Multiplicity: Reconciling the Manual for Courts-Martial

[...] it is necessary that the Manual - the instrument relied upon most by military practitioners - be revised to reflect the requisite analysis applicable to these related, yet distinct concepts. [...] consistent with the new R.C.M. 906(b)(12) proposed above, it eliminates multiplicity for sentencing as an independent grounds for relief, harmonizing all of the proposed Rules for Courts-Martial in this regard and bringing the Manual into accord with the holdings of CAAF providing that separa...

Depositions and a Case Called Savard

What exactly is a deposition? [...] most if not all of these out-of-country persons could provide testimony vital to a meaningful trial of this case. Since they could not or would not come to trial, and since it was impractical if not impossible to take the trial to them, their testimony had to be captured in some form that would be admissible at trial. [...] depositions were that form.5 III.

State Supervision of Space Activity

The vagueness of this obligation was not controversial during the negotiations as all space activity by its nature involved governmental oversight at that time.20 The purpose for this principle was to increase the breadth of national activity to allow the proper attribution of a given space activity to the responsible state.21 Once attributed, the State Party is internationally liable for the damage resulting from the activity subject to its supervision. [...] at a minimum the state has a fi...

18 U.S.C. § 207(a) (1) 'Lifetime Representation Ban' Opinions: A Lifetime's Work for Agency Ethics Officials and Advisors

[...] military reservists become "former" employees after each period on active duty orders for purposes of the statute.8 Senior employees (general officers and Senior Executive Service (SES) or equivalent) become "former" employees at the end of each specific senior employee position they hold. [...] suppose a former employee knowingly makes an appearance at a meeting with government employees without intent to influence, then during the meeting unknowingly makes a communication (suppose th...

Never Say Die: The Continued Existence of the Government Officials' Good Faith Presumption in Federal Contracting Law and the Well-Nigh Irrefragable Proof Standard After Tecom

What is surprising about the current state of the law as it relates to the application of the good faith presumption to government officials is that although the majority of courts do not follow Tecom, no court has forcefully challenged Judge Wolski's ruling. [...] the COFC decides to verbally challenge Tecom in one of its opinions, the division among them as to how to apply the good faith presumption to government officials accused of bad faith, although small, will not be resolved.

Federal Asset Forfeiture and the Military

Currently in CATS,65 DCIS is seeking forfeiture of over $10.5 million in assets ranging from televisions, jewelry, gold coins, computer equipment, cash, bank accounts, vehicles, watercraft, real property, stock shares, and other items. Because federal asset forfeiture is still new for DCIS, not all states have active DCIS judicial forfeiture cases pending.

Civilian Soldiers: Expanding the Government Contractor Defense to Reflect the New Corporate Role in Warfare

Expansion of the GCD in this capacity serves to provide clear and concise contractual boundaries, protecting those who adhere to government contracts while leaving those who violate their contractual obligations open to litigation. [...] while expansion of sovereign immunity might generally be seen as guarding the blameworthy, doing so here actually results in a greater level of protection for the innocent.