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The Army Lawyer | 2019 Issue 5View PDF

Funding Determinations for Army IT Acquisitions

Now more than ever, units seek to acquire the latest technological advances to communicate with ease across geographically dispersed footprint and to more efficiently accomplish their mission. Funding an information technology (IT)2 acquisition, however, is a complex area of fiscal law. Army fiscal law attorneys must carefully analyze the underlying facts related to an IT acquisition under a scattered array of legal authorities. This article consolidates the various legal guidelines and provides a framework for the fiscal analysis crucial to an ever-changing military IT environment.

No. 1: Family Ties

There have always been family connections in our Corps. When it comes to generational connections, history reveals that grandfathers and grandsons, fathers and sons, fathers and daughters, uncles and nephews, and cousins have worn the crossed-pen-and-sword insignia that distinguishes judge advocates, legal administrators, and paralegal specialists from other Army Soldiers.

Sister Services

Having examined eight Army generational relationships, this article looks at two other family connections that deserve to be highlighted: the Air Force Judge Advocate General with an Army judge advocate son and two identical twin sisters—one in the Marine Corps and one in the Air Force—who are connected with the Regiment because both sisters earned their LL.M . degrees in the Graduate Course.

No. 2: Urine Trouble

Prosecuting violations of Article 112a, Uniform Code of Military Justice (UCMJ),1 requires familiarity with urinalysis procedures, forensic toxicology, hearsay rules, and military case law interpreting Crawford v. Washington.2 This article will orient trial counsel to the general components of Article 112a, UCMJ, trials, beginning with identifying the controlled substance in the specification, collecting urine from the accused, transferring the urine specimen to a testing laboratory, and concluding with expert testimony from a forensic toxicologist.

No. 3: The Section 809 Panel’s Work

On 8 November 2018, Lieutenant General (Retired) N. Ross Thompson came to The Judge Advocate General’s Legal Center and School to give the Cuneo Lecture during the contract and fiscal law symposium. Below are his remarks.

No. 4: Shh!

“Privacy is one of the biggest problems in this new electronic age.”1 In these technologically advanced times, Soldiers are discovering more innovative ways to obtain evidence in their favor for legal actions, such as administrative investigations and courts-martial.2 One of the methods Soldiers are using is to surreptitiously videotape or audio record other Soldiers without that other person’s consent.3