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The Army Lawyer | Issue 2 2019 The Army Lawyer | Issue 2 2019

Evolving with the Threat

T his edition of The Army Lawyer is devoted to our National Security Law Practice. Members of the Regiment should take notice. The Army Lawyer is not simply an excellent collection of...

Are We Allowed To Be There?

I believe that the troops who were sadly killed in Niger in October of 2017 were engaged in a mission that they were not authorized by law to participate in . . . and that is a significant...

The Changing Face of Warfare

I nformation is altering the character of international conflict in an era of strategic competition, and the U.S. military will not successfully grapple with this changing landscape by...

Fostering Enduring Partnerships

. . . in pursuing a foreign policy based on American interests, we will embrace diplomacy. The world must know that we do not go abroad in search of enemies, that we are always happy when old...

Creativity and Diversity Strengthen the National Security Law Workforce

I [expletive omitted] shot Bin Laden! Robert Allen Riggle Jr., 26 May 2011 1 O n 2 May 2011, the President of the United States of America announced that a military operation killed Osama...

Email ROE

  T he pen is mightier than the sword. As lawyers, we want to believe this. We must believe this. Words matter. Words have consequences. Words can damage just like weapons. Like a...

Executive Counsel

  T he judge advocate career model calls for continual professional development throughout the course of one’s service. This includes broadening assignments to develop the capability to...

TRICARE: Another Reason to Stay

  T en years ago, as a single, healthy, adventurous twenty-something finishing up law school, none of the benefits offered to military members and their families factored into my...

Readiness and the National Environmental Policy Act

I n 2006, the 9th Circuit, in Ilio’ulaokalani Coalition v. Rumsfeld, ruled that the U.S. Army’s plans to stand up a Stryker Brigade Combat Team (SBCT) at a Hawaiian base violated the...

Identifying Two Acceptable Offerors in an LPTA Procurement Is Key

  I n a Lowest Priced Technically Acceptable (LPTA) procurement, award is made to the lowest priced offeror who is also deemed to be technically acceptable. 1 When quotations are...

Recouping Cleanup Costs with Affirmative Cost Recovery

W ith the affirmative cost recovery (ACR) program, the Environmental Law Division can assist installations in recovering funds spent on environmental cleanup. The Army is involved in the...

The Enigmatic Adjudicator

  T he Department of Defense (DoD) Consolidated Adjudication Facility (CAF) is an enigma for many DoD personnel holding top secret security clearances. For example, the accused in a...

Military Exchange Personnel

R ecognizing the importance of interoperability with our allies, the U.S. Army has fully embraced the Military Personnel Exchange Program (MPEP). The Army currently has 156 total exchanges...

A JAs Role at the National Geospatial-Intelligence Agency

Shortly before reporting to the National Geospatial-Intelligence Agency (NGA) as the only active duty military attorney assigned to the Office of Counsel, I sat down with the incumbent for...

Reflections on Multi-National Interoperability from the IIHL

In amplifying TJAG’s mantra to “Be Ready” we must understand our multi-national partners. If you are to assume anything in a multi-national military operation, assume your multi-national...

Gimmie Five

The Foundation of Five concept was challenged recently in an opinion piece in The Army Lawyer (see Demolishing the Foundation of Five , Nov./Dec. 2018 ). What follows is a response to...

TJAG Creates Electronic Discovery Program

T he explosion of electronically stored information (ESI) has dramatically affected our Corps’ practice, creating a myriad of challenges on how we preserve, collect, and process information for...

News and Notes TAL 2019 Issue 2

1. BG Berger Visits NTC Brigadier General (BG) Joseph Berger, the Commander of the U.S Army Legal Services Agency, led a team of JAG Corps leaders on an Article 6 inspection to...

The Hesse Jewels Courts-Martial

  T he last “Lore of the Corps” in The Army Lawyer (Issue 1 2019) featured the infamous theft of the Hesse Jewels and a brief look at the follow-on courts-martial against...

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Leading From the Front

Unselfishness, as far as you are concerned, means simply this—you will put first the honour and interests of your country and your regiment; next, you will put the safety, well-being, and comfort of your men; and last—and last all the time—you will put your own interest . . . .-Field Marshall Sir William Slim (1957) A call to attention. The order is published. Applause rings out. Then the honoree invariably observes that whatever accomplishments were attained, they were the result...

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