Worth the Read Category Archives — Page 20 of 20 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Rules of Engagement

April 10, 2009 | The Law Office of Philip D. Cave

Clients and military defense counsel know I have Rules of Engagement (ROE), yes I call them that, for the client to follow, and which I often have for the Members to follow in contested cases.

I have ROE for the Court too.

1. Be nice (not condescending) to the court-reporter. Don’t walk off with exhibits, always return them once you’ve used them, and ask her before leaving the court for the day or at the end of the trial if you “owe” anything (like missing exhibits, or an appellate exhibit you’d told the judge you’d provide later). I can’t remember how many times I’ve been saved in a trial by a comment from the reporter.

Future of the exclusionary rule

April 6, 2009 | The Law Office of Philip D. Cave

We made several postings of article assessing the Roberts Supreme Court and the future of the exclusionary rule. Here is another, Susan A. Bandes, The Roberts Court and the Future of the Exclusionary Rule, American Constitution Society, April 2009.

Military Law Review

April 6, 2009 | The Law Office of Philip D. Cave

Vol 199 MIL. L. REV., Spring 2009, is now on line complete with typos.

National Scurity (sic) Veiled in Secrecy: An Analysis of the State Secrets Privilege in National Security Agency Wiretapping Litigation
From Law Member to Militry (sic) Judge: The Continuing Evolution of an Independent Trial Judiciary in the Twenty-First Century

The Fourteenth Hugh J. Clausen Lecture in Leadership

Gangs in the military.

March 10, 2009 | The Law Office of Philip D. Cave

Worth the read is Gustav Eyler, Gangs in the Military, 118 Yale L. J. 696 (2009).

Gang activity in the U.S. military is increasing. Gang members undermine good order and discipline in the armed services and pose a serious threat to military and civilian communities. Congress recently responded to this threat by directing the Secretary of Defense to promulgate regulations forbidding the active participation of service personnel in criminal street gangs. This Note reviews the threat posed by military gangs and analyzes existing military policies addressing gang affiliation. This Note concludes with recommendations for the military to consider when it drafts the new regulations demanded by Congress.

Rod Powers, Gang Activity in the U.S. Military, About.com, 12 February 2008.