Recently added articles from The Army Lawyer:
Is Article 125, Sodomy a Dead Letter in Light of Lawrence v. Texas and the New Article 120?
Jan 01, 2009; ... "[Y]our friend here is only mostly dead. There's a big difference between mostly dead and all dead. . . . Now mostly dead, he's still slightly alive."1 I. Introduction Is Article 125, Sodomy a dead letter? Like Miracle Max's patient in The Princess Bride, maybe Article 125 is ...
Lesson Learned from an Attempt to Limit Collective Bargaining in the Federal Workplace; What Is the Takeaway from NSPS?
Jan 01, 2009; ... I. Introduction Within the realm of public sector collective bargaining, there has been a substantial amount of litigation in the last several years. This is, in great part, due to the establishment of the Department of Homeland Security (DHS) and the permission from Congress to create a ...
Getting to Court: Trial Practice in Deployed Environment
Jan 01, 2009; ... Introduction Delay is a persistent enemy to the administration of justice in the deployed environment. Failure to recognize this can result in the violation of an accused's right to speedy trial under Rule for Courts-Martial (RCM) 7071 or the Uniform Code of Military Justice (UCMJ), ...
International and Operational Law Practice Note: Law of War Treaties Pass the Senate
Jan 01, 2009; ... At the end of September, the Senate provided its advice and consent for five law of war treaties, many of which have been languishing in the Senate for years. The 1954 Hague Cultural Property Convention,1 which had been recommended by President Clinton for ratification,2 was approved with four ...
FINAL SALUTE: A STORY OF UNFINISHED LIVES1
Jan 01, 2009; ... FINAL SALUTE: A STORY OF UNFINISHED LIVES1 The curtains pull away. They come to the door. And they know. They always know. . . . You can almost see the blood run out of their body and their heart hit the floor. It's not the blood as much as their soul.3 I. Introduction In ...
CONTRACTOR COMBATANTS: TALES OF AN IMBEDDED CAPITALIST1
Jan 01, 2009; ... CONTRACTOR COMBATANTS: TALES OF AN IMBEDDED CAPITALIST1 "The United States this year will have spent $100 billion on contractors in Iraq since the invasion in 2003, a milestone that reflects the Bush administration's unprecedented level of dependence on private firms for help in the war ....
Current Materials of Interest
Jan 01, 2009; ... 1. The Judge Advocate General's Fiscal Year 2009 On-Site Continuing Legal Education Training. 2. The Judge Advocate General's School, U.S. Army (TJAGSA) Materials Available Through the Defense Technical Information Center (DTIC). Each year, TJAGSA publishes deskbooks and ...
CLE News
Jan 01, 2009; ... 1. Resident Course Quotas a. Attendance at resident continuing legal education (CLE) courses at The Judge Advocate General's Legal Center and School, U.S. Army (TJAGLCS), is restricted to students who have confirmed reservations. Reservations for TJAGSA CLE courses are managed by the ...
Child Custody and Deployments: The States Step In to Fill the SCRA Gap
Dec 01, 2008; ... A significant issue facing military leaders during any time of conflict is the welfare of the family members of deploying servicemembers. Family distracters prevent servicemembers from concentrating fully on their military duties and can have an adverse impact on unit and individual readiness, ...
State Survivor Benefits: An Overview
Dec 01, 2008; ... Introduction Most servicemembers are familiar with the varied federal benefits that are available to their Family members in the event of the servicemember's death. Collectively, the services call these survivor benefits. In addition to the federal benefits, state veterans ...
Foreword: Administrative Law Is Not for Sissies!1
Dec 01, 2008; ... Administrative and civil law can be one of the most challenging and diverse areas for the Judge Advocate (JA) practitioner. For the first time in many years, this edition of The Army Lawyer (TAL) exclusively focuses on the legal topics from The Judge Advocate General's Legal Center and School's ...
New Developments in Child Support: Enforcement of Foreign Orders Under the 2001 Amendments to the Uniform Interstate Family Support Act
Dec 01, 2008; ... Every state adopted the Uniform Interstate Family Support Act (UIFSA)1 when Congress included a federal fund contingency provision in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996.2 The UIFSA represents a waiver of state sovereignty in family law, an area ...
Families First and the Personnel Claims Act
Dec 01, 2008; ... I. Introduction Sergeant (SGT) Allen recently moved from Fort Smith to Fort Jones. After receiving his household goods (HHG) shipment, he discovered damage to several pieces of property. He properly documented the damage upon delivery, and within seventy days, visited the local military ...
Survivor Benefits Update
Dec 01, 2008; ... Recent legislation has changed several components of survivor benefits. Survivor benefits are composed of multiple allowances that surviving spouses, children, and other dependents may be eligible to receive due to the death of a servicemember. These allowances are either in the form of monthly ...
TJAGLCS Practice Note
Dec 01, 2008; ... Tax Law Note Tax Law Note: Update for 2008 Federal Income Tax Returns There were several pieces of legislation passed in the last six months that will have an impact on properly completing and filing tax returns for military taxpayers for the 2008 filing season. Among these ...
Street FOIA1 101: Nuts, Bolts, and Loose Change
Dec 01, 2008; ... Introduction-The FOIA Team: It Takes a Village In a 17 September 2008 memorandum, the Director of the Army Staff and the Administrative Assistant to the Secretary of the Army emphasized the importance of the "FOIA Team," a group of professionals charged with implementing the Freedom of ...
For All "Intensive" Purposes: A Primer on Malapropisms, Eggcorns, and Other Rogue Elements of the English Language
Dec 01, 2008; ... [Interior shot, local restaurant, day.] Diner One: Is that all you're ordering for lunch? This new diet must really curve your appetite. Diner Two: I certainly hope so-it's costing me a nominal egg! Diner One: Well, you'd better eat more at the office holiday party, or ...
GREEN WARRIORS: ARMY ENVIRONMENTAL CONSIDERATIONS FOR CONTINGENCY OPERATIONS FROM PLANNING THROUGH POST-CONFLICT1
Dec 01, 2008; ... "We are in the desert. What does it matter?"3 We are just passing through and don't have the time."4 "The locals don't care, so why should we?"5 We are "replenishing the oil wells."6 These phrases, uttered by U.S. Soldiers in Iraq referring to dumping both solid and hazardous waste without ...
Whistleblower Protection for Military Members
Dec 01, 2008; ... Introduction You Cannot Choose Your Battlefield, God Does That for You; But You Can Plant a Standard Where a Standard Never Flew.2 In January 2004, Specialist (SPC) Joseph M. Darby, a military police officer, 372nd Military Police Company, triggered an investigation into prisoner ...
Current Materials of Interest
Dec 01, 2008; ... 1. The Judge Advocate General's Fiscal Year 2009 On-Site Continuing Legal Education Training. 2. The Judge Advocate General's School, U.S. Army (TJAGSA) Materials Available Through the Defense Technical Information Center (DTIC). Each year, TJAGSA publishes deskbooks and ...