Podcasts about law department

Seeks own lawyer for ethics case A Putnam legislator accused of ethics breaches in a complaint filed by the county attorney over her son-in-law's attempted purchase of a government-owned property is suing to stop his office from choosing who will represent her. Toni Addonizio, who represents Kent on the Legislature, alleges in a lawsuit filed May 30 in state court that Putnam's Law Department approved her request for a county-funded lawyer but "has outrageously and improperly" asserted that it has the right to choose who will defend her against the complaint filed by Compton Spain, who heads the department as county attorney. Both Spain and the county are named in the lawsuit, which says that Addonizio asked the department for "a counsel of my choosing" when notified that the Putnam Board of Ethics scheduled a hearing on the complaint for April 28. (Amid the dispute, the hearing was canceled.) Addonizio's request for a county-funded attorney is based on a state law, adopted by Putnam, that requires it to defend employees in federal and state civil cases for "any alleged act or omission" occurring while they are working. Municipalities are exempt from the requirement if they are the ones bringing the case against an employee. The law also entitles an employee to choose their attorney if the chief legal officer of a municipality, such as a county attorney, or a judge determines that a conflict of interest exists. In response to Addonizio's request, the Law Department said its insurer verbally concluded that she was ineligible for legal assistance but, "after careful review," it would select one of the firms from its list of contractors - Roemer Wallens Gold & Mineaux - to represent her. The department also said that Addonizio could choose to pay out-of-pocket for an attorney who is not on its approved list. "There could not be a more patent conflict of interest than the complainant in a politicized ethics proceeding selecting the accused's attorney," said Jeffrey Gasbarro, who is representing Addonizio in the lawsuit. Spain's 191-page complaint, filed with the Board of Ethics in June 2024 and also forwarded to the Attorney General's Office, accuses Addonizio of failing to disclose that her son-in-law, Byron Voutsinas, was the buyer initially agreeing to purchase a county-owned property at 34 Gleneida Ave. in Carmel. According to Spain, Voutsinas sought to use Addonizio's influence with the Legislature to include parking spaces from a nearby county-owned lot in the sale. He also claims that the agreed-upon price, $600,000, represented a "veritable windfall" from a recommended listing price of $900,000 and market studies valuing it as high as $1.2 million. Spain's office moved to void the contract, arguing that Voutsinas failed to satisfy conditions for the sale to be finalized, including getting the Legislature's approval, which never occurred. After Voutsinas filed a claim accusing the county of breach of contract, Spain successfully petitioned a judge to have the contract canceled. During a May 2024 meeting of the Legislature's Rules Committee, then chaired by Addonizio, lawmakers accused the Law Department of filing the petition without first getting their approval. Addonizio "spoke frequently and freely on the matter," but should have recused herself, said Spain. The Legislature's former counsel, Robert Firriolo, defended Addonizio in a response to Spain's complaint sent to the ethics board. He also accused Spain of failing to disclose, when asked on his employment application about criminal convictions, that he was found guilty in 1993 of criminal contempt of court. A judge found Spain guilty under state Judiciary Law, which does not classify the charge as a misdemeanor. Because the penalty can include jail time, Firriolo argues it is equivalent to a misdemeanor as defined under state Penal Law.

In this special episode we sit down with Professor David Schlueter after delivering the Prugh Lecture at TJAGLCS. We discuss the 75th anniversary of the UCMJ and persistent issues throughout the history of military justice. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

In this episode we examine the changes to Article 131 and what “endeavoring to seize” means in the statutory scheme. In the process we examine the history of this new article, its implementation under MJA 2016, and charging strategies. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

CAAF Chats is back! This week we examine what meaningful relief looks like during appellate review, and whether meaningful relief is even required. CAAF continues its trend of interpreting statutory changes to the UCMJ. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

County executive lawsuit cost $52,300 An aborted lawsuit filed by the Putnam County executive against the Legislature cost more than $50,000 and accounted for one-third of a request by the Law Department for more money to pay outside law firms. After Amy Sayegh, who chairs the Legislature and its Audit Committee, criticized the spending as excessive, the committee voted Monday (Jan. 27) to delay until February the department's $150,000 request. Michael Lewis, the finance commissioner, said the Law Department already received $200,000 after exhausting its $300,000 budget in 2024 for outside counsel. He said a "good amount" of the billing was from Harris Beach, a firm defending the county in a lawsuit filed by the contractor hired to reconstruct the intersection of Oscawana Lake and Peekskill Hollow roads in Putnam Valley. Another firm, Murtagh, Cossu, Venditti & Castro-Blanco, based in White Plains, billed the county $52,300 for representing Kevin Byrne in his lawsuit against the Legislature. He sued over a law that amended the county charter so lawmakers can fire he county attorney at will and a resolution that allowed them to hire their own attorney without Law Department approval. Byrne dropped the lawsuit on Dec. 18, citing its projected cost. "That's where the money's being spent," said Legislator Paul Jonke (R-Southeast), on Monday. "That's where the money's being wasted." Sales tax extension The three legislators on the Audit Committee on Monday weighed Byrne's request to ask the state for authorization to renew a 1 percent sales tax increase that will otherwise expire on Nov. 30. Putnam residents pay 8.375 percent on purchases - 4 percent in state tax, 4 percent to the county and 0.375 percent to the Metropolitan Commuter Transportation District. The Putnam tax has been 4 percent since 2007, when the state renewed a previous 0.5 percent increase and allowed the county to raise the rate by another 0.5 percent. A series of extensions, most recently in 2023, have kept the rate at 4 percent. Legislator Dan Birmingham (R-Mahopac), who chaired the Legislature in 2007, said sales tax and other revenue were "tanking" at the time while expenses rose. Today, he noted, the county has $134 million in savings, including $78 million that has not been budgeted. Birmingham, who left the Legislature in 2012 but returned this month after winning a seat in November, suggested the Legislature ask the state for a 0.5 percent increase, which would lower the tax to 3.5 percent, to "return some of that fund balance directly back to the taxpayers." In a memo addressed to legislators, Lewis advocated for 1 percent, which equates to about $22 million annually, or 25 percent of the $88 million collected in 2024. Those revenues allowed the Legislature to exempt sales tax on clothing and footwear under $110 and reduce its property tax levy and cut tax rates, he said. "All these accomplishments would be jeopardized if Putnam County failed to extend its existing rate," Lewis said.

This week we examine a sentence reassessment while diving into the ever-evolving landscape of sentence reassessment at the appellate level. We also take the time to develop some practical lessons from this brief opinion. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

This week we examine the differences between custodial and non-custodial interrogations, and the interplay between a servicemember's rights under Article 31(b) and Miranda. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

This week we discuss CAAF's latest opinion concerning the role the providence inquiry fits into a mixed plea. Also, we discuss CAAF's holding concerning whether defense counsel are ineffective when they fail to object to improper use of the providence inquiry. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

GenAI technology provides groundbreaking opportunities for corporate law departments to innovate the legal service delivery model, take the wheel on legal costs, and strategically implement use cases which can drive these opportunities for their companies. Join us in this podcast panel interview to learn how in-house teams are using these tools to steer their organizations towards meaningful change in legal service delivery. Our panel will also discuss the environment in which we are making decisions, how to strategically insert GenAI in technology roadmaps, expectations on what tools can do, and how new technologies are changing the law firm/law department relationship. Additionally, we will explore how legal industry regulators are starting to govern AI use.    Moderator: @Reid Cram - Product Marketing Manager, NetDocuments   Speakers: @Brad Blickstein - Principal, Blickstein Group, Inc. @Thomas Daemen - Associate General Counsel, Microsoft Corporation @Ed Sohn - Global Head of Insights and Innovation, Factor Recorded 11-6-2024

This week we examine the importance of the Statement of Trial Results and the Court of Criminal Appeals' ability to change a collateral consequence. Specifically, we examine this issue in the context of domestic violence and Lautenberg qualification. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

This week we once again examine the caselaw surrounding a victim's ability to file a writ during the course of a court-martial. This case also dives deeper into the interplay between M.R.E. 513 and R.C.M. 701 and 703. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

This week we dive into CAAF's latest opinion on Article 120. Specifically, we examine the role “without consent” and “substantial incapacitation” play in the UCMJ's statutory scheme. This is an important episode for all military justice practitioners as they embark on charging and defending sexual assault charges. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

This week we examine CAAFs latest take on Article 134 and Article 117a. Specifically, we dive into the area of preemption and how practitioners can ensure that they are treading carefully when crafting novel 134 offenses. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

This week we examine a unique CAAF case examining the correct appellate standard for sentence appropriateness. Swisher examines what a closely related case is for purposes of this sentence appropriateness standard. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

This week we examine CAAF's latest decision concerning implied bias and challenging a panel member for cause. Specifically, we discuss how a judge's determination for implied bias is reviewed, what role the liberal grant mandate plays in the decision, and what practitioners can do to better shape/argue these challenges. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

For this episode, we examine one of CAAF's recent decisions interpreting Article 134. Specifically they analyze the concept of fair notice for a charge of indecent conduct. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

After our two special episodes, we once again discuss one of CAAF's latest opinions – United States v. Metz. In this episode we discuss when someone becomes a suspect for Article 31 purposes, and when evidence must be suppressed after a suspect is illegally apprehended (in the context of ineffective assistance of counsel). Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). 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).

After hearing from Judge Hardy last week, this week we get the trial judge's perspective on the practice of military justice. We are joined by COL Trevor Barna and COL(R) James Pohl. They speak about the practice of military justice from their time on the bench. 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).

In this special episode we are joined by the Honorable Liam Hardy, a current Judge on the Court of Appeals for the Armed Forces. He shares valuable insight on the practice of military justice – including helpful tips for practitioners at all levels. 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).

This episode examines two cases with very similar lessons for practitioners. Specifically, we examine the judicial disqualification rule under Rule for Court-Martial 902, and the caselaw surrounding prejudice. The CAAF highlights for practitioners yet again how important it is for practitioners to build a record. 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).

New York City Mayor Eric Adams says the Law Department is reviewing allegations of sexual assault in Rikers Islands Jails, even though the department is responsible for defending the city when it faces lawsuits. Plus, WNYC's Liam Quigley reports there may be some obstacles in the mayor's fight for a “trash revolution.” Also, WNYC's Karen Yi spent time with some families deciding whether they should leave New York City as they struggle to find affordable child care and housing. And finally, Ms. Lauryn Hill and the Fugees cancel most of their tour dates, including a show in their home state, New Jersey.

This episode of the EY Tax and Law in Focus podcast, hosted by Susannah Streeter, explores the transformative impact of generative AI (Gen AI) on the legal sector. Our panel includes Jeff Soar, EY Global Law Leader; Saskia Vermeer-de Jongh, Partner in HVG Law and AI and Digital Law Leader; and Heather Deane, former EY Americas Law Managing Director, now Director at The Clean Fight, an accelerator for climate tech start-ups. The discussion highlights the strategic implications for legal departments and broader business operations as the use of GenAI grows. Key topics include the various roles legal departments will play in GenAI governance and adoption, from advising businesses on compliance with rapidly changing laws and regulations to using GenAI tools to enhance efficiency and free up time for higher-value tasks. The panelists stress the importance of proactive risk management and the establishing of robust GenAI governance frameworks to ensure ethical and legal compliance. The episode delves into the differing regulatory approaches, with the EU focusing on human rights and product safety, the UK leveraging existing legislation with a principle-based approach and the US emphasizing corporate responsibility and self-regulation. Additionally, the conversation addresses the disillusionment some feel about GenAI and the necessity for a cultural shift within legal departments to embrace what it has to offer, along with the importance of ongoing training and support from data scientists and engineers for legal teams.  Understand how GenAI can revolutionize legal departments by automating routine tasks, enhancing efficiency and improving compliance and risk management. Learn the strategic role of legal departments in GenAI governance, emphasizing proactive risk management, ethical considerations and regulatory compliance. Appreciate the need for a cultural shift within legal teams, highlighting the importance of ongoing training and collaboration with business teams to leverage GenAI's full potential. Gain insights into the differing global regulatory approaches to GenAI and the practical steps for implementing it in legal practices, including developing clear governance frameworks and integrating data-driven strategies. EY refers to the global organization, and may refer to one or more of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. The views of third parties set out in this publication are not necessarily the views of the global EY organization or its member firms. Moreover, they should be seen in the context of the time they were made.

In this episode we examine the role the providence inquiry plays in a guilty plea. The CAAF's decision in Cole highlights the detail required from all practitioners to ensure guilty please survive appellate review. 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).

In this episode we examine Military Rule of Evidence 404(b). The CAAF's opinion in U.S. v. Wilson provides excellent guidance for practitioners attempting to understand and utilize this rule in their trials. 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).

Haroun Rahimi is an affiliate associate professor at UW School of Law. Concurrently, Rahimi is an Associate Professor of Law and the chair of the Law Department at the American University of Afghanistan. Rahimi is also a Global Academy Scholar at the Middle East Studies Association (MESA) and a Research Fellow at The Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI). Rahimi's research focuses on economic laws, institutional reform, Islamic finance, Islamic law, and ethics.

In this episode of CAAF Chats, we examine CAAF's latest opinion concerning their jurisdiction to hear appeals brought by crime victims. Specifically, this case clarifies who has standing to appeal a ruling by a military judge. 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).

In this special episode of The Corporate Counsel Show, produced in partnership with LawVu, we explore new and better ways of working for law departments of all stripes and detail practical steps to ensure the legal team is a driving force – particularly at a time of inflection for such professionals. Host Jerome Doraisamy welcomes back LawVu chief legal evangelist Shaun Plant to discuss his new book, How to make in-house a powerhouse: A revolutionary way of working for in-house legal teams, and why he wanted to write it, the longstanding challenges facing law departments across the board, the history of the general counsel, and whether we are at an inflection point for the law department's relevance. Plant also details the external factors changing the working environment for in-house lawyers, his proposed framework for law departments to become more of a driving force within a business, how to address the daily operational and practical challenges for those teams, the questions that departments need to be asking of themselves to get the most value out of new approaches, and why law departments have no option but to adapt moving forward. To learn more about LawVu, click here. To learn more about Shaun Plant's book, click here. If you like this episode, show your support by  rating us or leaving a review on Apple Podcasts (The Lawyers Weekly Show) and by following Lawyers Weekly on social media: Facebook, Twitter and LinkedIn. If you have any questions about what you heard today, any topics of interest you have in mind, or if you'd like to lend your voice to the show, email editor@lawyersweekly.com.au for more insights!

In this episode, we discuss CAAF's decision in United States v. Palik. This case discusses the standard for ineffective assistance of counsel and Rule for Courts-Martial 914 - providing analysis for when to file this type of motion. 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).

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).

This is your 4 P.M. All Local update on April 23, 2024. 

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).

Lecture summary: From European colonialism to the ‘post’colonial constellation, modern international law has developed in parallel with the changing legal forms of industrialised countries’ access to the natural resources of the global South. Following this development, we can see how imperial environmentalism was translated to the transnational law of natural resources. The historic perspective also highlights that the specific ambivalence of colonial and postcolonial environmental protection (exploitation vs. protection) is an ambivalence built into international law itself. In accordance with its colonial origins, international law has institutionalised a specific path to economic growth and development that presupposes and stabilises a world order supported by the industrialised countries of the North. At the same time, with the principle of equal sovereignty and self-determination, it recognises difference from the dominant economic and industrial culture as a political principle. Analysing international law’s approach to natural resources also directs our attention to changing ideas of nature and to the heart of international law's anthropocentrism, questioning its efficacy in tackling the ecological crisis. What we see here is an extractivist rationality that is intrinsically linked to the commodification of natural resources and green economy approaches in international environmental law. Last not least, a natural resource perspective highlights the fact that the legal concepts devised to determine how we share the world’s resources entail distributive processes among humans themselves. Sigrid Boysen is Professor of International Law at Helmut Schmidt University in Hamburg and a Judge at the Hamburg State Constitutional Court. She serves as editor-in-chief of the international law review ‘Archiv des Völkerrechts’, has held positions as Visiting Research Fellow at Princeton University (2014), the Institute for Global Law & Policy at Harvard Law School (2021/22) and is currently Fernand Braudel Fellow at the Law Department of the European University Institute in Florence. Her research focuses on international law with a particular focus on the theory of international law, the law of natural resources, environmental justice, international environmental and economic law, and constitutional law. Recent publications include Die postkoloniale Konstellation. Natürliche Ressourcen und das Völkerrecht der Moderne, Mohr Siebeck 2021; ‘Postcolonial Global Constitutionalism’, in: Lang and Wiener (eds.), Handbook on Global Constitutionalism, 2nd ed. 2023, 166-184.

Lecture summary: From European colonialism to the ‘post'colonial constellation, modern international law has developed in parallel with the changing legal forms of industrialised countries' access to the natural resources of the global South. Following this development, we can see how imperial environmentalism was translated to the transnational law of natural resources. The historic perspective also highlights that the specific ambivalence of colonial and postcolonial environmental protection (exploitation vs. protection) is an ambivalence built into international law itself. In accordance with its colonial origins, international law has institutionalised a specific path to economic growth and development that presupposes and stabilises a world order supported by the industrialised countries of the North. At the same time, with the principle of equal sovereignty and self-determination, it recognises difference from the dominant economic and industrial culture as a political principle.Analysing international law's approach to natural resources also directs our attention to changing ideas of nature and to the heart of international law's anthropocentrism, questioning its efficacy in tackling the ecological crisis. What we see here is an extractivist rationality that is intrinsically linked to the commodification of natural resources and green economy approaches in international environmental law. Last not least, a natural resource perspective highlights the fact that the legal concepts devised to determine how we share the world's resources entail distributive processes among humans themselves.Sigrid Boysen is Professor of International Law at Helmut Schmidt University in Hamburg and a Judge at the Hamburg State Constitutional Court. She serves as editor-in-chief of the international law review ‘Archiv des Völkerrechts', has held positions as Visiting Research Fellow at Princeton University (2014), the Institute for Global Law & Policy at Harvard Law School (2021/22) and is currently Fernand Braudel Fellow at the Law Department of the European University Institute in Florence. Her research focuses on international law with a particular focus on the theory of international law, the law of natural resources, environmental justice, international environmental and economic law, and constitutional law. Recent publications include Die postkoloniale Konstellation. Natürliche Ressourcen und das Völkerrecht der Moderne, Mohr Siebeck 2021; ‘Postcolonial Global Constitutionalism', in: Lang and Wiener (eds.), Handbook on Global Constitutionalism, 2nd ed. 2023, 166-184.

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).

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).

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 (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

FIDF Chief Executive Officer Steve Weil is joined by Major (Res.) Ben Wahlhaus from the IDF International Law Department who talks about his familiarity and expertise with International Law, the events and consequences of October 7 from his seat, the harm Hamas has caused to its civilians, Israel's overdelivering of humanitarian aid in Gaza. Major (Res.) Ben Wahlhaus shows us examples of Hamas militants hiding weapons, using schools and UN facilities for military purposes, placing explosives in and adjacent to hospitals. He shows the breakdown of the IDF's evacuation map for the civilian population in Gaza, how the IDF informs Gaza civilians of tactical pauses, maps of the humanitarian zones, and the destruction caused by Hamas at the Erez Crossing forcing its closure. Major (Res.) Ben Wahlhaus answers questions about being tried at The Hague, his role pertaining to the law of Judea and Samaria, and his relationship with law departments from other nations. Later, FIDF National Director Major General (Res.) Nadav Padan provides a briefing on defending Israel's democracy, an update of threats from Lebanon, the challenges presented by Rafah, all that will go into the continued mission of eliminating Hamas, and answers questions about what is going on in western Khan Yunis, the success of the IDF's maneuvers in Gaza based on how complicated the area is, and praising the young generation of soldiers in the IDF. Donate NOW to FIDF for the fastest and most direct way to give IDF soldiers what they need most. 100% of emergency funds are going to meet soldiers' urgent humanitarian needs: FIDF.org (Recorded 2/14/2024)

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 Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

The Judicial Conference Advisory Committee on Civil Rules has recently released proposed changes to the Federal Rules of Civil Procedure. What do attorneys need to know? Robert Levy, Jeffrey McKenna, Wendy Butler Curtis, and Chris Hurlebaus share insights from their panel discussion about the proposed changes' impacts on legal professionals, including issues of privacy, cybersecurity, case management, filing deadlines, and more.  Links: Lawyers for Civil Justice Proposed Amendments to the Federal Rules of Civil Procedure Robert Levy is an attorney in the Law Department of Exxon Mobil Corporation. Jeffrey McKenna is a Senior Privacy and eDiscovery Attorney in Orrick's Chambers-recognized eDiscovery & Information Governance practice based in San Francisco.  Wendy Butler Curtis is Chief Innovation Officer at Orrick, Herrington & Sutcliffe LLP. Chris Hurlebaus a Principal Technologist at Microsoft.

The Judicial Conference Advisory Committee on Civil Rules has recently released proposed changes to the Federal Rules of Civil Procedure. What do attorneys need to know? Robert Levy, Jeffrey McKenna, Wendy Butler Curtis, and Chris Hurlebaus share insights from their panel discussion about the proposed changes' impacts on legal professionals, including issues of privacy, cybersecurity, case management, filing deadlines, and more.  Links: Lawyers for Civil Justice Proposed Amendments to the Federal Rules of Civil Procedure Robert Levy is an attorney in the Law Department of Exxon Mobil Corporation. Jeffrey McKenna is a Senior Privacy and eDiscovery Attorney in Orrick's Chambers-recognized eDiscovery & Information Governance practice based in San Francisco.  Wendy Butler Curtis is Chief Innovation Officer at Orrick, Herrington & Sutcliffe LLP. Chris Hurlebaus a Principal Technologist at Microsoft.

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 said “race is an impermissible criterion for selection of jurors.” This case is very important for judge advocates to understand as they advise their commanders on selecting court martial members (jurors). 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 (tjaglcs_crimlaw)

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 (tjaglcs_crimlaw)

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 the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

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 Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

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 can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

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 Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this case, CAAF considers whether courts-martial defendants have a right to a unanimous guilty verdict under the Sixth Amendment, the Fifth Amendment Due Process Clause, or the Fifth Amendment component of equal protection. 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 (tjaglcs_crimlaw)

This case clarifies what “viewing” means for purposes of Article 120c, Indecent Viewing. Specifically, CAAF considers whether “viewing” includes viewing a simultaneously created visual image of the private area of another person. 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 (tjaglcs_crimlaw)

CAAF explores the appellant's claims that he suffered cruel and unusual punishment under Article 55, UCMJ and the 8th Amendment during a period of post-trial confinement in a civilian jail. 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 (tjaglcs_crimlaw)

Laurie David-Henric joined her currently role for a Fortune 500 in June 2022. Laurie serves as the Head of Operations & Strategy for the Law, Compliance, Audit and Government Relations (LCAG) function, consisting of over 1,300 professionals across North America, Asia and Europe. In this role, Laurie leads the execution of LCAG's global strategy and has responsibility for LCAG's operations globally, including the prioritization and implementation of the group's technology roadmap, the optimization of the Law Department operating model, and oversight of strategic cost management, financial planning, monitoring and reporting. Laurie reports to the company's global General Counsel and is part of his Leadership Team. Laurie has substantial expertise in strategic planning and management for complex global operations and projects. She has served in senior roles at The Citco Group of Companies (Citco), most recently as Head of Business Process Optimization, where she led continuous improvement of internal business processes to enhance efficiency, quality, and controls while mitigating risks and increasing revenue and competitiveness. At Citco, Laurie also earlier served as International Project and Program Lead, as the Country Head and Operations Lead in France, and as an international corporate and business lawyer, both in-house and in law firm. Laurie holds a Master's Degree in International Commercial Law from the Centre du Droit de l'Entreprise in France, and a Master's Degree in International and European Law jointly from the Business School and Law School of Aarhus in Denmark and the Law School of Avignon in France. All in all, Laurie has worked on 2 continents, lead teams across 4, collaborated with colleagues in 25+ jurisdictions around the globe, and worked with almost as many regulators. So you are this seasoned professional with a successful double-digit career, and you decided to go for this new exciting challenge. First day on the job and it's much, much bigger than you were expecting, All of a sudden you got overwhelmed with the question "OMG where do I start??". Sounds familiar? Well, natural reaction is to want to deliver something ASAP to prove to your boss they have made the right decision by selecting you, isn't it? There is no better recipe to deliver something not aligned with the needs of the business, but rather with your need of feeling reassured. And when the first one will happen, the second will not. You will likely end up with raised eyebrows from your boss, and merely a ‘hmm hmm' in lieu of approbation. In this discussion, Laurie David-Henric will share her personal experience of how in 100 days she successfully positioned herself and her function as a strategic partner to her boss and other key leaders without formerly delivering anything for 3 months.