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The Army Lawyer | Issue 2 2024PDF not available
All Posts Blog: The Army Lawyer 2024 Issue 2

News & Notes: A Case for Confetti

In twenty years of reading about leadership at the direction of supervisors and commanders, not one book or article I have come across has explored the nexus between confetti and leadership. Yet, I have found confetti—and celebration, in general—to be one of the greatest tools for leading subordinates, building positive cultures, and using celebration to enhance team-building.

Azimuth Check: The Power of H2F

Staff Sergeant (SSG) Jones embodied dedication.1 A star paralegal in the U.S. Army Judge Advocate General’s (JAG) Corps, she thrived in the fast-paced world of military justice as a special victims’ paralegal. While on a run at the end of a busy workday to decompress, she stepped in a pothole and twisted her ankle; it threatened to sideline her. The pain was excruciating, and doubt ensued. Could she bounce back and continue serving effectively?

Lore of the Corps: An Interview with Fred L. Borch

Colonel (Retired) (COL (Ret.)) Fred Borch retired from his Army Civilian role on 17 November 2023, after almost eighteen years as the regimental historian of the U.S. Army Judge Advocate General’s (JAG) Corps. The following interview, conducted by the new regimental historian, Dr. Nick Roland, captures some of Fred’s thoughts about his time as a Soldier and Army Civilian, the history of the JAG Corps, and the value of history to the practice of military law. For an additional retrospective on his career, readers can consult The Quill & Sword podcast, FredTalks episode 19, A Farewell to Fred.

Practice Notes: Countering Lawfare of the People’s Republic of China Starts with “PRC,” Not “China”

Every time an American or a potential partner nation refers to the People’s Republic of China (PRC) as “China,” the PRC is winning strategic legal warfare—or lawfare. Every quip and offhand reference about “China” unwittingly yields to PRC lawfare tactics and furthers the PRC’s agenda. Not only do we legitimize the PRC’s “One-China Principle,” but we also delegitimize strategic ambiguity while we otherwise strive to compete internationally. We are helping the PRC to win.

Practice Notes: Fiscal Implications of Court and Administrative Orders, Settlement Agreements, and Civil Consent Decrees

Constitutionally, Congress possesses the power of the purse. Congress provides budget authority to agencies to incur obligations and make expenditures through appropriations acts, which the President signs into law. These acts dictate the permissible purpose, period of availability, and amount of appropriations available to agencies to obligate and expend. 

Feature: Sources and Limitations of Command Authority over the Army Reserve Component

The joint force staff judge advocate (SJA) has a pivotal role in assisting the operational planners to anticipate, understand, and pursue necessary authorities. Joint force commanders rely heavily on their legal advisors for accurate, timely advice concerning authorities and limits that impact planning and execution. Their recommendations also help shape the commander’s guidance and intent.

Closing Argument: Counsel for Wellness

At any one time, the Army has employed the equivalent of thirteen brigade combat teams of non-deployable Soldiers. In 2016, I became part of a significant cohort of this group as a Soldier with a preventable musculoskeletal injury. It was 0645 on Monday, 17 February 2016, at Schofield Barracks when I fell while running. I lay on the ground, bewildered, unable to feel my right foot.