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The Army Lawyer | Issue 3 2020 The Army Lawyer | Issue 3 2020

Everyone is a Recruiter

“What about being a lawyer in the Army?” He asked me . “I didn’t know you can do that,” I replied . “It wasn’t on the preference list that my ROTC instructor showed us.” Then he said to me, “I know someone you should talk to.” I was notified in 2012 of my assignment as Chief of the Judge Advocate Recruiting Office (JARO). I wondered how my prior military service prepared me for the assignment. Although I served as a field screening officer (FSO) many years earlier, I guessed I...

The Education of an Idealist

The Bat Cave, John [Prendergast] explained to me, is inside each of our heads—either a place of great stillness, or, on other occasions, a place where bats fly around, flapping their wings in sometimes frantic ways. Being ‘in the Bat Cave’ thereby became our shorthand for times when self-doubt was intruding . 1 In her memoir The Education of an Idealist , Samantha Power takes us through the ups and downs of being an idealistic bureaucrat in the Obama administration. During this time,...

Tort Liability and the Pandemic Response

A n Army Reserve doctor calls the time of death for yet another novel coronavirus disease 2019 (COVID-19) patient at the Lincoln Family Hospital in the Bronx. 1 Down the hall, the notification to the family of their loved one’s passing does not go well. The crying and mourning that followed their loved one’s loss was expected; but the family’s promise to “make that quack Army doctor pay for killing our father!” was not. “Where are the rest?” asks the Jacobi Medical Center hospital...

Navigating Military Justice in Deployed Environments

We need a system that is part of the Army to permit the administration of justice within a combat zone, and to permit our constitution and American legal principles to follow our servicemen wherever they are deployed. Such a system allows us to enter into agreements with foreign governments so that American servicemen accused of civilian-type crimes in foreign countries may be tried according to American rather than foreign principles of law. 1 T o function as intended, the entire...

The Supreme Court's About-Face in Greer v. Spock

F or military practitioners, the Supreme Court case of Greer v. Spock has become an important decision, standing for the proposition that installation commanders have inherent authority to limit certain types of speech that occurs on military installations because “the business of military installations [is] to train soldiers, not to provide a public forum.” 1 Greer v. Spock reinforces commanders’ broad authority to prohibit political campaigning on military installations and...

Reforming Bid Protests

“Litigation is the basic legal right that guarantees every corporation its decade in court.” —Admiral David Dixon Porter, U.S. Navy O n 25 August 2015, the U.S. Army selected the Oshkosh Corporation for award of a low-rate initial production (LRIP) contract, valued at approximately $6.7 billion, for 16,901 vehicles under the auspices of the Joint Light Tactical Vehicle (JLTV) Program. 1 As envisioned, the JLTV Program will eventually provide a family of vehicles that will replace...

When the Plain Language is Plainly Wrong

J udicial discretion indicates a necessity for denying its application to a situation not considered by its framers, and wholly unrelated to the reasons for its creation. 1 Too often, military justice practitioners find themselves in the awkward position of realizing at trial that they have a different understanding from that of the military judge as to the scope of Article 31 of the Uniform Code of Military Justice (UCMJ). This often occurs when the trial counsel attempts to admit a...

Law and the Morality of War Today in Henry V

Shakespeare’s Henry V Henry V, the popular and enduring historical play composed by William Shakespeare centuries ago, portrays King Henry V’s campaign of 1415 to (re)take France for the English monarchy, culminating in the battle at Agincourt. 1 Henry claimed France by the “law of nature and of nations.” 2 The historical Henry V was one of England’s last “soldier kings” in the tradition of his predecessors, Edward III and the Black Prince, both of whom had campaigned successfully...

A Voice for the Victim

The Duty Phone Call You are driving to physical training (PT) early in the morning when the Special Victim Counsel (SVC) duty phone rings. It’s an old-style flip phone with a ringtone that you now, after serving as the sole installation SVC for almost a year, hear in your dreams. You pick up the phone: “Special Victim Counsel, this is Captain (CPT) Schwennsen.” Your greeting is met with silence. You try again. “Special Victim Counsel, can I help you?” A meek voice on the other side...

Rethinking Fraternization Regulations

On 6 November 2014, the Army republished Army Regulation (AR) 600-20, Army Command Policy. 1 As part of the revision to the regulation, the provisions governing relationships between Soldiers of different grades was updated, specifically prohibiting certain relationships between noncommissioned officers (NCOs) and junior enlisted Soldiers based on their status. 2 Like previous status-based fraternization offenses, violations of the current policy are punitive. 3 The creation of this...

Why We Stay

Editor’s note: Three judge advocates in different stages of their careers were asked recently to share why they chose to and continue to serve in the Corps. What follows are their thoughts. First Lieuntenant Laura D. Jungreis First Lieutenant Laura D. Jungreis When applying to the Judge Advocate General’s (JAG) Corps, I did my homework: researched online, read all the material I could find, and spoke with current and former judge advocates (JAs). Those JAs...

ROTC Outreach Done Right

People, people, people—that’s why recruiting is so important . . . it’s the lifeblood of our business. 1 Recruiting is critical to ensure the Judge Advocate General’s (JAG) Corps remains strong and attracts the best candidates. The Reserve Officer Training Corps (ROTC) Outreach Program is a pivotal part of this enduring effort. Launched by the Judge Advocate Recruiting Office (JARO) in 2018, this initiative educates cadets about the JAG Corps’s mission and emphasizes the opportunity...

Five Korean-American Female Soldiers at TJAGLCS

While virtually all men, women, and children living in the United States have ancestors who immigrated here, an unusual coincidence has brought five American women with Korean ancestry to The Judge Advocate General’s Legal Center and School (TJAGLCS). Twenty-five percent of active component judge advocate strength is composed of women, while female paralegal specialists constitute about thirty-five percent of active component military occupational specialty (MOS) 27D. Given that Soldiers...

First Female First Sergeant Duo at TJAGLCS

For the first time in Regimental history, there are two female First Sergeants (1SGs) at The Judge Advocate General’s Legal Center and School (TJAGLCS): 1SG Cierra J. Caldwell at the Student Detachment and 1SG Charlene M. Crisp at the Noncommissioned Officer Academy (NCOA). While there have been female 1SGs previously at TJAGLCS—like Angela Moore, who was the first female 1SG at the NCOA—this is the first occasion where two female 1SGs have been present in Charlottesville at the same time....

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The War for Talent

Right now, there is a law student out there—one who is driven to succeed and to serve a higher calling, but wondering where to begin. Throughout his or her life, this student has been a leader—perhaps in sports, in school, or among peers. He or she is a trusted confnidant, a loyal teammate, a problem solver, and creative thinker who listens intently, communicates clearly, and radiates calm in stressful situations. This person is a lifelong learner and an eclectic reader, eager to grow as...

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