The Army Lawyer 2024 Issue 3

Court Is Assembled: Patton and Principled Counsel

Thu, 22 Aug 2024 14:49:00 GMT

Sometimes, moments from a good movie can apply to our own experience, making them that much more unforgettable. One of my favorite movies is , a 1970 biographical film about General (GEN) George S. Patton during World War II. GEN Patton was best known for his larger-than-life, quirky personality and his history-making command of the Third Army in 1944.

News & Notes

Thu, 22 Aug 2024 14:47:00 GMT

News & Notes 2024 Issue 3

Pivotal Perspective: An Interview with Colonel (Retired) Tom Strassburg

Fri, 09 Aug 2024 14:45:00 GMT

Colonel (Retired) (COL (Ret.)) Tom Strassburg, a distinguished member of our Regiment, kindly accepted my request to interview him for a Vietnam elective I took while attending the Naval War College. Then-Captain Strassburg served a year-long deployment in Vietnam from 1970 to 1971 in the 101st Airborne Division (Airmobile).

What’s It Like? A View from the Forward Line of Own Troops

Thu, 08 Aug 2024 14:44:00 GMT

In March 2024, the Office of the Staff Judge Advocate (OSJA) for the 1st Infantry Division (1ID) participated in its Warfighter Exercise (WFX 24-3), a crucial training event that units complete to meet their demand readiness objectives. The Department of the Army merged 1ID’s WFX 24-3 with Austere Challenge 24 (AC 24) to create a multi-echelon exercise with U.S. Army Europe-Africa, V Corps, and 3d Infantry Division (3ID).

Book Review: The End of Average

Thu, 08 Aug 2024 14:42:00 GMT

“The challenge we all face is how to maintain the benefits of breadth, diverse experience, interdisciplinary thinking, and delayed concentration in a world that increasingly incentivizes, even demands, hyperspecialization.”¹

Azimuth Check: Knowing and Avoiding Professional Responsibility Slips, Trips, and Falls

Wed, 07 Aug 2024 14:43:00 GMT

“Learn from the mistakes of others. You can’t live long enough to make them all yourself.”¹

Lore of the Corps: The Court-Martial of George Armstrong Custer

Tue, 06 Aug 2024 14:42:00 GMT

George Armstrong Custer is one of the most famous and controversial officers in the history of the U.S. Army. A Civil War hero, Custer is likely best remembered for his catastrophic defeat and death at the Little Bighorn on 25 June 1876. His widow and a sympathetic press did much to create a “Custer Myth” in the aftermath of his death, while later examinations of Custer highlighted both his impetuousness as a commander and his role in controversial incidents such as the Battle of the Washita in November 1868.

Practice Notes: An Overview of the Deductive Changes Process and Areas of Potential Challenge

Mon, 05 Aug 2024 14:41:00 GMT

Government contracts typically contain a changes clause that permits the contracting officer to make unilateral changes to certain aspects of the contract, provided those changes are within the “general scope” of the contract.¹ When such changes decrease the cost or time to perform part of the work under the contract, the contracting officer must make an equitable adjustment to the contract price and/or performance period to reflect the reduction.²

Practice Notes: Applying Vague Law to Violence

Sun, 04 Aug 2024 14:39:00 GMT

U.S. military forces deserve clear guidance on their leaders’ tolerance for collateral damage. Unfortunately, there appear to be mixed messages about proportionality as the Department of Defense (DoD) simultaneously applies lessons learned in Afghanistan and contemplates armed conflict with a peer or near-peer adversary. On one hand, senior military officers are stressing the importance of increased offensive capabilities, “rings of fire,” and “unrepentant lethality.”¹

Practice Notes: Massachusetts Appellate Tax Board Rules that the SCRA Prohibits Local Taxes on Leased Vehicles

Sat, 03 Aug 2024 14:38:00 GMT

The Servicemembers’ Civil Relief Act¹ (SCRA) “postpones or suspends certain civil obligations to enable Service members to devote their full attention to duty and relieve stress on their families.”² This includes various financial safeguards for active-duty Service members, including protections against default judgments in civil cases, provisions to prevent foreclosures, and mechanisms to reduce interest rates on pre-service loans.³

Practice Notes: Wills with LexisNexis

Fri, 02 Aug 2024 14:37:00 GMT

Until recently, Drafting Libraries – Wills (DL Wills) was the U.S. Army’s will drafting software of choice. This program, which appeared to have been created at the same time as Duck Hunt¹ with an interface that mirrored the Choose Your Own Adventure² book series, enabled an experienced legal assistance attorney or paralegal to draft a will for any state in less than fifteen minutes. A central permissions authority needed to grant individual users access to the software.³

Practice Notes: Five Things Every Judge Advocate Should Know About Federal Law (But May Be Afraid to Ask)

Thu, 01 Aug 2024 14:35:00 GMT

This is the third article in a series by Michael Jones concerning legislative affairs. The first piece in the series, A Primer for Judge Advocates on the National Defense Authorization Act, can be found in issue 3, 2022. The second piece in the series, The Army’s Legislative Proposal Process: Advancing Army Initiatives Through Law, can be found in issue 1, 2023.

Feature: Navigating Domestic Climate Crises Responses for the Operational Judge Advocate

Thu, 01 Aug 2024 14:26:00 GMT

Today, no nation can find lasting security without addressing the climate crisis. We face all kinds of threats in our line of work, but few of them truly deserve to be called existential. The climate crisis does.¹

Closing Argument: The Five-Tool Judge Advocate

Thu, 01 Aug 2024 14:23:00 GMT

With the 2024 Fall Classic (i.e., World Series) recently behind us¹ and this year’s passing of legendary actor James Earl Jones,² my mind—as a lifelong baseball fan—has been drawn to baseball and the movie Field of Dreams.