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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).
137 Episodes
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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).
In this episode, MAJ Emily Bobenrieth, Associate Professor in the National Security Law Department at The Judge Advocate General’s Legal Center and School, sits down with LTC Kevin Schieman, Academy Professor at in the Department of Law and Philosophy at the United States Military Academy. As both a professor and a philosopher, LTC Schieman shares his research and insights on the relationship between trust, trustworthiness, and artificial intelligence. LTC Schieman also discusses how trusting and using these technologies impacts to command responsibility, and how understanding the technology is critical for both commanders and command advisors. LTC Shieman’s publication mentioned in the podcast can be found here: https://philarchive.org/archive/SCHTSS-21 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. 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 examines two cases with very similar lessons for practitioners. Specifically, we examine the judicial disqualification rule under Rule for Court-Martial 902, and the caselaw surrounding prejudice. The CAAF highlights for practitioners yet again how important it is for practitioners to build a record. 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, the Talent Management Office (TMO) emphasizes the importance of judge advocates working with their leaders during the assignment process and describes the next steps in the assignment cycle, including an explanation of the Worldwide Continuing Legal Education (WWCLE) and the General Officer Steering Committee (GOSC) for field grade officers. The online preference sheets are due on 15 Aug for O-4s and 31 Aug for O-3s. If you have questions or comments, please email the TMO team at: usarmy.pentagon.hqda-otjag.mbx.tmo@army.mil 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, the Talent Management Office (TMO) discusses how judge advocates should approach their assignment preference sheets, which is just the beginning of the conversation. The biggest change to the assignment preference sheet is the inclusion of leadership questions for those seeking specific leadership roles. The online assignment preference sheet will be available 1 August 2024. TMO uses the preference sheet to understand where you are interested in being stationed and what type of work you want to do going forward. The preference sheet will also be used to tell TMO about specific personal considerations (EFMP, MACP, spouse or partner career goals, extended family concerns, etc.). If you have questions or comments, please email the TMO team at: usarmy.pentagon.hqda-otjag.mbx.tmo@army.mil 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 examine the role the providence inquiry plays in a guilty plea. The CAAF’s decision in Cole highlights the detail required from all practitioners to ensure guilty please survive appellate review. 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 Dan Maurer sits down with Dakota Rudesill, Associate Professor of Law at Ohio State’s Moritz College of Law. During this episode, Professor Rudesill discusses his in-depth study of “secret law,” from classified executive branch policy and pseudo-binding opinions by the Department of Justice’s Office of Legal Counsel in times of armed conflict to the proliferation of classified statutes and their annexes since the 1970s. Wide-ranging, the conversation touches on the historical prevalence of secret law, reasons for its growth, how courts address it, how to reconcile it with democratic norms, and his recommendations for responsible reform. 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. 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 Joseph Berger, COL Ryan Dowdy, and COL Jessica Farrell discuss the new Talent Management Office (TMO) and how it will support the field. If you have questions or comments, please email the TMO team at: usarmy.pentagon.hqda-otjag.mbx.tmo@army.mil 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 examine Military Rule of Evidence 404(b). The CAAF’s opinion in U.S. v. Wilson provides excellent guidance for practitioners attempting to understand and utilize this rule in their trials. 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 2 of the FAR & Beyond, the hosts interview Ms. Margaret Boatner, the Deputy Assistant Secretary of the Army for Strategy and Acquisition Reform. Ms. Boatner serves as the principal advisor to the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, focusing on the design and implementation of acquisition policy and reform initiatives. She is also responsible for leading the analysis and implementation of legislation within the Army acquisition enterprise. During the interview, Ms. Boatner discusses the recent report from the bipartisan commission on Planning, Programming, Budgeting, and Execution (PPBE) Reform. She highlights the fiscal challenges the Department of Defense (DoD) faces, particularly in the acquisition of software and other technologies. Ms. Boatner elaborates on various recommendations made to address these concerns and provides valuable insights into the complexities of Army acquisition and the ongoing efforts to modernize and streamline these processes. 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 of CAAF Chats, we examine CAAF’s latest opinion concerning their jurisdiction to hear appeals brought by crime victims. Specifically, this case clarifies who has standing to appeal a ruling by a military judge. 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 features Maj Fabiani Duarte, Associate Professor in the National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Ashley Deeks, UVA Law School Professor and recent White House associate counsel and deputy legal adviser to the National Security Council. In this episode, Professor Deeks discusses Artificial Intelligence (AI) in the military and the U.S. Executive branch with Maj Duarte. They also discuss Professor Deeks’ forthcoming publication, The Double Black Box: National Security, Artificial Intelligence, and the Struggle for Democratic Accountability which discusses the increasing reliance on AI by Executive branch agencies like the Department of Defense and CIA and how to hold the Executive branch accountable for the use of AI tools and machine-learning (ML) systems in high-risk national security settings. The “double black box” problem that Professor Deeks identifies is the customary secrecy of much of the business of the Executive branch, coupled with the opaque nature of AI/ML tools themselves, significantly complicating democratic oversight and accountability. Professor Deeks presents several potential solutions to help better govern AI tools employed by the U.S. government and also weighs in on the global AI agreements. The discussion also delves into Professor Deeks’ career working for the National Security Council, the State Department, and her current work as a law professor. 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 edition of the Mentorship Matters podcast, MAJ Ben Asare, a member of the 72nd Army JAG Graduate Course, interviews Command Sergeant Major Mike Bostic, the Army JAG Corps Regimental Sergeant Major. In this episode, MAJ Asare and RSCM Bostic delve into the significance of mentorship, its impact on personal and professional growth, and the key ingredients for fostering meaningful mentor-mentee relationships. To learn more about the Army JAG Corps’s Leadership Center and to access additional resources please visit https://tjaglcs.army.mil/center/leadership-center or https://tjaglcs.army.mil/leapp.
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