Articles Posted in Uncategorized

Up periscope under the radar
Philip D. Cave

[youtube https://www.youtube.com/watch?v=6g63EE1Y2e8] On 29 August 2014, the Inspector General, U.S. Department of Defense issue a report, Evaluation of DoD Compliance with the Sex Offender Registration and Notification Act. In connection with the U.S. sex offender registry’s, there is now quite a robust amount of research that seems to label the idea as ineffective. The worst…

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Military justice changes coming?
Philip D. Cave

From DefenseNews: Senate Armed Services Committee Chairman Sen. Carl Levin, D-Mich., told reporters on Tuesday that Senate and House Armed Services Committee leaders want to finish the compromise version of the 2015 National Defense Authorization Act (NDAA) by Friday. There will likely be no floor amendments, Levin said, largely because there are few remaining days…

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Transparency
Philip D. Cave

I was at a conference this weekend on global issues of military justice. Again this lingering issue of transparency came up. My friend and colleague Gene Fidell at Global Military Justice Reform, has found a couple of gems. You can find information about the internal workings of the Army trial judiciary at this link, or…

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Free and unfettered speech-not
Philip D. Cave

The silly political season has passed for a short period of time. Bet’s are on now for the presidential silly season having started, etc. During the campaign of now senator elect x, the issue of her political statements and her reserve officer obligations came up. That is an interesting topic of discussion. Before entering the…

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In the Supremes-Ohio v. Clark-watch for it
Philip D. Cave

On 2 October, the Supreme Court granted certiorari in a case that might have important ramifications for military justice – Ohio v. Clark. And it is a source for potential motions going forward, regardless of CAAF’s recent Squire opinion. Here is the question presented. Whether an individual’s obligation to report suspected child abuse makes that…

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Worth the read
Philip D. Cave

Here are a couple of articles worth the read if you have some time this weekend. The Reliability of Assault Victims’ Immediate Accounts: Evidence from Trauma Studies, Melissa Hamilton, University of Houston Law Center, September 7, 2014, Stanford Law & Policy Review, Vol. 26, 2015, Forthcoming Ms. Leveritt has recently taken on the responsibility of…

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Men are victims too
Philip D. Cave

Domestic violence is bad. But I would suggest that the issue is normally only dealt with as a women’s issue. This report should cause people to think – just a little bit – that men are not always the perpetrators, and that “alway believe the victim” – read the woman, training is flawed. One-third of…

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