Blog

Court Is Assembled: Substantive Mastery of the Law

Tue, 04 Jun 2024 17:36:00 GMT

This issue of the Army Lawyer pays homage to the concept of substantive mastery of the law. It is one of the foundational constants for the U.S. Army Judge Advocate General’s Corps, alongside stewardship, servant leadership, and principled counsel.

News & Notes

Tue, 04 Jun 2024 17:35:00 GMT

News & Notes 2021 Issue 1

Azimuth Check: Sharing Expertise

Tue, 04 Jun 2024 17:34:00 GMT

The Judge Advocate General’s (TJAG) directive for attorneys to become masters in one or two areas of the law as their careers progress1 fulfills the “expert” part of his description of judge advocate legal service (JALS) personnel—expert and versatile. For military attorneys, versatility is a must as they cycle through necessary and varying assignments in almost all areas of military law.

Book Review: Legal “Deep Work” in a World of Distraction

Tue, 04 Jun 2024 17:34:00 GMT

Like fingers pointing to the moon . . . diverse disciplines from anthropology to education, behavioral economics to family counseling, similarly suggest that the skillful management of attention is the sine qua non of the good life and the key to improving virtually every aspect of your experience, from mood to productivity to your relationships.

Lore of the Corps: Stranger than Fiction

Tue, 04 Jun 2024 17:32:00 GMT

In January 1965, Sergeant Charles Robert Jenkins abandoned his post and, without authority, walked across the Demilitarized Zone (DMZ) into North Korea. After surrendering to enemy soldiers guarding the border, Jenkins spent the next four decades in North Korea—as a captive of the Pyongyang regime.

In Memoriam: Remembering Recently Departed Members of the Regiment in 2020

Tue, 04 Jun 2024 17:31:00 GMT

The following members of our Regiment, in alphabetical order, passed away in 2020.

Practice Notes: Bridging the Voir Dire Gap

Tue, 04 Jun 2024 17:29:00 GMT

You are, by your own estimation, a relatively-seasoned trial counsel. Your panel case is a week away. You double-check the military judge’s pre-trial order and peer over one of the last items on the list: Provide the judge copies of proposed voir dire questions no later than three business days before trial.

Practice Notes: Are Mercenaries the Future of Warfare?

Tue, 04 Jun 2024 17:27:00 GMT

Mercenaries have been used since the dawn of war. For much of history, it was preferable to rent an existing, trained force rather than going through the expense of creating one from within.

Practice Notes: Tactically and Technically Proficient

Tue, 04 Jun 2024 17:27:00 GMT

The title of this article remains a constant aspiration for many military paralegals within our Corps. We must find ways to remain ready in our field craft as Soldiers and noncommissioned officers (NCOs) just as much as we need to remain relevant in our technical trade as paralegal specialists.

No. 1: The 1985 Sigonella Episode and the Limits of the United States-Italian Relationship

Tue, 04 Jun 2024 17:26:00 GMT

Picture this: It is the night of 10 October 1985. Four Islamic terrorists with American blood on their hands are huddled in a grounded airplane in Sicily, Italy. They are surrounded by Italian and U.S. forces, but the two allied militaries are pointing their guns at one another, not at the terrorists.

Practice Notes: A PR Scenario

Tue, 04 Jun 2024 17:26:00 GMT

The Judge Advocate General (TJAG) expects the daily actions of every member of the Judge Advocate Legal Services (JALS) to reflect an unwavering commitment to the highest standards of ethical conduct, founded on the premise that service to our nation is not only an honor, but a responsibility.

Practice Notes: Defending Your MAVNI Client

Tue, 04 Jun 2024 17:26:00 GMT

Your client tells you their commander is involuntarily initiating separation proceedings against them and they are worried this can lead to them being removed from the United States. They entered the Service through the Military Accessions Vital to the National Interest (MAVNI) program, have served for almost one year on active duty, and have not yet naturalized.

No. 2: Legal Risks of Explosives in Urban Areas

Tue, 04 Jun 2024 17:25:00 GMT

In the past several years, the use of explosive ordnance in urban areas has gained a high level of notoriety. This largely stems from the current wars in Syria and Yemen, and has often resulted in allegations of war crimes. Since the war in Syria began, the Syrian government’s use of “barrel bombs”—makeshift containers filled with debris and high explosives that are dropped from helicopters or cargo planes—is estimated to have caused thousands of civilian casualties.

No. 3: Litigate Like We Fight

Tue, 04 Jun 2024 17:24:00 GMT

The execution of a court-martial is analogous to a complex military operation. Inexperienced counsel often lack an adequate planning system to visualize, organize, and execute all critical tasks for each court-martial, resulting in trial delays and frustrated stakeholders. Moreover, military justice leaders often struggle to communicate their knowledge and experience in a transferable way to new counsel.

No. 4: Using Red Team Techniques to Improve Trial Advocacy

Tue, 04 Jun 2024 17:23:00 GMT

The panel files back into the courtroom. You try to read the members’ faces, but they are as inscrutable as ever. Your supervisor gives a reassuring nod from behind the bar. You are as confident as you can be. Your cross-examination of the other side’s key witness was devastating, your closing argument was incisive, your expert witness was compelling, and your evidence was flawless.

Closing Argument: Mastering Military Justice Advocacy During a Pandemic

Tue, 04 Jun 2024 17:22:00 GMT

Advocacy matters. Effective advocacy matters more. Soldiers facing courts-martial and the loss of liberty demand it, and so too do the victims and commanders turning to the military justice system for help. However, effective trial advocacy is not a fire-and-forget mission; the military justice system and its practitioners require constant training and nurturing.