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The Quill & Sword

Author: The Judge Advocate General's Legal Center and School

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The Quill & Sword series of podcasts is created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). There are multiple shows in the series, with The Quill & Sword show serving as the umbrella show. "The Quill & Sword" show contains all episodes from the "Criminal Law Department Presents," "NSL Unscripted," "Mentorship Matters" and "Fred Talks" shows, plus featured episodes from other TJAGLCS departments, and all prior episodes from the discontinued “Battlefield Next” show. "Criminal Law Department Presents" features TJAGLCS Criminal Law professors discussing published CAAF opinions. "NSL Unscripted" features discussions on hot topics related to NSL practice and insight from NSL practitioners and national security leaders. "Mentorship Matters" is hosted by the JAG Corps's Leadership Center and features interviews with leaders from across the Army JAG Corps, Retired JALS Personnel, Academic Leaders, and Army Senior Leaders. "Fred Talks" presents a more informal look at the history of the JAG Corps by the Regimental Historian. The Quill & Sword podcast replaced the TJAGLCS Battlefield Next podcast, which served as the original TJAGLCS podcast series. Each episode in The Quill & Sword series of podcasts is generally 10-20 minutes to enable listening to and from work and to get to the point without hours of investment. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
149 Episodes
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This week we discuss CAAF’s latest opinion concerning the role the providence inquiry fits into a mixed plea. Also, we discuss CAAF’s holding concerning whether defense counsel are ineffective when they fail to object to improper use of the providence inquiry. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, MAJ Brian Jones, Associate Professor in the National Security Law Department, talks with Professor Vinita Singh, Assistant Professor at the University of Iowa College of Law. Professor Singh shares her research on economic sanctions imposed by the United States and European Union connected with the Russia–Ukraine war. Professor Singh focuses on export controls on luxury goods, using those measures as a case study to reevaluate widespread beliefs about the effectiveness of economic sanctions. Professor Singh discusses her arguments in favor of reconceptualizing the utility of economic sanctions and proposes new paradigms for considering and measuring the success of economic sanctions. Professor Singh’s article, Louboutin Lawfare: Exploring Conceptions of Sanctions Utility Through Export Controls on Luxury Goods, is forthcoming in the Northwestern University Law Review. It is currently available for review on SSRN here. Learn more about The Quill & Sword series of podcasts by visiting our pod-cast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine the importance of the Statement of Trial Results and the Court of Criminal Appeals’ ability to change a collateral consequence. Specifically, we examine this issue in the context of domestic violence and Lautenberg qualification. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, LTC Hans Zeller, Chair of the Administrative and Civil Law De-partment (ADA) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews COL Danyele Jordan, SJA, TRANSCOM, and former Legal Advisor to the Inspector General (IG) at the time of recording this episode, and Dr. Herman Walker Chief, Whistleblower Branch. COL Jordan and Dr. Walker discuss the roles and responsibilities of the Office of the Inspector General in investigating allegations of whistleblower and reprisal made by members of the Army. In addition, the experts share insights into investigations stemming from allegations of restricted communications to members of Congress or IG. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Un-scripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Depart-ment). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This episode is part two of a two-part series which captures the live recording of a panel held at the 1st Emerging Technologies in the Law Course. In this episode, LTC(R) Laura West, Former Chair of the National Security Law Department, wraps up her conversation with the panelists and ends by fielding questions from the audience. Tune is as the esteemed panelists, Professor Gary Corn, Director of the Technology, Law & Security Program at American University Washington College of Law, Mr. Jonathan Horowitz, Legal Advisor at International Committee of the Red Cross-ICRC, and Mr. Matt Fussa, Trust Officer at Cisco Systems, finish the fascinating conversation they started last episode! NSL Practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications - https://tjaglcs.army.mil/. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, LTG Joe Berger, COL Shay Stinson, LTC Madeline Gorini, and Ms. Beth Pillsbury discuss the new Office of Professional and Organizational Development (OPOD) and how it will support the JAG Corps. They discuss OPOD’s commitment to helping the JAG Corps recruit, retain, and develop inclusive teams. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we once again examine the caselaw surrounding a victim’s ability to file a writ during the course of a court-martial. This case also dives deeper into the interplay between M.R.E. 513 and R.C.M. 701 and 703. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
LTC Matthew Firing, Chair of the Contract and Fiscal Law Department at The Judge Advocate General’s Legal Center and School, sets the stage for the 2024 New Developments Course, where Contract and Fiscal Law experts will converge to discuss the latest developments and best practices. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we dive into CAAF’s latest opinion on Article 120. Specifically, we examine the role “without consent” and “substantial incapacitation” play in the UCMJ’s statutory scheme. This is an important episode for all military justice practitioners as they embark on charging and defending sexual assault charges. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, we dive deep into the complex world of government shutdowns and continuing resolutions (CRs). What happens when the government runs out of funding? How do CRs keep our critical services running? Our hosts break this all down with LTC Andrew Scott, a seasoned Senate staff member on the Senate Armed Services Committee (SASC) and a Lieutenant Colonel in the Army Reserves. Drawing on his years of experience in the legislative process as well as his experience in the U.S. Army, LTC Scott provides valuable insider insights to this topic. Tune in for a candid discussion on the challenges and solutions to keeping the government funded and functional. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine CAAFs latest take on Article 134 and Article 117a. Specifically, we dive into the area of preemption and how practitioners can ensure that they are treading carefully when crafting novel 134 offenses. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine a unique CAAF case examining the correct appellate standard for sentence appropriateness. Swisher examines what a closely related case is for purposes of this sentence appropriateness standard. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This week we examine CAAF’s latest decision concerning implied bias and challenging a panel member for cause. Specifically, we discuss how a judge’s determination for implied bias is reviewed, what role the liberal grant mandate plays in the decision, and what practitioners can do to better shape/argue these challenges. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
This episode is part one of a two-part series which captures the live recording of a panel held at the 1st Emerging Technologies in the Law Course. Moder-ated by, LTC(R) Laura West, Former Chair of the National Security Law De-partment, the panel discusses the private sector’s emerging role in current and future conflict, as well as how government practitioners should consider working alongside big tech companies in future warfare. The esteemed panel-ists, Professor Gary Corn, Director of the Technology, Law & Security Pro-gram at American University Washington College of Law, Mr. Jonathan Hor-owitz, Legal Advisor at International Committee of the Red Cross-ICRC, and Mr. Matt Fussa, Trust Officer at Cisco Systems, all provide different, expert perspectives on the increasing and complex role of big tech in conflict. NSL Practitioners interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications - https://tjaglcs.army.mil/. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
For this episode, we examine one of CAAF’s recent decisions interpreting Article 134. Specifically they analyze the concept of fair notice for a charge of indecent conduct. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
After our two special episodes, we once again discuss one of CAAF’s latest opinions – United States v. Metz. In this episode we discuss when someone becomes a suspect for Article 31 purposes, and when evidence must be suppressed after a suspect is illegally apprehended (in the context of ineffective assistance of counsel). Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this episode, LTG Joe Berger, The Judge Advocate General, sets the stage for the 2024 Worldwide Continuing Legal Education (WWCLE) event in Charlottesville, VA at The Judge Advocate General’s Legal Center and School. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In Episode 3 of the FAR & Beyond, the hosts interview Mr. Adam Caudle, Attorney Advisor with the Fort Belvoir Division, Army Materiel Command Legal Center – Aberdeen Proving Ground. Mr. Adam Caudle is an acquisitions attorney providing contract and fiscal law support to Program Executive Officer Soldier, Program Manager Expeditionary Energy and Sustainment Systems, and Program Manager Terrestrial Sensors. He also provides administrative, ethics and labor legal support to various client activities. During the interview, Mr. Caudle discusses temporary acquisition flexibilities relating to Ukraine, Taiwan, and Israel. These temporary flexibilities allow the DOD to significantly accelerate the award of certain types of contracts to meet mission requirements. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
After hearing from Judge Hardy last week, this week we get the trial judge’s perspective on the practice of military justice. We are joined by COL Trevor Barna and COL(R) James Pohl. They speak about the practice of military justice from their time on the bench. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
In this special episode we are joined by the Honorable Liam Hardy, a current Judge on the Court of Appeals for the Armed Forces. He shares valuable insight on the practice of military justice – including helpful tips for practitioners at all levels. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).
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