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The Army Lawyer | Issue 3 2021View PDF

Practice Notes: Give It Away

You have less than forty-eight hours in theater when you receive your first request for a Foreign Excess Personal Property (FEPP) legal opine. Barely knowing how to spell FEPP, you crack open the excel spreadsheet and see dollar signs with lots of commas.

Practice Notes: The U.S. Army Consolidated Rehearing Center

Rehearings, new trials, other trials (per Rule for Courts-Martial 810), and remands often have unique challenges that require particularized experience and expertise. Establishing a single location for the prosecution and defense of these cases enables the Army to maximize opportunities to develop and maintain this critical expertise.

No. 1: The Revenge of Preemption

The military’s new statute criminalizing “revenge porn” is a well-intended law that suffers from serious flaws and requires careful revision. Congress intended the statute, Article 117a, Uniform Code of Military Justice (UCMJ), to prohibit and punish the unauthorized distribution of sexual images without the consent of the individuals depicted in the images. 

No. 2: Choose Your Own (Mis)Adventure

You and YOU ALONE are in charge of what happens in this story. There are dangers, choices, adventures, and consequences.
YOU must use all of your numerous talents and much of your enormous intelligence. The wrong decision could end in disaster—even death. But don’t despair. At any time, YOU can go back and make another choice, alter the path of your story, and change its result.

No. 3: Making the UCMJ More Uniform

[I]t will be sufficient that perfect Uniformity should be established throughout the Continent, and pervade, as far as possible, every Corps, whether of standing Troops or Militia . . . [and] that Congress should employ some able hand, to digest a Code of Military Rules and regulations, calculated immediately for the Militia and other Troops of the United States.

Closing Argument: Mentorship Grows Ambassadors for Life

On 1 July 2020, The Judge Advocate General (TJAG) directed the Leadership Center, housed within the Legal Center at The Judge Advocate General’s Legal Center and School (TJAGLCS), to organize an operational planning team (OPT) to assess institutional mentorship across the Judge Advocate General’s (JAG) Corps.