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In this episode, we review the sufficiency of evidence to sustain a conviction of wrongful use of a controlled substance under Article 112a, UCMJ. Specifically, we address the standard required to trigger the permissive inference to prove the wrongfulness element and the relevance of expert testimony where the government does not admit the underlying lab results. We further discuss the CAAF's clarification of the standard of review for the most recent version of factual sufficiency review under Article 66, 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/.
In this episode, we sit down with George Brauchler, the 53rd Kenneth J. Hodson Lecturer in Criminal Law at The Judge Advocate General's Legal Center and School. Mr. Brauchler is the elected District Attorney for Colorado's 23rd Judicial District and a recently retired Colonel in the Colorado National Guard and the Colorado Army National Guard's first Military Judge. During our discussion, Mr. Brauchler offers insights and lessons learned from his career prosecuting some of the most complex and high-profile cases in civilian and military courtrooms. 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/
In this episode, we review the authority of Courts of Criminal Appeals to grant appropriate relief for errors after entry of judgment. We discuss whether a CCA can provide backpay as a lawful remedy for illegal post-trial confinement. We cover appellate discovery standards and highlight important diligence requirements for government 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/.
In this episode, we discuss discovery obligations in the context of an innocent ingestion defense to an allegation of wrongful use of a controlled substance under Article 112a, UCMJ. We review the standard under Brady v. Maryland and offer practical takeaways for trial and defense 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/.
In this episode, we address victim impact statements under R.C.M. 1001(c). Specifically we discuss the inclusion of uncharged misconduct by the accused in the unsworn statement and whether it constitutes victim impact. We offer takeaways for how trial and defense counsel can apply this rule in practice. 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/.
Welcome to the premier of Season 12! K. Lesli Ligorner is a partner with Morgan Lewis and shares what it takes to build a successful legal career spanning two decades across China and Japan. We hear how Lesli has mastered the art of finding flexibility within rigid statutory frameworks while leading diverse teams across cultures. If you are wondering how you will lead a team in Japan in the future, this is the episode for you.If you enjoyed this episode and it inspired you in some way, we'd love to hear about it and know your biggest takeaway. Head over to Apple Podcasts to leave a review and we'd love it if you would leave us a message here!In this episode you'll hear:The high school homestay in Japan that sparked a lifelong love for Asia How blind spots others created in their minds became Lesli's competitive advantageThe nuanced dance of giving instructions across China and Japan teamsHer favourite podcast, book and other fun facts About K. Lesli LigornerLesli Ligorner is a partner with Morgan Lewis and is based in Tokyo, but splits her time between Japan and China. She relocated to Tokyo 2 years ago after spending 18 years on the ground in Beijing and Shanghai. She first came to Japan in high school and lived with host families. She then returned for her junior year of university to study at Kansai Gaidai and graduated from McGill University in Montreal, Quebec with a major in East Asian Studies. Lesli went on to work at Japanese banks in New York City before heading to law school at American University, Washington College of Law. She then worked 3 years as a litigator for the Law Department of the City of New York and then moved to private practice. In fall 2005 the opportunity came up to move to China with her law firm at the time, and her husband raised her hand for her. Six months later they were on a plane to Shanghai and never looked back.Lesli has developed a practice representing western companies in Asia in some of their most sensitive employment matters and investigations and Asian companies with employment and compliance issues in the US and Europe.Connect with Lesli LinkedIn: https://www.linkedin.com/in/k-lesli-ligorner-asia-employment-investigations/ LinksMarzac 7: https://www.marzac7-nakameguro.com/ 1dL: https://ordinary-inc.com/1dl/ The Loudest Duck by Laura Liswood https://amzn.asia/d/0dSpo08S How to Fail with Elizabeth Day: https://podcasts.apple.com/gb/podcast/how-to-fail-with-elizabeth-day/id1407451189 Connect with Catherine LinkedIn https://www.linkedin.com/in/oconnellcatherine/Instagram: https://www.instagram.com/lawyeronair
In this episode, we examine for cause challenges to panel members, specifically an implied bias challenge based on comments regarding an accused that retains civilian defense counsel. We discuss the liberal grant mandate and provide takeaways for practitioners during voir dire to assess issues of bias and potentially rehabilitate ambiguous responses. 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/.
In this episode, we review the interpretation of possession, custody, or control under R.C.M. 701, where defense counsel requests access to the data within the seized phone of the accused that the government is unable to unlock. We clarify the intersection between discovery rules and the Fourth Amendment, discuss the distinction between seizure of an electronic device and the data contained within, and provide takeaways for the field. 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/.
In this episode, we discuss the scope of sentence appropriateness and whether Courts of Criminal Appeals may consider the terms of a plea agreement in their review. We offer practical considerations for trial practitioners in drafting plea agreements in light of the CAAF's 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/.
Welcome to RIMScast. Your host is Justin Smulison, Business Content Manager at RIMS, the Risk and Insurance Management Society. In this episode, Justin interviews Anderson Kill Shareholder Joshua Gold on the May 5th RISKWORLD session that Joshua is co-presenting with RIMS Past President Lance Ewing, "Do Not Let Your Cargo Claim Go Down with the Ship: Tips to Improve Marine Insurance Protection." Joshua shares knowledge on two of his areas of practice, cyber and maritime insurance. Joshua offers some insight into these newest and oldest of practice areas, and how they have begun to intersect. Maritime insurance carries special language and rules, and Joshua and Lance will cover those and answer attendee questions in their session. Justin and Joshua discuss current maritime threats in the Middle East that will likely be discussed in the session. Justin and Joshua comment on Law Day, an annual commemoration of law on May 1st. Listen for a greater understanding of maritime shipping insurance and the importance of promptly filing claims. Key Takeaways: [:01] About RIMS and RIMScast. [:14] Public registration is open for RISKWORLD 2026, which will be held from May 3rd through 6th in Philadelphia. Visit RIMS.org/RISKWORLD to register. [:27] About this episode of RIMScast. We will be joined by RIMS Risk Management Magazine contributor Joshua Gold, Shareholder at Anderson Kill. He's making his RIMScast debut to discuss Marine and Cargo Risk. This is timely. But first… [:59] RIMS Virtual Workshops. The next RIMS-CRMP Exam Prep Course will be on April 21st and 22nd, and then again on June 9th and 10th. Registration links are in this episode's notes. [1:13] On April 15th, we have a virtual workshop covering "Emerging Risks", led by Joseph Mayo. Register today and strengthen your risk knowledge. RIMS members always enjoy deep discounts on the virtual workshops. [1:30] Webinars. On April 16th, Zurich and World Travel Protection will present "Navigating the New Global Risk Landscape: Lessons for Business Travelers in Unstable Times". Register for webinars at RIMS.org/webinars and through the links in this episode's show notes. [1:48] Folks, for more RIMS content, head over to YouTube and subscribe to @RIMSOfficialChannel. There you will find video podcasts, RIMScast Canada video podcasts, and other informative and entertaining content from RIMS. [2:03] Head over to RMMagazine.com for the Q1 Edition of the Azbee-Award-winning magazine, RIMS Risk Management Magazine. [2:15] On with the Show! Our guest today is a shareholder at the law firm Anderson Kill. You've seen his byline in RIMS Risk Management Magazine, and you've seen him on RIMS stages regionally, nationally, and globally. [2:30] Joshua Gold is here to discuss marine and cargo risks generally, and how he will be co-presenting a session at RISKWORLD on May 5th, called "Do Not Let Your Cargo Claim Go Down with the Ship: Tips to Improve Marine Insurance Protection." [2:50] He will present that alongside RIMS Past President Lance Ewing. We expect that session to be highly attended. Joshua is here to give you a preview of that session, talk about how cyber can intersect with marine and cargo risk, and offer some practical risk management takeaways. [3:11] Law Day is coming up in the U.S. on May 1st. Joshua has been practicing law for three decades. We'll find out what Law Day means to him in 2026. Let's get to it! [3:24] Interview! Anderson Kill Shareholder Joshua Gold, welcome to RIMScast! [3:51] Joshua says RIMS is an amazing system for sharing information and education. Joshua couldn't be prouder to be speaking at RISKWORLD 2026. [4:13] Joshua has written for RIMS on topics from cyber to marine insurance. Joshua thinks that cyber risk management is fascinating because cyber is new for many policyholders, in terms of implications, perils, how insurance will respond, and what the products are. [5:15] It's fascinating to see the intersection of technology, insurance, and law. It all comes together in cyber. These perils may be getting more perilous over the next few years before we may start turning the corner. [6:00] Joshua's session on May 5th at RISKWORLD is called "Do Not Let Your Cargo Claim Go Down with the Ship: Tips to Improve Marine Insurance Protection." Joshua will present with former RIMS President Lance Ewing. [6:17] Joshua says he is in both the newest thing in insurance and law, cyber, and the oldest thing in insurance and law, marine. Most of his day-to-day focus is on either end of the spectrum. [7:16] As much as Joahua loves cyber, he is intrigued with maritime insurance and maritime law. It's esoteric and old. It has special rules. If you don't deal with this type of insurance and law regularly, it can be challenging. [7:46] The insurance companies are typically very well-versed in the insurance rules and doctrines. Most policyholders are much less so. There's an information imbalance. [8:00] Joshua always looks forward to educating risk managers about this area. It's so detailed and different. Some might say it's antiquated. It's a challenging area, and we couldn't have a better example of that than with recent current events and hostilities in the Middle East. [8:42] Joshua says, as dangerous and harrowing as the situation exists in certain shipping lines and energy channels, we've seen examples of disruptions in recent times with drought conditions affecting the Panama Canal and other shipping lanes. [9:02] Joshua recalls the Suez Canal freighter mishap. The Suez Canal was shut down while an international engineering effort was launched to free the freighter and free up shipping lanes. [9:29] The current shipping disruption caused by an escalating war will present real challenges for both shippers and energy markets. We're watching that in real time. [9:54] Joshua and Lance don't want a current events discussion. They want to educate policyholders on principles that apply, whether they're dealing with a Suez Canal situation, an Iranian conflict, modern-day pirates in open water, or thieves breaking into your warehouse. [10:37] Joshua and Lance will emphasize certain relevant points like detours, delays in shipping, downstream risk, risk to certain types of cargo, cancellations for war risk coverage, and other marine insurance products. [11:06] There can be a real aftermath, and we're not sure where we are, as of this recording. We'll know more in May at RISKWORLD in Philadelphia. Now, we can only brace for the worst. [11:32] Joshua and Lance are looking to educate policyholders on all of these issues, including ones that will be front-burner, given the hostilities now. [11:52] Joshua says marine insurance policy language is cloaked in words of antiquity. Sometimes you'll see a marine policy that looks like a standard property all-risk policy, and sometimes you'll see one that contains 17th-century nautical and piracy terms. [12:32] It's important to make sure that you understand the rights, protections, obligations, and contingencies under insurance. [12:48] Most marine insurance policies will have a one-year provision the insurance company will argue says that if there's a fight over the claim payment, the amount, or the timing of the payment, that has to be brought in a lawsuit commenced within 12 months of the loss event. [13:14] For people who have never had to go through a complicated claim, a year may sound like plenty of time. But these claims can take months or even years for resolution. Sometimes they don't get resolved without some coverage litigation or alternative dispute mechanism. [13:43] Most policyholders are not accustomed to seeing a one-year contractual statute of limitations to bring a fight. You don't want to be in a position where the insurance company will argue you may have forfeited your coverage rights if you didn't act in time. [14:11] Policyholders may not ever get into that realm, because they've never had that problem, but it's a point of being educated and knowing the lay of the land for policyholders in this arena, insuring goods over open water, in warehouses, on docks, or on a truck. [14:58] A Quick Break! RISKWORLD 2026 will be held from May 3rd through the 6th in Philadelphia, Pennsylvania. RISKWORLD attracts more than 10,000 risk professionals from across the globe. It's time to Connect, Cultivate, and Collaborate with them. [15:18] Booth sales are open now. General registration and speaker registration are also open right now. Marketplace and hospitality badges are now available. Links are in this episode's show notes, and be sure to check out RIMS.org for more information. [15:36] Our guest today, Joshua Gold, will be one of the session speakers at RISKWORLD. We are excited for him and also for our just-announced closing keynote, NFL Hall of Famer, Super Bowl Champion, Emmy-winning broadcaster, and entrepreneur, Michael Strahan. [15:55] Michael Strahan will be on the main stage on May 6th. Justin is super stoked! If you're still on the fence, this is a fine time to smash that Register button and hear from one of the all-time greats. [16:07] The RIMS Western Regional Conference will be held from October 4th through the 7th in Seattle, Washington. Registration is open, and you can also submit a session. Visit RIMSWesternRegional.com and the link in this episode's show notes for more information. [16:28] Let's Return to Our Interview with Joshua Gold of Anderson Kill! [16:44] Joshua says don't get fooled by the title of your insurance policy. The devil is in the details. You may have Ocean Marine Cargo Coverage, but you may get endorsements, like a warehouse-to-warehouse endorsement. [17:15] You may be buying a product called Stock Throughput. You're looking for coverages that may apply not just for cargo on a ship, but also for cargo that may be at rest, stored in a warehouse where it's being loaded from the ship onto the dockside. [17:48] There are many areas where you have to be aware of things developing in the marketplace and the fact that your insurance may now carry on well beyond the vessel's hull. [18:05] There's another area of marine liability coverage which may be implicated, given the hostilities in the Straits of Hormuz and perhaps elsewhere, and the escalating nature of the conflict in the Middle East, so we will have to see how that plays out. [18:31] Joshua always recommends that policyholders work with experienced insurance brokers. [18:39] Joshua says it is a privilege to give this discussion in May with Lance Ewing, a seasoned risk manager who has worked on the brokerage side and the insurance company side, as well as the risk manager policyholder side, so he has every perspective. [19:04] One of the things they will do at RISKWORLD is to make sure that not only do you hear from a coverage lawyer, but also from a risk manager, like most of the audience, who can speak to risk managers about what is important to their risk management approaches. [19:34] They hope that that's going to be useful for audience members even if they're not in the same industry as Lance. Justin points out that one never knows where they might end up next. This is a great way to become more well-rounded. [20:08] When evaluating marine cargo policies, you always want to look at the warehouse-to-warehouse endorsement. Find a broker that's well-steeped in marine cargo coverage. They can often customize endorsements that are important to your business. [20:51] If you're transporting goods that are capable of being spoiled or have to be refrigerated, or have to be in the hull of the ship, protected from the elements, those issues can come up through endorsement, special policy provisions covering temperature-controlled goods. [21:22] Joshua mentions that electronics may require being flown as air cargo. You want a system with customized coverage wherever you can get it. The broker knows that Lloyd's Marine Group has an example of an endorsement that covers a certain type of peril or cargo. [22:06] You might have a provision in your policy as part of a base form, but you might want fraudulent bills of lading coverage. There is now a technology overlap with shipping, an intersection between cyber and marine. [22:54] Some countries are GPS spoofing to confuse ships, which can be fatal if a ship goes into rocks or a bank in bad weather. This has implications, as we are seeing insurance companies slap onto marine products some type of cyber exclusion. [23:37] You'll want to know that just because technology had a role in the loss, you're not forfeiting all of your coverage. Joshua says we're certainly seeing it with piracy claims and theft claims. We're seeing it on the roadways. Truckers are getting more and more targeted. [23:58] A truck leaves a warehouse with goods that have been shipped on an overseas voyage, and there's an argument potentially that you've got federal maritime law applying in admiralty. What are the implications for coverage even though it's now inland on a train or truck? [24:23] We're seeing more cargo theft in the realm of trucking, in addition to stuff missing at the dock and warehouses being broken into. It's a perilous situation for those dealing with cargo. [24:43] Another Quick Break! The Spencer Educational Foundation's Risk Manager on Campus application period will open on April 1st, 2026, and it will close on June 30th. Grant awardees, colleges, and universities are typically notified in September. [25:04] The Course Development Grant application deadline for Interval Number 2 will be on June 15th, 2026. Award notifications will be sent out in late July. [25:19] General Grant applications will open on May 1st, 2026, and the application deadline is July 30th. Internship Grant applications open on August 15th and close on October 15th. [25:31] Links to each of these grants are in this episode's show notes. Visit SpencerEd.org for more information. [25:39] Let's Conclude Our Interview with Joshua Gold of Anderson Kill! [25:48] Josh Gold will be presenting a special session on May 5th at RISKWORLD, called "Do Not Let Your Cargo Claim Go Down with the Ship: Tips to Improve Marine Insurance Protection." He'll be co-presenting with RIMS Past President Lance Ewing. [26:13] Justin says if he were in the audience for that session, he would ask what the critical steps are that risk professionals should take immediately after a cargo loss to preserve their coverage rights. [26:39] Joshua says the first step always is to give prompt notice. It complicates matters if the insurance company can argue that the notice was untimely. The first thing is, get the notice in. You won't have all the information. Notice is unlike wine; it doesn't get better with age. [27:17] Give that prompt notice first. Then support your claim. As quickly as you can, gather photographs, video evidence, and documentary evidence, and give as much as you possibly can to the insurance company. Let that claims process unfold promptly. [27:43] You don't want the insurance company delaying payment because they say they didn't get the information they needed to process the claim. Try to give them that information. [27:59] Joshua says you can absolutely add more documentation. You can start by saying this is what we know now, and we reserve the right to supplement this information when we learn more about our loss. [29:03] There are surely deadlines built into your policies. Go through your policy and calendar dates for proof of loss, statement of loss, and getting certain claim information in. Put those benchmarks in the calendar and hit them as often as you can. [29:45] Joshua says with a cyber claim, there's no reason to hold back because you're incurring costs from the start with your forensic team and your breach coach. With cargo, Joshua says, I would give notice as quickly as you can, even if it's not as robust as anyone would like. [30:13] Get notice off as soon as possible. Enlist your broker's help as quickly as you can. If you have the information, get your insurance policy out, look at the notice provisions, and call your broker. Brokers are a great way to submit insurance claim information. [30:58] The broker should be helping guide you. You've already paid their commission. Enlist their help at the outset. [31:07] Justin asks if risk professionals need to tell executive leadership immediately. Joshua says there should be a dialogue. He appreciates the systematic and scientific risk management approach RIMS brings and the recognition that risk management is getting from the C-Suite. [31:48] Not every risk manager is at the C-Suite level, but they can communicate with the Treasurer, the CFO, or the Law Department, depending on the organization. Internal communications are important. [32:11] Include the Law Department in communications, to ensure that privilege is protected and conversations are not being exploited if there's a conflict over the coverage. Depending on the importance of the potential loss, the COO and the CEO may need to be involved. [32:53] Justin wants the RISKWORLD attendees to ask questions. Joshua and Lance have built time in during the session for questions. They love to take questions on the fly. They believe that if they spend half of the time in a dialogue with the audience, that is time very well spent. [33:50] Joshua has been practicing law for 31 years and has been with Anderson Kill in the New York office for almost 31 years, specializing in insurance coverage trade. [34:18] Justin notes that Law Day is an annual commemoration held on May 1st to celebrate the rule of law and cultivate a deeper understanding of the legal system. Joshua says we're always happy to get some kind of positive acknowledgment, accolades, recognition, and a special day. [35:20] This year's theme is "The Rule of Law and the American Dream." The idea that no person is above the law is what ensures the rights of the people to live their lives as freely as possible and to pursue their dreams. Joshua is a full supporter of that doctrine. [35:40] It has been such a pleasure to see you again. You are a regular contributor to RIMS Risk Management Magazine. We have links to some of your articles in this episode's show notes. We're going to see you on May 5th at RISKWORLD in Philadelphia. See links in the show notes. [36:03] Joshua's last words: Please show up on Cinco de Mayo, we're speaking on the afternoon of May 5th. We'd love to see you then in Philadelphia at RISKWORLD. Lance and I are looking forward to hearing your questions and talking about marine cargo and what's going on then. [36:26] Justin says, You've always been very supportive of me and of RIMS. I remember very clearly that somebody dropped out of a cyber panel, and you and Bill Passannante stepped right in for us, so I've always felt a strong connection to you and the professionals at Anderson Kill. [36:57] Special thanks again to Anderson Kill Shareholder Joshua Gold for joining us here on RIMScast. I have links to his contributions to RIMS Risk Management Magazine in this episode's show notes. [37:10] If you will be at RISKWORLD, remember to attend his session on May 5th at 3:30 p.m. on the Global Stage. It is called "Do Not Let Your Cargo Claim Go Down with the Ship: Tips to Improve Marine Insurance Protection." [37:24] It will be co-presented with RIMS Past President Lance Ewing. Register at RIMS.org/RISKWORLD today! [37:32] Plug Time! You can sponsor a RIMScast episode for this, our weekly show, or a dedicated episode. Links to sponsored episodes are in the show notes. [38:00] RIMScast has a global audience of risk and insurance professionals, legal professionals, students, business leaders, C-Suite executives, and more. Let's collaborate and help you reach them! Contact pd@rims.org for more information. [38:18] Become a RIMS member and get access to the tools, thought leadership, and network you need to succeed. Visit RIMS.org/membership or email membershipdept@RIMS.org for more information. [38:36] Risk Knowledge is the RIMS searchable content library that provides relevant information for today's risk professionals. Materials include RIMS executive reports, survey findings, contributed articles, industry research, benchmarking data, and more. [38:52] For the best reporting on the profession of risk management, read Risk Management Magazine at RMMagazine.com. It is written and published by the best minds in risk management. [39:07] Justin Smulison is the Business Content Manager at RIMS. Please remember to subscribe to RIMScast on your favorite podcasting app. You can email us at Content@RIMS.org. [39:19] Practice good risk management, stay safe, and thank you again for your continuous support! Links: RISKWORLD 2026 Registration — Open for exhibitors, members, and non-members! Reserve your booth at RISKWORLD 2026! More from Joshua Gold in RIMS Risk Management Magazine Spencer Educational Foundation — Scholarships and Grants | Open Calls and Timelines. RIMS-CRO Certificate Program In Advanced Enterprise Risk Management | April‒June 2026 Cohort | Led by James Lam RIMS Western Regional Conference — Oct. 4‒7, 2026 | Seattle, WA | Register Today and Submit an Educational Session! RIMS Risk Management Magazine | Contribute RIMS Now RIMS-Certified Risk Management Professional (RIMS-CRMP) | Insights Video Series Featuring Joe Milan! The Strategic and Enterprise Risk Center RIMS Diversity Equity Inclusion Council RIMS-CRMP Story, featuring John Button RIMScast Canada — Episodes Now Live RISK PAC | RIMS Advocacy Upcoming RIMS-CRMP Prep Virtual Workshops: RIMS-CRMP Exam PrepApril 21‒22, 2026 | June 9‒10 Full RIMS-CRMP Prep Course Schedule See the full calendar of RIMS Virtual Workshops Claims Management | April 7‒8 "Emerging Risks" | April 15 | Register Now! Upcoming RIMS Webinars: "Navigating the New Global Risk Landscape: Lessons for Business Travelers in Unstable Times" | April 16 | Presented by Zurich and World Travel Protection RIMS.org/Webinars Related RIMScast Episodes: "RIMS 2022 Goodell Award Winner Lance Ewing" "World Water Day and the Circular Water Economy with Ralph Exton of WEF" "Supply Chain Integrity and Sustainability with Nicole Sherwin of EcoVadis" "Navigating Shipping Risks in 2022 with Capt. Rahul Khanna" Sponsored RIMScast Episodes: "Secondary Perils, Major Risks: The New Face of Weather-Related Challenges" | Sponsored by AXA XL (New!) 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RIMS Virtual Workshops On-Demand Webinars RIMS-Certified Risk Management Professional (RIMS-CRMP) RISK PAC | RIMS Advocacy RIMS Strategic & Enterprise Risk Center RIMS-CRMP Stories — Featuring RIMS President Manny Padilla! RIMS Events, Education, and Services: RIMS Risk Maturity Model® Sponsor RIMScast: Contact sales@rims.org or pd@rims.org for more information. Want to Learn More? Keep up with the podcast on RIMS.org, and listen on Spotify and Apple Podcasts. Have a question or suggestion? Email: Content@rims.org. Join the Conversation! Follow @RIMSorg on Facebook, Twitter, and LinkedIn. About our guest: Joshua Gold, Anderson Kill Shareholder, Anderson Kill Production and engineering provided by Podfly.
In this episode we discuss the legal and factual sufficiency of evidence considered in Article 120(b)(2)(A) – sexual assault without consent cases in light of CAAF's recent Mendoza and Casillas opinions. We discuss at length the three legal principles established in Moore to resolve the certified question in all three cases – whether the Air Force Court of Criminal Appeals erred in applying United States v. Mendoza to find appellee's sexual assault conviction [legally] and factually insufficient. 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/.
In this episode, we address providency and the applicability of permissive inferences in guilty pleas. We also discuss practical considerations for counsel in making charging decisions, preparing clients for the guilty plea colloquy, and draft stipulations of fact. 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 to appeal case over ethics charges A state judge has ruled that a Putnam legislator accused of an ethics violation by the county attorney can choose her defense attorney instead of using one on the Law Department's list of vendors. Judge Victor Grossman, in a Jan. 22 ruling, sided with Toni Addonizio in the lawsuit she filed in June against County Attorney Compton Spain and Putnam County. Addonizio, who represents Kent in the Legislature, is defending herself against an ethics complaint filed by Spain regarding her son-in-law's attempted purchase of a county-owned property. Grossman found that because Spain filed the complaint, he is "in a patently adversarial posture" to the legislator and cannot "be permitted to designate counsel" for Addonizio's county-funded defense without her permission. He denied Addonizio's request that the county pay her lawsuit's legal costs. He also ordered two exhibits and a paragraph in a third sealed at the Law Department's request but denied its request to seal other documents. On the day of Grossman's ruling, Spain and the county notified the court that they would be appealing the judge's decision and his denial to seal some records. The appeal prolongs the fight over Addonizio's request for a county-funded attorney — 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 concluded that she was ineligible for legal assistance but, "after careful review," it selected one of the firms from its list of contractors — Roemer Wallens Gold & Mineaux — to represent her. The department also said that Addonizio could pay out-of-pocket for an attorney who is not on its 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 represented Addonizio in the lawsuit. Spain's 191-page complaint, filed with the Board of Ethics in June 2024 and 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 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. After Voutsinas filed a breach-of-contract claim, 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, legislators 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 then-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 the state Judiciary Law, which does not classify the charge as a misdemeanor. Because the penalty can...
Legislation allowed attorney for Democratic rep A power struggle between Putnam Executive Kevin Byrne and county legislators continued last week when he vetoed a measure granting both political parties in the Legislature the power to hire their own attorneys. Approved 6-0 on Dec. 31, with Legislators Erin Crowley, Bill Gouldman and Laura Russo absent, the charter amendment created the positions of counsel to the majority and counsel to the minority. Nancy Montgomery, who represents Philipstown and part of Putnam Valley, is the only Democrat on the panel. The amendment superseded language in the code that requires the county attorney to sign off on legal services for the Legislature, allowing the Republicans and Montgomery to hire counsel independent of the Law Department. Although he enacted a 2026 budget that included $96,000 for a majority counsel and $50,000 for a minority attorney, Byrne vetoed the charter change on Jan. 23, eight days after he presided over a public hearing in which Crowley and Russo were among those who denounced it. Byrne said that the Legislature had approved the change "with limited public discussion, limited transparency and noticeably without the participation of several legislators who were either absent or had not yet been sworn into office at the time of the vote." (Jake D'Angelo and Thomas Regan Jr. were seated Jan. 1.) At the public hearing, Montgomery pushed back on claims from Crowley and Russo that the approval had been rushed and that establishing a counsel for the minority party would be costly and partisan. She said the amendment was discussed at six public meetings and "aligned the county charter" with the 2026 budget, which was supported by Crowley and Russo. "There were many written messages about a lot of the resolutions we passed — many comments, many opinions of different line items in the final budget," said Montgomery. "Yet there was no mention, either positive or negative, with respect to the funding for legislative counsel." Byrne and the Legislature spent part of 2024 sparring over an attempt by legislators to give themselves the power to fire the county attorney, with Byrne at one point suing lawmakers. Putnam's charter allows the county executive to fire the county attorney, but only with approval by two-thirds of the Legislature. On the heels of that skirmish, the Law Department terminated the contract of Robert Firriolo, who had advised the Legislature for seven years and been approved for reappointment. Firriolo unsuccessfully sued the county, and the Legislature is now getting advice from an attorney in the Law Department. Jennifer Colamonico, chair of the Putnam Democratic Committee, said Byrne's veto represented a "politically and punitively motivated attack on minority rights," in reference to Montgomery. "Access to legal counsel — especially with respect to limiting the powers and abuses of the executive branch — is essential to the Legislature's ability to execute its chartered duties," she said. Byrne said he supported amending the charter to give legislators "a stronger form of independent counsel through one attorney that it can hire and remove at will," but added that "this same consideration" should be given to his office regarding the county attorney. Byrne said he has requested that the Legislature reconvene Putnam's Charter Review Commission "to address these and other outstanding structural issues in a thoughtful, deliberative manner that respects both branches of government." Montgomery said she is "fully prepared to support and, if necessary, introduce future charter clarifications that restore and reaffirm the county executive's authority over the county attorney."
This is the moment the Greenberg family has been waiting for. After 15 years of fighting every level of Pennsylvania's justice system, federal prosecutors have reportedly entered the Ellen Greenberg case — and they're investigating the investigators.According to sources cited by the Philadelphia Inquirer, the U.S. Attorney's Office for the Eastern District of Pennsylvania has issued subpoenas to the Philadelphia Police Department, the Medical Examiner's Office, the Law Department, and the Pennsylvania Attorney General's Office. The focus isn't on how Ellen died. It's on whether the agencies that handled her case committed criminal corruption.Ellen was found dead on January 26, 2011, with 23 stab wounds — 10 to the back of her neck — and a knife lodged in her chest. The original medical examiner ruled it homicide. That ruling was switched to suicide within weeks. Her parents, Josh and Sandee Greenberg, have spent every year since fighting for the truth.The crime scene was cleaned within 24 hours. Evidence was removed before processing. Courts called the investigation "deeply flawed." The original pathologist recanted in January 2025. A new review found wounds never documented — and still said suicide.Now the feds are pulling records from the office Governor Josh Shapiro ran when his team closed this investigation in 2019, citing laptop searches on devices with a broken chain of custody.Family attorney Joseph Podraza called this "a dream come true." Justice for Ellen may finally be within reach.#EllenGreenberg #JusticeForEllen #FederalInvestigation #JoshShapiro #Philadelphia #Greenberg #TrueCrime #Corruption #USAttorney #Justice2025Join Our SubStack For AD-FREE ADVANCE EPISODES & EXTRAS!: https://hiddenkillers.substack.com/Want to comment and watch this podcast as a video? Check out our YouTube Channel. https://www.youtube.com/@hiddenkillerspodInstagram https://www.instagram.com/hiddenkillerspod/Facebook https://www.facebook.com/hiddenkillerspod/Tik-Tok https://www.tiktok.com/@hiddenkillerspodX Twitter https://x.com/tonybpodListen Ad-Free On Apple Podcasts Here: https://podcasts.apple.com/us/podcast/true-crime-today-premium-plus-ad-free-advance-episode/id1705422872This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.
Featuring Professor Dirk Zetzsche, Marian Unterstell, and Dr. Lucien van Romburg
In this episode, we review the application of confinement credit under United States v. Pierce to cases involving segmented sentences. We also discuss practical takeaways for charging decisions and advising clients. 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 discuss changes in the detailed military judge and distinctions between reassignment, removal, disqualification, and recusal. We examine how these distinctions affect the applicable prejudice test for alleged errors during appellate review. We also welcome ROTC Cadets Reagan Aylor and Taos Dye, interns at TJAGLCS. 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 discuss the jurisdiction and authority of the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces to address alleged errors in post-trial actions that indicate firearms restrictions under 18 U.S.C. § 922. We cover distinctions from the CAAF's Williams opinion from last term, timing for when the judgment is entered into the record, and the specific authority of the Courts of Criminal Appeals to provide appropriate relief for errors after the judgment is entered. 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 admission of uncharged acts occurring months after the alleged offenses for the purpose of common plan or scheme under Military Rule of Evidence 404(b). We discuss application of the Reynolds test, the decision in Hyppolite on common plan or scheme, the Wet Bandits from the 1990 American Christmas comedy film Home Alone, prejudice in appellate review, and distinctions in legal precedent in a fractured opinion. We also say thank you and farewell to Major Dustin Morgan on his last podcast. 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 discuss the constitutionality of Article 120 and distinctions from CAAF's recent Mendoza opinion. We also cover the other granted issues addressing questions of legal sufficiency, panel member bias, special instructions on intoxication and consent, and collateral consequences under 18 U.S.C. § 922. 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 discuss the authority of CAAF to review factual sufficiency determinations of Courts of Criminal Appeals. We further address variance involving dates of the charged offense and changes to the specifications under R.C.M. 603. We also welcome LTC Michael Scaletty, Chair, Criminal Law Department, and Jackson Trout, a summer intern at TJAGLCS. 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 discuss the legal sufficiency and notice requirements for attempt offenses under Article 80. We additionally talk about plain error review and interpretation of a charge and specification based on the conduct of the parties at trial. We also welcome Macy Peele, a summer intern at TJAGLCS. 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).
Have you set your lifestyle limit? In this episode, Jeff, Jeff, and Kim discuss: Giving to God's causes.Letting God lead you forward with faith.Why God wants us to join in His giving.Embracing and handling obstacles on your journey. Key Takeaways: There's going to be risk - if you wait for 100% certainty, it won't come. Move forward anyway in faith.Give to whatever passion God puts in your heart.Start giving now, even if it is just your time.It's all God. He gets the glory and the praise. "The kingdom of God is worth everything I've had or will have, and if I hang on to what I have, then I'm settling for what's of less value." — Kim King Episode References: Women Doing Well: https://womendoingwell.org/HOPE International: https://www.hopeinternational.org/Chase the Lion by Mark Batterson: https://www.markbatterson.com/books/chase-the-lion/ About Kim King: For over thirty years, Kim worked as an attorney and manager in the Law Department of ExxonMobil. She left her work at Exxon to complete her first book, When Women Give – The Adventure of a Generous Life, which was published in 2017. She is an advocate for generosity. She has served on the board of Women Doing Well, Hope International, and Thrivent Trust Company (now Blue Trust), a Christian financial services company. Her latest focus is on writing. She writes regularly for the blog of Women Doing Well.Kim received her undergraduate and law degrees from the University of Alabama. She enjoys Astros baseball, Alabama football, gardening, and oil painting. She lives in Houston, Texas, with her two dogs, where she serves as a Bible study teacher for adults at her church.Connect with Kim King:Book: When Women Give: The Adventure of a Generous Life: https://www.ivpress.com/kim-king Connect with Jeff Thomas: Website: https://www.arkosglobal.com/Podcast: https://www.generousbusinessowner.com/Book: https://www.arkosglobal.com/trading-upEmail: jeff.thomas@arkosglobal.comTwitter: https://twitter.com/ArkosGlobalAdvFacebook: https://www.facebook.com/arkosglobal/LinkedIn: https://www.linkedin.com/company/arkosglobaladvisorsInstagram: https://www.instagram.com/arkosglobaladvisors/YouTube: https://www.youtube.com/channel/UCLUYpPwkHH7JrP6PrbHeBxw
In this episode, we discuss the issue of recusal of the Military Judge for Appearance of Bias based on his prior role as the Special Victim Prosecutor in the same jurisdiction and during the timeframe of the alleged offenses. We further discuss the applicability of the Fourth Amendment in the context of apparent authority from third-party consent. We additionally say goodbye and thank you to MAJ ReAnne Wentz on her last podcast and welcome Jack Bracher, a summer intern at TJAGLCS. 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 discuss the applicability of the Fourth Amendment in the context where a private actor takes the property of another person and gives it to law enforcement. We address the particularity requirement under Military Rule of Evidence 311, requests for return of property from law enforcement, and the exclusionary rule. 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 discuss unenumerated Article 134 offenses and whether a specification states an offense. We cover mens rea, wrongfulness, and the maximum liberality standard of review, as well as practical takeaways for charging decisions and timing trial objections. 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 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).
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.
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).
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 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).