Thursday, October 31, 2019

O'Connor Law School student wins Jenkins Award

Rear Admiral
John S. Jenkins
U.S. Navy
According to the law school at ASU:
James Cromley, a third-year student at the Sandra Day O’Connor College of Law at Arizona State University, has won the John S. Jenkins Award for Excellence in Military Legal Studies.

Given by the National Institute of Military Justice, the Jenkins Award is presented for the best nominated paper written by a law student on a military legal topic. Cromley’s article, titled “In the Field or in the Courtroom: Redefining the APA’s Military Authority Exception in the Age of Modern Warfare,” examines the Administrative Procedure Act, and, specifically, the definition of “in the field in time of war.”
Congratulations to Mr. Cromley. Admiral Jenkins would have approved!

Wednesday, October 30, 2019

CNO cuts punishment in Gallagher case

Dave Philipps of The New York Times has the story here. Excerpt:
Military lawyers say that clemency is nearly always requested after a court-martial conviction, but it is rarely granted, and that having the top admiral in the Navy take over authority for a case is nearly unheard-of.

“In my 15 years of military law, I’ve never seen it,” said Patrick Korody, a former Navy prosecutor who has followed the Gallagher case. “But there is a feeling among military lawyers that the defense has just steamrolled everyone below, so giving it to the C.N.O. is the right decision. He has authority to do the proper thing.”

Despite the grim details of the case, Mr. Korody said, clemency for the SEAL, who led a platoon in combat in Iraq, was not unreasonable.

Monday, October 28, 2019

NPR: Navy legal review

NPR has run this story about current military justice issues in the Department of the Navy. Interviewees include Prof. David Schlueter (St. Mary's) and Prof. (and Global Military Justice Reform contributor) Rachel VanLandingham (Southwestern).

Sunday, October 27, 2019

Photo sharing and secrecy

Singapore has charged several service members for circulating photos of a fatal vehicle accident, deeming the matter a violation of the Official Secrets Act. Details here.

Should Article 66(c) be amended?

Newsweek reports here on efforts to engage Congress on the unusual review powers of the service Courts of Criminal Appeals. Additional coverage by Military.com's Hope Hedge Seck can be found here.