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Army Lawyer

Thrift Savings Plan participation a valuable option

Choosing between the High-Three and the Redux military retirement programs: Thrift Savings Plan participation a valuable option Vivian C. Shafer Introduction Service members who entered service after 1 August 1986 may select between two retirement plans(1) commonly called “High-Three” and “Redux.”(2) The primary differences between the two retirement programs are a “career-status” bonus and pay […]

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Army Lawyer

The thrill and excitement of impeachment by contradiction

The thrill and excitement of impeachment by contradiction Christopher W. Behan Introduction Wednesday afternoon, the Fort Swampy courtroom. You are in the second day of a contested general court-martial before a panel of officer and enlisted members. The accused–your client–has been charged with conspiracy to distribute cocaine in violation of Article 81 of the Uniform […]

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Army Lawyer

Military members posing in sexually explicit pictures

Military members posing in sexually explicit pictures Kelly L. McGovern Introduction The Global War on Terrorism spurred an increase in the media coverage of military matters over the last several years. Unfortunately, it appears that some Soldiers, Sailors, Airmen, and Marines capitalized on this media attention for their own personal gain. (1) They seized the […]

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Army Lawyer

recent developments in military jurisdiction

Moving towards the apex: recent developments in military jurisdiction Tyler J. Harder Introduction “A court-martial always has jurisdiction to determine whether it has jurisdiction.” (1) Military jurisdiction has undergone significant changes since the enactment of the Uniform Code of Military Justice (UCMJ) fifty-three years ago. Although the current list of persons subject to military jurisdiction […]

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Army Lawyer

The general officer aide and the potential for misuse

The general officer aide and the potential for misuse Ethics Note The General Officer Aide and the Potential for Misuse Introduction “Rank has its privileges.” That adage has some truth, at least when it comes to the benefits conferred upon general officers in the U.S. military. Along with respect and responsibility, promotion provides perks that […]

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Army Lawyer

When to use a carrier’s estimate

When to use a carrier’s estimate United States Army Claims Service Personnel Claims Note When to Use (and How to Reject) a Carrier’s Estimate Several weeks ago, a hypothetical claimant, Soldier X, submitted a claim in which the carrier had damaged some picture frames after shipping them in mirror cartons to an Army field claims […]

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Army Lawyer

How to keep military personnel from going to jail for doing the right thing: jurisdiction, ROE & the Rules of Deadly Force

How to keep military personnel from going to jail for doing the right thing: jurisdiction, ROE & the Rules of Deadly Force – Rules of Engagement W.A. Stafford “[T]he willingness of our men and women in uniform to put their lives at risk is a national treasure. That treasure can never be taken for granted….”(1) […]

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Army Lawyer

The True Story of the Darien Expedition and America’s Ill-Fated Race to Connect the Seas

The Darkest Jungle: The True Story of the Darien Expedition and America’s Ill-Fated Race to Connect the Seas Susana E. Watkins In The Darkest Jungle, Todd Balf once again proves himself to be a masterful writer. (3) By telling the simple tragic story of an American expedition gone terribly wrong, (4) Mr. Balf clearly succeeds […]

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Army Lawyer

The Extraordinary Story of the Largest Covert Operation in History

Charlie Wilson’s War: The Extraordinary Story of the Largest Covert Operation in History Eric D. Magnell If there is a single man who has played a part [in the Soviet defeat in Afghanistan] that shall be recorded in history in golden letters, it is that right honorable congressman. Charles Wilson. (3) The U.S. media has […]

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Army Lawyer

New developments in the law of discovery

New developments in the law of discovery Christina E. Ekman Military appellate court decisions during the past year focused on several different aspects of military discovery practice. The decisions addressed witness production, destruction of evidence, government failure to disclose specifically requested favorable evidence, and defense failure to disclose evidence pursuant to reciprocal discovery. While none […]