it be due to the regular deployment schedules, long hours in the field, or any of the other normal daily stressors that accompany military life, the concept of divorce is not foreign to service members. What is unique to military divorces, however, is that for decades, courts across the country have struggled to deal with reaching equitable solutions about how to divide retirement pay between the military spouse and their ex-spouse.

No. 1: Resilience: The Critical Character Attribute of Empathy

Mon, 23 Sep 2024 20:04:00 GMT

My¹ first rater didn’t have it. Nor did my senior rater. Fortunately for me, one of my rater’s counterparts (MAJ L) did, and his empathic support made all the difference in my transition into the Judge Advocate General’s (JAG) Corps. The ability of MAJ L back at division headquarters to connect with me, two hours away, in a small, remote branch office, and provide the informal empathic leadership our small team needed was invaluable.

People First, Including You

Mon, 23 Sep 2024 18:06:00 GMT

Lawyers work hard and, like us, they’re human, many of them. ¹

Preventing Burnout in the JAG Corps

Mon, 23 Sep 2024 17:45:00 GMT

Army Strong. ¹ This concept has been ingrained in Soldiers for the last twelve years. It communicates the idea that Soldiers are the best of the best, that they can endure anything, they can accomplish anything, and that they are unstoppable. While this message is intended to be empowering, it also conveys an unintended message to troops: because you are the best of the best, you should place the mission first and put your distress to the side; address the distress later, once the mission is complete. While the Army is a formidable opponent, it is a collective; it is only solid as a team of individuals and as strong as its weakest link. Maintaining the fighting force is not accomplished by ignoring stressors and being able to “do it all”; rather, it is achieved by focusing on the individual in order to contribute to the greater mission.

The Effects of Stress

Mon, 23 Sep 2024 13:38:00 GMT

“I’m stressed, Chaplain.” And so the conversation begins. As an Army chaplain, I often hear this phrase, coming from those in line units to those who spend much of their time behind a desk.

Functional Fitness Can Be Fun

Mon, 23 Sep 2024 13:06:00 GMT

Most people would probably imagine functional fitness as CrossFit, slamming a sledge hammer on a tire or throwing barbells around a gym, but I have learned to take a far more abstract approach to fitness. I have never been one to follow a traditional training regimen—I develop creative workouts that are fun and have yielded great results for me. Without any formal education in fitness, I can only speak from my experience and the impact fitness has had throughout my life.

No. 2: A New Paradigm for Plea Agreements Under the 2016 MJA

Fri, 20 Sep 2024 19:35:00 GMT

The Military Justice Act of 2016 (2016 MJA) ¹ made sweeping changes to the Uniform Code of Military Justice (UCMJ). One of the most significant procedural revisions came from new statutory plea agreement authority. While prior plea agreements relied on a convening authority’s promise to exercise clemency in exchange for the accused’s plea, the 2016 MJA provides a convening authority, pursuant to a plea agreement, the ability to limit the sentence adjudged directly. ²

No. 3: Defamation Litigation in Army Sexual Assault Prosecutions

Fri, 20 Sep 2024 18:19:00 GMT

Whoever would overthrow the Liberty of a Nation must begin by subduing the Freeness of Speech. ¹
—Benjamin Franklin

No. 4: The Art of #BJAlife: Part I: How to Become a Hit with Your Brigade Command and Staff

Fri, 20 Sep 2024 17:14:00 GMT

Ask any former or current brigade judge advocate (BJA) what the most important task is upon arrival at the brigade, and they will likely respond with a variation of “becoming a member of the team.” This should be intuitive, as it won’t matter much if you are the second coming of Lieber or “Clausewitz with a JD”; if you are not a member of the team, you are not invited to meetings and your advice is not heeded or sought. Your insights may as well be “a tale told by an idiot, full of sound and fury, signifying nothing.” ¹

Part II: How to Remain a Hit with Your Brigade Command and Staff

Fri, 20 Sep 2024 13:33:00 GMT

As a brigade judge advocate (BJA), you are operating in a dynamic environment at a break-neck pace. Your team is working hard to close out a never-ending list of administrative and military justice actions while participating in operational and training requirements for the brigade. As you operate in this frenetic environment, what do you need to do to remain fully integrated with staff to sustain mission success for the remainder of your tour? The answers are in three easy steps:

Closing Argument: The Loneliest Jobs in the JAG Corps

Fri, 20 Sep 2024 13:04:00 GMT

The Judge Advocate General’s Corps (JAG Corps) places company-grade judge advocates (JAs) in many different roles, but some are necessarily more independent than others; meaning, in those roles, JAs have just a technical supervisor and must make many decisions on their own, without a team to truly consult with to make the decision together.