#2. United States v. Fosler:  End-of-year top ten lists start to stink after I’ve thrown out my Christmas tree, so let’s get this knocked out.  Truth is we just don’t know how big Fosler is yet.  The service courts are trying to limit it to contested cases, perhaps even where the issue was preserved at trial.  In other words, to its facts.  Zack just reiterated that he thinks it’s a case with a very short life span.  Judge Baker worries it’s a sea change in military justice.  I’ve already written a good bit about Fosler here and here, and I won’t waste perfectly good electrons rehashing now.  But Fosler was a consensus choice for the top two of the year, and probably the most frequent search term that brings people to CAAFlog, after, of course, CAAFlog.   Back to No Man for the #1 story of the 2011.

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