Episodes
This episode features LtCol Grant McDowell, Acting-Chair, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Dr. Jill Goldenziel, Professor, National Defense University-College of Information and Cyberspace. In this episode, Dr. Goldenziel discusses the often-debated topic of Lawfare with LtCol McDowell. They touch upon many areas during their conversation including the definitions of Lawfare, current efforts in the US to counter-Lawfare,...
Published 05/08/24
Published 05/08/24
In this episode, we discuss CAAF's decision in United States v. Flores. This case examines sentence appropriateness review under the new sentencing procedures established by the Military Justice Act of 2016. 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).
Published 05/01/24
In this episode, CPT Brandon Pugh sits down with Lt Gen (Ret.) John “Jack” Shanahan an expert in the artificial intelligence (AI) field to discuss AI. In his final assignment he served as the inaugural Director of the U.S. Department of Defense (DoD) Joint Artificial Center (JAIC). During this episode, Lt Gen (Ret.) Shanahan discusses how he became the DoD’s lead on AI, standing up Project Maven as the director, the process of introducing AI into the DoD, and AI ethics in the DoD including...
Published 04/17/24
In this episode, we discuss CAAF's decision in United States v. Driskill. This case examines Double Jeopardy and its application to offenses charged under Article 134. 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).
Published 04/11/24
In this episode, we discuss CAAF's decision in United States v. Ramirez. Specifically, we examine when a military judge must allow questions concerning racial bias during voir dire - while discussing voir dire and bias generally. 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).
Published 03/20/24
In this episode, we discuss CAAF's decision in United States v. Warda. Here, the CAAF examines the remedy when the Government is unable to produce documents required by Rule for Courts-Martial 703. The Court provides rules for practitioners concerning their discovery obligations. 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).
Published 03/08/24
In this episode, we discuss CAAF's decision in United States v. Brown. Specifically, we examine CAAF's view of Part IV of the Manual for Courts-Marital and what constitutes "presence" for disrespect of a noncommissioned officer. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook...
Published 02/22/24
In this episode, we examine CAAF’s latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on...
Published 02/07/24
In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson which...
Published 01/24/24
In this episode, Major Keoni Medici, former Associate Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews Lieutenant Colonel Michael Lebowitz, ADN Adjunct Professor and expert in the law that governs cyberspace. LTC Lebowitz discusses his research surrounding gaps in existing electronic surveillance laws and how the future quantum internet will outpace the law. LTC Lebowitz predicts that if not proactively...
Published 12/20/23
In this episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram...
Published 12/13/23
In this final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with...
Published 11/29/23
Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of the LLM Program at TJAGLCS.
Published 11/22/23
This episode features Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Professor Mark Nevitt of Emory Law School, to discuss the impact of climate change on U.S. national security. As one of the leading experts at the intersection of the climate crisis’ impact on U.S. national security and stability, Professor Nevitt labels this unconventional threat as both a “threat accelerant” and a “catalyst...
Published 11/15/23
In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the UCMJ.Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law...
Published 11/15/23
Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of the Funded Law Education Program in the JAG Corps.
Published 11/08/23
In this episode, Major John Tramazzo, Fellow and Professor of Law at the Stockton Center for International Law, is interviewed about his scholarship and research into Deep Fake technology. John shares his research, best reads for military practitioners, and some legal considerations for the military applications of this emerging technology. MAJ Tramazzo discusses points from this interview linked here:...
Published 11/01/23
In this first of a three parts, we examine the the CAAF's decision in United States v. Hasan. This episode addresses the history of this case, and explains the CAAF's opinion addressing MAJ Hasan's decision to represent himself and the Military Judge's decision to close a portion of the trial to the public. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You...
Published 11/01/23
We bid a fond farewell to Mr. Fred Borch, Professor of Legal History and Regimental Historian and Archivist for the U.S. Army Judge Advocate General’s Corps. Although he is retiring, Mr. Borch will be back from time-to-time with future episodes!
Published 10/25/23
Learn about the dramatic showdown between Vice Chief of Staff of the Army, GEN Maxwell Thurman, and the Judge Advocate General, MG Hugh Overholt, that is the reason why the JAG Corps has warrant officers today.
Published 10/18/23
Learn about the dramatic showdown between Vice Chief of Staff of the Army, GEN Maxwell Thurman, and the Judge Advocate General, MG Hugh Overholt, that is the reason why the JAG Corps has warrant officers today.
Published 10/18/23
Enlisted personnel are critical to modern U.S. Army JAG Corps operations, but when did that begin? Mr. Borch explores enlisted personnel’s origins in WWI.
Published 10/13/23
These two cases examine the CAAF’s jurisdiction when deciding on writs filed by SVCs. Specifically, the CAAF decides whether they have the authority to review decisions made by the CCA’s when asked by an accused, and by an SVC, respectively. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on...
Published 10/12/23
How did Mr. Borch, Regimental Historian U.S. Army JAG Corps, find so much information on judge advocates who served in WWI? Learn about his research and treasure trove of biographical sketches.
Published 10/11/23