Lots of interesting military justice articles were published recently:
- A book review by our emeritus Dwight H. Sullivan, Trying Cases to Win in One Volume, Army Law., June 2014, at 56 (direct link to article). The first paragraph includes this sentence: “What Moneyball did for baseball and Thinking About Crime did for criminology, Trying Cases to Win in One Volume does for trial advocacy.”
- Major Robert D. Merrill, The Military’s Dilution of Double Jeopardy: Why United States v. Easton should be Overturned, 219 Mil. L. Rev. 176 (2014) (direct link to article). Major Merrill analyzes CAAF’s opinion in United States v. Easton, 71 M.J. 168 (C.A.A.F. 2012), cert. denied, 133 S. Ct. 930 (2013). (CAAFlog case page), and argues that “Congress should amend Article 44 to align with civilian law. Not only was Easton decided on faulty logical grounds, but it also set a dangerous precedent in which the CAAF was permitted to ignore the Supreme Court’s interpretation of a core constitutional right, and on the flimsiest of justifications.” Merrill, supra, at 177.
- Colonel French L.Maclean, The Seventh Annual George S. Prugh Lecture on Military Legal History, 219 Mil. L. Rev. 262 (2014) (direct link to article). The article is an edited transcript of a lecture delivered on April 24, 2013, and is “about a time, back in World War II, when Judge Advocates were the big dogs on the porch.” Id. at 263.
- Major Scott A. McDonald, Authenticating Digital Evidence from the Cloud, Army Law., June 2014, at 40 (direct link to article). “This article describes the nature of cloud architecture, criminal aspects of cloud storage, and then addresses issues of authenticating evidence obtained from the cloud. Drawing parallels from the approved methods of authentication for e-mail and webpages, this article argues that despite some unique issues associated with data obtained from the cloud, authentication of cloud data should not present an insurmountable obstacle for counsel.” Id. at 41.
- Major Jeffrey A. Gilberg, The Secret to Military Justice Success: Maximizing Experience, 220 Mil. L. Rev. 1 (2014) (direct link to article). The author conducted an anonymous survey of Army JAG Corps personnel in military justice billets. From this survey, the article “first identifies and substantiates the problem of inexperience in the Army’s military justice system. Second, it discusses the SVP program as a successful Army initiative already in place that effectively utilizes litigation experience. Third, by building upon the success of the SVP model, as well as the ideas and observations of others, this article proposes a detailed plan that directly addresses and solves the problem of litigation inexperience in the JAG Corps.” Id. at 3.
- Major Elizabeth Murphy, The Military Justice Divide: Why Only Crimes and Lawyers Belong in the Court-Martial Process, 220 Mil. L. Rev. 129 (2014) (direct link to article). “This article explores the process and concerns with commanders’ UCMJ authority, analyzes recent legislation, and proposes a new military justice model by incorporating the spirit of the MJIA.” Id. at 134. The MJIA is the Military Justice Improvement Act, proposed by Senator Gillibrand and discussed here.
- Major Frank E. Kostik Jr., If I Have to Fight for My Life—Shouldn’t I Get to Choose My Own Strategy? An Argument to Overturn the Uniform Code of Military Justice’s Ban on Guilty Pleas in Capital Cases, 222 Mil. L. Rev. 242 (2014) (direct link to article).