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Army Lawyer

can we do it? Yes, we can

Suspension and debarment of soldiers: can we do it? Yes, we can Scott N. Flesch Chief Warrant Officer Two (CW2) Sticky Fingers, an aviation maintenance officer, is the approving official for all government purchase card (IMPAC) (2) transactions by his department at Fort Irvine, California. (3) Essentially, anything sought to be purchased or procured using […]

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Army Lawyer

New developments in instructions: 2003 term of court

New developments in instructions: 2003 term of court Donna Wright This article surveys decisions, which impact instructions, issued by the Court of Appeals for the Armed Forces (CAAF) and the Army Court of Criminal Appeals (ACCA) during the 2003 term. These decisions are organized based on their influence in the following areas: (1) offenses; (2) […]

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Army Lawyer

A primer: Section 529 plans, Coverdell Education Savings Accounts , and other tax-smart ways to save for college – Education IRAs

A primer: Section 529 plans, Coverdell Education Savings Accounts , and other tax-smart ways to save for college – Education IRAs – individual retirement accounts Craig D. Bell Introduction Benjamin Franklin once observed, “An investment in knowledge always pays the best interest.” (2) As legal assistance attorneys, clients frequently ask: What is the best way […]

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Army Lawyer

The “discretionary function” and “assault and battery” exceptions to the Federal Tort Claims Act : when they apply and how they work together

The “discretionary function” and “assault and battery” exceptions to the Federal Tort Claims Act : when they apply and how they work together – FTCA Kurt G. Larkin Introduction You have just arrived at the office for another exciting day in the world of Army claims. As you sit down to drink your coffee and […]

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Army Lawyer

using the right tool for the job

Summary court-martial: using the right tool for the job Summary Court-Martial: Using the Right Tool for the Job It would seem inconceivable that a serious charge … would ever be prosecuted before a court which could impose maximum confinement at hard labor for only one month. But if that occurred, an accused so charged before […]

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Army Lawyer

Criminal liability for killing a snake? How one soldier learned about environmental crimes the hard way – Endangered Species Act

Criminal liability for killing a snake? How one soldier learned about environmental crimes the hard way – Endangered Species Act – New York The average soldier probably does not realize that the Endangered Species Act (ESA) (33) provides for criminal sanctions, (34) that states have their own versions of the ESA, or that state and […]

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Army Lawyer

Justice under fire

Justice under fire Craig Trebilcock Two years ago in the November 2003 issue of The Army Lawyer, this author examined the state of the Iraqi legal system on the heels of the initial U.S. occupation of that country. (1) The general conclusion at that time was that the Iraqi judiciary had an uphill battle to […]

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Army Lawyer

Center for Law and Military Operations report

Center for Law and Military Operations report – CLAMO R. Lance Miller Legal Support for the Afghan National Army Background Following the overthrow of the Taliban government in Afghanistan, the United Nations has struggled with how best to assist Afghanistan to establish a new government. This effort has yielded the Agreement on Provisional Arrangements in […]

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Army Lawyer

Servicemembers Civil Relief Act replaces Soldiers’ and Sailors’ Civil Relief Act

Servicemembers Civil Relief Act replaces Soldiers’ and Sailors’ Civil Relief Act John T. Meixell Introduction On 19 December 2003, President Bush signed Public Law No. 108-189, (1) a major amendment of the the Soldiers’ and Sailors’ Civil Relief Act (SSCRA). (2) Prior to these changes, the last major revision of the SSCRA occurred in 1940. […]

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Army Lawyer

Fair Debt Collection Practices Act – FDCPA

Fair Debt Collection Practices Act – FDCPA – 30-day period to request verification of debt Is the Thirty-Day Period to Request Verification of a Debt a Dispute Period or a Grace Period? Military practitioners often assist legal assistance clients who are in debt and are being contacted by debt collection agencies. To represent these clients […]