Articles Posted in Worth the Read

It’s the fourth of July
Philip D. Cave

When enlisting or at certain other times:” I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the…

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Not always a fan
Philip D. Cave

I’m not a fan of the Center for Military Readiness. But I have to acknowledge they at least raised a very important point about military sexual assault cases. Read the various articles I’ve posted about confirmatory bias in connection with this piece from CMR about Sex, Lies & Rape. Although written in 2006, the points…

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Clothed in the cloth
Philip D. Cave

Politicians have always sought to wrap themselves in the military and the flag. The recent crisis of political identity has various politicians mistating or failing to correct their military record. Here is a reminder to those in uniform that active duty military have some restrictions on what they can say or do in the political…

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Counsel’s predictions
Philip D. Cave

Just the other day, alerted by SCOTUSBlog I posted Jones v. Williams as a case to watch at SCOTUS. The issue once again: Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was later convicted and sentenced…

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Reading
Philip D. Cave

Have a few spare minutes: 1. Disentangling Child Pornography from Child Sex Abuse Carissa Byrne Hessick , Arizona State, Sandra Day O’Connor College of Law, Washington University Law Review, Vol. 88, 2010 Abstract: Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to…

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Interrogations
Philip D. Cave

Here is a new article on interrogation tactics. Davis & Leo on the “Sympathetic Detective” Interrogation Strategy Deborah Davis and Richard A. Leo (University of Nevada, Reno and University of San Francisco – School of Law) have posted Selling Confession: Setting the Stage with the ‘Sympathetic Detective with a Time-Limited Offer’ (Journal of Contemporary Criminal…

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Historical resource
Philip D. Cave

The Army has a new and interesting addition to their Military Legal Resources. Selected Papers of Edmund M. Morgan, Jr., Regarding the Drafting of the Uniform Code of Military Justice (1948-1949). In the summer of 1948, in response to a need for a uniform military justice system in the newly reorganized and expanded post-World War…

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Gitmo cases
Philip D. Cave

Guantanamo Bay Detainees in the Courts, an eBook by Leagle.com. Legal experts will analyze the Guantanamo Bay detainee cases for decades to come, but presented here are the court opinions themselves, unedited and in their entirety, so that readers can review a court’s reasoning firsthand, unfiltered and without bias. The opinions are in answer to…

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February Army Lawyer
Philip D. Cave

Here are the military justice related articles in the new Army Lawyer. Searching for Reasonableness—The Supreme Court Revisits the Fourth Amendment “I’ve Got to Admit It’s Getting Better”*: New Developments in Post-Trial The Impact of Melendez-Diaz v. Massachusetts on Admissibility of Forensic Test Results at Courts-Martial Armed for the Attack: Recent Developments in Impeachment Evidence…

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