The December 2009 Army Lawyer issue, here, is chock full o’ articles of interest to our readers. Two articles with clear MilJus practical guidance are:
- “Thinking Outside of the Detained Box: A Guide to Temporary Seizures of Property Under the Fourth Amendment,” Major Phillip B. Griffith
- “A View from the Bench: Deferring and Waiving Forfeitures: Help the Government Help Your Client,” Lieutenant Colonel Christopher T. Fredrikson
And my personal favorite from the issue is “Command Authority over Contractors Serving with or Accompanying the Force,” by Lieutenant Colonel Charles T. Kirchmaier. Even though I don’t agree with everything the author says, it is a good article and a good primer on commander’s Art. 2(a)(10), UCMJ authority. However, I do have to chide Army Lawyer for not including the MEJA checklist that is referenced in footnote 25, “A copy of the MEJA checklist developed for use when making a MEJA referral to the DoJ is located at the end of this article at Appendix A.”
Even some of the non-MilJus articles have appeal. “Detention Operations in a Counterinsurgency: Pitfalls and the Inevitable Transition,” by Captain Matthew Greig has some thoughts on prosecution of detainees and SOFA provisions.