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The Army Lawyer | Issue 1 2020 The Army Lawyer | Issue 1 2020

Non-Tactical Vehicle Guidance

O n 27 September 2019, the Secretary of the Army (SA) signed a memorandum, subject Non-Tactical Vehicle (NTV) Policy Guidance, which clarified Army policy regarding the use of NTVs to...

When Does An Employee Become An Employee?

“Should the commission, instead of being evidence of an appointment, even be considered as constituting the appointment itself . . . ” 1 —Chief Justice John Marshall W hen does an...

Looking Into The Crystal Ball

It hasn’t attracted much attention but a seemingly minor quasi-judicial ruling is a prime example of how our acquisition system serves as a means to self-inflicted unilateral disarmament....

The Court-Martial of Jackie Robinson

O n a hot August afternoon at Camp Hood, Texas, in 1944, nine Army officers sat in judgment in the general court-martial of a second lieutenant (2LT) accused of insubordination and disrespect...

Six Steps for Excessive Absences

O ne of the many types of cases likely to come across your desk as a labor or employment counselor is removal for excessive absences due to a medical condition. Consider this scenario—which is...

Lessons from the Australian Defence Force

“That’s not a knife . . . THIS is a knife! ” 1 —Crocodile Dundee For over one hundred years, U.S. service members have fought alongside the Australian Defence Force (ADF). On 4 July...

Skeletons in the Foot Locker

A federal employee finds a vacancy for a position as a Civilian Senior Executive (CSE) 1 and applies on the website USAjobs.gov. An accusation against this same employee exists in a closed...

COVID-19: A Judge Advocate's Role in Advising Decision-Makers

The virus known as COVID-19 is a novel coronavirus originating in Hubei, China. 1 Since its discovery in December, the virus has spread the world over. As of 12 March 2020, the World Health...

U.S. Army Europe Legal Leadership Continuing Legal Education

An Army leader is anyone who, by virtue of assumed role or assigned responsibility, inspires and influences people by providing purpose, direction, and motivation to accomplish the mission and...

Liability Pitfalls with Contingent Workers

While judge advocates (JAs) are familiar with the Army’s policy and process for handling equal opportunity (EO) and sexual harassment complaints, many are unfamiliar with the procedures for...

Leading Leaders in Managing Civilians

After successfully completing another rotation through a complex deployment, your commander, Colonel (COL) Rock, had commanded superbly and shown great leadership potential for increased...

GOAD-ing Civilian Employees

In the Army, the concept of Good Order and Discipline (GOAD) began, perhaps, with its first commander in chief. While commander of the Virginia Regiment during the French and Indian War,...

The Three R's of Anti-Harassment

“Harassment is the one type of discrimination that can be stopped in progress.” 1 Army commanders are familiar with the programmatic R’s that stand for Ready and Resilient, and their...

Women in the Corps

While lawyers have been in the Army from the days of the Revolution, there were no female judge advocates until 1944, when Captain (CPT) Phyllis Propp-Fowle, an attorney serving in the Women’s...

The Holt House's History

In 1997, local school teacher Susan B. Dyer was out for a long Sunday afternoon drive when she spotted the Holt family mansion. Dyer decided that her mission was to bring awareness of the...

Remembering Recently Departed Judge Advocates in 2019

The following members of our Regiment, in alphabetical order, passed away in 2019. Wilsie Horton Adams Jr. (1938–2019) Born in Baltimore, Maryland, on 6 December 1938, Adams went to...

Top Ten Secrets of Managing Civilians

T he labor counselor down the hall from you is perhaps the best student of the on-again, off-again relationship between managers and employees. In fact, I can recall commenting to my wife,...

The FLSA Team is Working

Since 2007, Army installations have found themselves on the receiving end of Fair Labor Standards Act (FLSA) “group grievances” filed by the same small law firm in Baltimore, Maryland. The...

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Readying the Road

The nature of war is never [ going to ] change. But the character of war is changing before our eyes—with the introduction of a lot of technology, a lot of societal changes with urbanization and a wide variety of other factors. 1 Imagine you are a brigade judge advocate with a brigade combat team (BCT), forward-deployed during a future conflict. 2 Your BCT is the battlespace owner in a foreign country, engaged in active combat operations in a densely populated city against a...

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