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Syftet med studien var att undersöka om juristers moraliska uppfattning skiljer sig från gemene mans moraliska uppfattning. Den teoretiska bakgrunden om moral utgick från Haidts “Moral Foundations theory”, i enlighet med denna teori utgick studien från att det finns fem olika moraliska principer som utgör den moraliska kompassen. Centralt för studiens teoretiska bakgrund om beslutsfattande och inlärning var kognitiv dissonans samt “social learning theory”. Datainsamlingen genomfördes med en internetenkät som bestod av tre verkliga rättsfall med fyra olika items per rättsfall. Enkäten bestod även av ett tidigare utformat frågeformulär “Moral foundations questionnaire”, baserat på Haidts teori. Det urval som tillämpades var ett stratifierat tillgänglighetsurval, datainsamlingen utfördes genom att kontakta organisationer där jurister var yrkesverksamma, enkäten delades även på olika sociala medieplattformar för att få stor spridning i deltagandet. I studien deltog 74 personer varav 30 var utbildade jurister. Den insamlade datan analyserades med t-tester och ett ANOVA test, resultatet visade att det fanns en signifikant skillnad mellan grupperna på alla frågeställningar. Jurister skattade signifikant lägre på tre av moral principerna, de höll även med domstolen i större utsträckning än vad gemene man gjorde., The purpose of the study was to explore whether or not there are any differences between attorneys and the average citizen's moral notions. The theoretical background mainly focused on Haidt’s Moral foundations theory, in accordance with this theory the study adhered to the five moral foundations that constitute the moral compass. A main part of the theoretical background was also the theory of cognitive dissonance and social learning theory, included in the framework to explain decision making. The data collection was done through an online questionnaire, which included three real cases with four items per case. Included in the questionnaire was also a previously composed questionnaire “Moral foundations questionnaire”, composed by Haidt, based on his theory. The sample that was used in the study was collected with a stratified sampling method, the process of collecting this sample was to send out the questionnaire to organisations where attorneys are traditionally employed as well as sharing the questionnaire on different social media platforms to broaden the sample. Number of participants in the study were 74, 30 of which were attorneys with a degree of masters in law. The collected data was analysed with t-tests and an ANOVA, the results revealed that there was a significant difference between the groups on all question statements. Attorneys scored significantly lower on three of the moral foundations as well agreeing with the court to a greater extent compared to the average citizen.

Vicarious trauma refers to exposure to another person's traumatic experience. Professionals working within the criminal justice system, policing, courts, or mental health are regularly exposed to traumatic events. The idea or expectation that a person can be exposed to this every day and not be affected is unrealistic. A new approach to mitigating and preventing exposure to adverse impacts of vicarious trauma is vital to these employees' mental health. This article focuses on attorneys who work with vulnerable populations and how vicarious trauma affects their everyday professional and personal lives. This paper will discuss the Adverse Childhood Experiences (ACEs), what they are, the importance of understanding them, how they can make an induvial more susceptible to the negative effects of vicarious trauma. This study will shed light on preventative training that can help decrease the risk of one developing vicarious trauma, along with educational programs to teach healthy coping mechanisms to mitigate the negative effects of vicarious trauma.

Vicarious trauma refers to exposure to another person's traumatic experience. Professionals working within the criminal justice system, policing, courts, or mental health are regularly exposed to traumatic events. The idea or expectation that a person can be exposed to this every day and not be affected is unrealistic. A new approach to mitigating and preventing exposure to adverse impacts of vicarious trauma is vital to these employees' mental health. This article focuses on attorneys who work with vulnerable populations and how vicarious trauma affects their everyday professional and personal lives. This paper will discuss the Adverse Childhood Experiences (ACEs), what they are, the importance of understanding them, how they can make an induvial more susceptible to the negative effects of vicarious trauma. This study will shed light on preventative training that can help decrease the risk of one developing vicarious trauma, along with educational programs to teach healthy coping mechanisms to mitigate the negative effects of vicarious trauma.

Lawyers are communicators. They communicate with clients, courts, adversaries, juries, witnesses, and the public. Lawyers have a special responsibility for the quality of justice. Their communications, therefore, are hedged by various ethical rules to ensure that their statements are knowledgeable, truthful, respectful, and not prejudicial to the administration of justice. But lawyers are not always knowledgeable of the facts. In fact, they sometimes behave disrespectfully, and stray from the truth. False statements by lawyers may be made unwittingly, sometimes intentionally, and sometimes with an indifference, even a contempt for the truth. Discourse of the latter kind may be characterized as bullshit. Bullshit is more prevalent in our culture than ever. Expanded forms of electronic communication and the ability of everybody to be an expert on almost everything probably accounts for so much more bullshit. The proliferation of bullshit in our culture generally is also reflected in an increase in bullshit by lawyers. Indeed, the investigation of President Donald Trump by Special Counsel Robert Mueller produced a dizzying array of unusual public statements by his personal lawyer Rudolph Giuliani that may be regarded as bullshit. Giuliani's statements invite consideration of the following questions: Do the rules of professional ethics cover attorney bullshit? If so, how much bullshit may a lawyer utter before crossing an ethical line? Assuming the ethics rules apply, are professional disciplinary bodies capable of exposing lawyer bullshit?

With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges.

With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges.

Recent high-profile military-related cases involving sexual assaults by U.S. servicemembers have resulted in increased public and congressional interest in military discipline and the military justice system. Questions have been raised regarding how allegations of sexual assault are addressed by the chain of command, the authority and process to convene a court-martial, and the ability of the convening authority to provide clemency to a servicemember convicted of an offense. Under Article I, Section 8 of the U.S. Constitution, Congress has the power to raise and support armies; provide and maintain a navy; and provide for organizing and disciplining them. Under this authority, Congress has enacted the Uniform Code of Military Justice (UCMJ), which is the code of military criminal laws applicable to all U.S. military members worldwide. The President implemented the UCMJ through the Manual for Courts-Martial (MCM). The Manual for Courts- Martial contains the Rules for Courts-Martial (RCM), the Military Rules of Evidence (MRE), and the UCMJ. Members of the Armed Forces are subjected to rules, orders, proceedings, and consequences different from the rights and obligations of their civilian counterparts, and the UCMJ establishes this unique legal framework. The UCMJ authorizes three types of courts-martial: (1) summary court-martial, (2) special courtmartial, and (3) general court-martial. Depending on the severity of the alleged offense, the accused s commanding officer enjoys great discretion with respect to the type of court-martial to convene. Generally, each of the courts-martial provides fundamental constitutional and procedural rights to the accused, including, but not limited to, the right to a personal representative or counsel, the opportunity to confront evidence and witnesses, and the right to have a decision reviewed by a lawyer or a court of appeals., Prepared for Members and Committees of Congress.

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which motivate which the establishment of a year’s compulsory community service during the LLB studies, and making clinical legal education compulsory. The motivation includes inducing law students and graduates to aid in the achievement of access to justice. The research then focuses on what the value of community service is in higher education generally. In the South African civil justice system many ordinary people cannot afford to use the courts because of the expense involved, or because they are ignorant of their rights. This is particularly the case in civil as opposed to criminal matters, as legal aid is more frequently focused on criminal than on civil matters in this country. This paper will consider the role which senior law students may play in rendering pro bono work as part of clinical legal education in their LLB studies. In this regard particular focus will be made on the University of KwaZulu-Natal (UKZN), the only university offering law studies in greater Durban. As for pro bono work by students during their LLB, consideration could be given to making clinical legal education a compulsory part of such students' curricula. Possible compulsory community service for law graduates (ie post-LLB) as envisaged in the proposed Legal Practice Bill falls beyond the ambit of this paper.

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

In this paper an analysis is offered of compulsory so-called "live client" clinical legal education as part of the LLB as a means of improving access to justice for the indigent. This study first explores the factors which motivate which the establishment of a year’s compulsory community service during the LLB studies, and making clinical legal education compulsory. The motivation includes inducing law students and graduates to aid in the achievement of access to justice. The research then focuses on what the value of community service is in higher education generally. In the South African civil justice system many ordinary people cannot afford to use the courts because of the expense involved, or because they are ignorant of their rights. This is particularly the case in civil as opposed to criminal matters, as legal aid is more frequently focused on criminal than on civil matters in this country. This paper will consider the role which senior law students may play in rendering pro bono work as part of clinical legal education in their LLB studies. In this regard particular focus will be made on the University of KwaZulu-Natal (UKZN), the only university offering law studies in greater Durban. As for pro bono work by students during their LLB, consideration could be given to making clinical legal education a compulsory part of such students' curricula. Possible compulsory community service for law graduates (ie post-LLB) as envisaged in the proposed Legal Practice Bill falls beyond the ambit of this paper.

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money launderer. The overall aim of the article is to identify the dangers which money launderers pose to attorneys and to highlight the need for vigilance in the face of these dangers. It analyses the antimoney laundering reporting obligations imposed on attorneys by the Financial Intelligence Centre Act and considers impact of these obligations upon the attorneyclient relationship. Some of the ways in which a law practice may become implicated in the placement, layering and integration stages of the money laundering process are discussed, and cases which deal with attorneys’ involvement in money laundering schemes are presented.

The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money launderer. The overall aim of the article is to identify the dangers which money launderers pose to attorneys and to highlight the need for vigilance in the face of these dangers. It analyses the antimoney laundering reporting obligations imposed on attorneys by the Financial Intelligence Centre Act and considers impact of these obligations upon the attorneyclient relationship. Some of the ways in which a law practice may become implicated in the placement, layering and integration stages of the money laundering process are discussed, and cases which deal with attorneys’ involvement in money laundering schemes are presented.

The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money launderer. The overall aim of the article is to identify the dangers which money launderers pose to attorneys and to highlight the need for vigilance in the face of these dangers. It analyses the antimoney laundering reporting obligations imposed on attorneys by the Financial Intelligence Centre Act and considers impact of these obligations upon the attorneyclient relationship. Some of the ways in which a law practice may become implicated in the placement, layering and integration stages of the money laundering process are discussed, and cases which deal with attorneys’ involvement in money laundering schemes are presented.

Top military leadership has identified problems with the timeliness and effectiveness of DoD contingency construction support in Iraq and Afghanistan. This paper provides justification on how and why the system is inefficient and analyzes the current process map from a multitude of perspectives. Interviews were conducted with personnel that experienced the construction process within the Iraq and Afghanistan Theater of operation. These personnel included Commanders, Engineers, Lawyers, Acquisition Attorneys, Staff Officers and Program Managers. The analysis shows that Contingency Construction Authority (CCA) is technically meeting its intent for projects programmed through CCA, but not for large-scale infrastructure that have circumvented the CCA process. Additionally, the CCA process is not meeting the expectation of the war fighters. Furthermore, because it is not meeting the war fighter's expectation the system is being manipulated in order to, "accomplish the mission" which is creating unintended adverse consequences with regard to cost, health, safety, force protection, Anti-Deficiency Act violations, mission support and safety. This research clarifies the contingency construction process and provides a foundation for future research to address the problem., Presented at the International Command and Control Research and Technology Symposium (16th) held in Quebec City, Canada on 21-23 June 2011. Published in the Proceedings of the International Command and Control Research and Technology Symposium (16th), paper no. 184, June 2011.

Top military leadership has identified problems with the timeliness and effectiveness of DoD contingency construction support. Qualitative data was in order to gain clarity on the problem space and lay a foundation for solution generation and selection. Interviews were conducted with agents with experience within the Iraq and Afghanistan theater of operation as well as support functions for the Pentagon. Commanders, Engineers, Lawyers, Acquisition Attorneys, Staff Officers and Program Managers have been interview. The interviews have been analyzed using open coding to answer research question and identify to emergent themes and concepts. The data collected has confirmed the hypothesis that the project programming regulatory structure is not meeting its intent, or the needs of our war fighters. Furthermore, because it is not meeting the war fighter's need the system is being manipulated in order to, accomplish the mission which is creating unintended consequences with regard to cost, health, safety, force protection, ADA violations, mission support and safety. Significant negative consequences were found to be attributed to the interpretation of temporary construction and the time required to process CCA projects. Additionally, a value stream map was created in order to map the contingency construction approval and funding process. This research effort has provided clarity of the problem space of contingency construction and prepared a foundation for future research to address the problem., The original document contains color images.

Trial advocacy is an important aspect of our legal system, and is critical for ensuring a fair trial. This dissertation considers the recommended trial advocacy techniques for attorney demeanor, verbal communications, paralinguistic communications, kinesic communication, attorney-client relationships, and storytelling in light of the available science. First, each chapter reviews the trial strategies recommended by trial commentators. Next, each chapter explores scientific research relevant to the advocacy recommendations by legal commentators and identifies the limitations in their recommendations. In addition, research-based advocacy techniques are suggested for improving trial advocacy.

The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly by The Judge Advocate General s Legal Center and School, Charlottesville, Virginia, for the official use of Army lawyers in the performance of their legal responsibilities. Articles in this issue include: Twenty-First Century Embedded Journalists: Lawful Targets?, Measuring Other Transaction Authority Performance Versus Traditional Contracting Performance: A Missing Link to Further Acquisition Reform, Targeting War-Sustaining Capability at Sea: Compatibility with Additional Protocol I, and Book Reviews.

Near the start of Donald Rumsfeld's service as Secretary of Defense in the first term of President George W. Bush, he asked why there were so many lawyers in the Pentagon. He apparently believed the number of military and civilian lawyers could be streamlined or consolidated. Meanwhile, national security practitioners expressed increasing concern about lawfare--the strategy of using or misusing law and legal processes as a substitute for traditional instruments of power to achieve either strategic or operational effects. Detainee treatment was a principal area of disagreement between the most senior administration civilian lawyers and The Judge Advocates General (TJAGs), the most senior military lawyers in each Service. Despite Secretary Rumsfeld's remarks, Department of Defense (DOD) lawyers increased in number during his tenure, the administration suffered repeated strategic legal attacks related to detainee treatment, and Congress legislated independence of military lawyers (judge advocates, or JAGs) from civilian DOD attorneys. Recently, the Convening Authority for the Military Commissions declined to prosecute at least one detainee, finding that the application of some of the Secretary of Defense-authorized techniques was "torture." Detainee interrogation policy provides a case study into deviations from the national security legal-policymaking process. After identifying key administration lawyers and TJAG roles in legal-policy formation, this article explores legal ethical requirements to serve as advisor during policy development. It briefly examines civil-military relations issues relevant to the legal-policy process and concludes with discussion of legal-policy formation abnormalities during the detainee interrogation debate., Published in Joint Force Quarterly (JFQ), n54 p40-47, 3rd quarter 2009.

Enacted in 1966 after 11 years of investigation and legislative development in the House - and nearly 6 years of such consideration in the Senate - the Freedom of Information Act (FOIA; 5 U.S.C. - 552) replaced the public information section of the Administrative Procedure Act. FOIA was designed to enable any person to request, without explanation or justification, access to existing, identifiable, unpublished, executive branch agency records. The statute specified nine categories of information that may be exempted from the rule of disclosure. Pursuant to FOIA, disputes over the accessibility of requested records could be settled ultimately in court. The statute has become a widely used tool of inquiry and information gathering for various sectors of American society - particularly the press, businesses, scholars, attorneys, consumers, and activists?as well as some foreign interests. The response to a request may ultimately involve a few sheets of paper, several linear feet of records, or information in an electronic format. Assembling responses requires staff time, search and duplication efforts, and other resource commitments. Agency information management professionals are responsible for efficiently and economically responding to FOIA requests, doing so in the sensitized homeland security milieu. Agencies may negotiate with a requester to narrow a request's scope, or the agency may explain and justify why certain records cannot be supplied. Simultaneously, agency FOIA response costs need to be kept reasonable. The perception that FOIA standards are not properly met may result in proposed new corrective amendments to the statute., CRS Report for Congress.

This report provides an overview of federal law governing wiretapping and electronic eavesdropping. It also appends citations to state law in the area and contains a bibliography of legal commentary as well as the text of the Electronic Communications Privacy Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given their prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); in civil liability for damages, attorneys? fees and possibly punitive damages; in disciplinary action against any attorneys involved; and in suppression of any derivative evidence. Congress has created separate but comparable protective schemes for electronic communications (e.g., e-mail) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices., CRS Report for Congress.

This paper examines the development of U.S. interrogation policy, beginning with initial determinations concerning the application of the Geneva Conventions and continuing through several Department of Justice opinions collectively known as the "torture memos." The paper examines the influence of these memos on policy formulation. The memos are reviewed in light of professional standards for attorneys and applicable international treaties, customary rules for prisoner treatment, and constitutional provisions relating to presidential powers. The memos themselves raise issues of professional responsibility, but the use of the memos to reduce strategic matters to legal considerations raises more serious questions about strategic leadership and decision making. The use of the memos also has caused military advice to be disregarded and has damaged civilian-military relations. Recommendations for mitigating this damage and improving future policy development are offered., USAWC Program Research Project.

Title page and photograph from 2009 American Lawyers Award annual program., https://digitalcommons.law.umaryland.edu/civiletti/1000/thumbnail.jpg

Enacted in 1966 after 11 years of investigation, legislative development, and deliberation in the House and half as many years of such consideration in the Senate, the Freedom of Information Act (FOIA) displaced the ineffective public information section of the Administrative Procedure Act. The FOIA was designed to enable any person - individual or corporate, regardless of citizenship - to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic. The statute specified nine categories of information that may be permissibly exempted from the rule of disclosure. Disputes over the accessibility of requested records could be ultimately settled in court., CRS Report for Congress.

Bloom talks about the making of a great cause lawyer. Perhaps not surprisingly, dedication, strong political ties, and superb legal skills all play a role in the making of a great cause lawyer, but so does a somewhat less obvious quality, which Marc Galanter described several years ago as practice "style." However, in these case studies, it suggests that the making of a great cause lawyer depends, in part, on practice style. Put differently, how a lawyer approaches legal practice seems to matter for purposes of legal mobilization. In these cases, cause lawyers were more effective at using the law to advance a political agenda when they adopted a more flexible practice style that may more closely resemble that of an "ordinary" lawyer.

The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly by The Judge Advocate General s Legal Center and School, Charlottesville, Virginia, for the official use of Army lawyers in the performance of their legal responsibilities. Articles in this issue include: Time to Stand Up and Be Counted: The Need for the United Nations to Control International Terrorism, Special Operations Commando Raids and Enemy Hors de Combat, Developing the Rule of Law in Afghanistan: The Need for a New Strategic Paradigm, Tactical Level PSYOP and MILDEC Information Operations: How to Smartly and Lawfully Prime the Battlefield, The Detention and Prosecution of Insurgents and Other Non-Traditional Combatants A Look at the Task Force 134 Process and the Future of Detainee Prosecutions, and Engaging Civilian-Belligerents Leads to Self-Defense/Protocol I Marriage.

This course presents instruction regarding the basic legal concepts pertaining to the authority of the government and its personnel to enter into contracts statutorily mandated competition requirements contract formation (sealed bidding and competitive negotiation), including basic contract types, labor standards, and socioeconomic policies; contract performance, including modification, termination, inspection, and acceptance; disputes, including remedies of unsuccessful offerors and appeals; and introduction to procurement fraud., The original document contains color images. Presented at the Contract Attorneys Course Deskbook(vol 1), held in Charlottesville, VA on Oct 2006.

This course prepares students to meet the needs of a general military attorney, contracting officer, resource manager, or practitioner serving a Brigade Combat Team or higher echelon, installation, or agency. The course covers the statutory, regulatory, and policy authorities governing the commitment, obligation, and expenditure of appropriated funds in garrison and when deployed. The course addresses current fiscal issues confronting the Department of Defense and other federal agencies. This course also meets the mandatory training requirements for the Army's Comptroller Accreditation Program for CP11 and FA45 personnel., 76th Fiscal Law Course, Spring 2007

This course presents instruction regarding the basic legal concepts pertaining to the authority of the government and its personnel to enter into contracts statutorily mandated competition requirements contract formation (sealed bidding and competitive negotiation), including basic contract types, labor standards, and socioeconomic policies; contract performance, including modification, tetmination, inspection, and acceptance; disputes, including remedies of unsuccessful offerors and appeals; and introduction to procurement fraud., The original document contains color images.

In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees. There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalize contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes., The original document contains color images. CRS Report for Congress.

It is a federal crime to intentionally wiretap or electronically eavesdrop on the conversation of another without a court order or the consent of one of the parties to the conversation. Moreover, in eleven states, it is a state crime for anyone other than the police to intentionally wiretap and/or electronically eavesdrop on the conversation of another without the consent of all of the parties to the conversation. The federal crimes are punishable by imprisonment for up to five years and expose offenders to civil liability for damages, attorneys' fees, and possibly punitive damages. State crimes carry similar consequences. Even in states where one party consent interceptions are legal, they may well be contrary to the professional obligations of members of the bar. The proscriptions often include a ban on using or disclosing the fruits of an illegal interception. Statutory exceptions to these general prohibitions permit judicially supervised wiretapping or electronic eavesdropping conducted for law enforcement or foreign intelligence gathering purposes. Similar regimes proscriptions with exceptions for government access under limited circumstances exist for telephone records, e-mail and other forms of electronic communications.

November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November, 2004, against four persons declared eligible for trial, but proceedings were suspended after a federal district court found one of the defendants could not be tried under the rules established by the Department of Defense. The D.C. Circuit Court of Appeals reversed that decision, Rumsfeld v. Hamdan, but the Supreme Court granted review and reversed the decision of the Court of Appeals. Military commissions will not be able to go forward until the Department of Defense revises its rules to conform with the Supreme Court's Hamdan opinion or Congress approves legislation conferring authority to promulgate rules that depart from the strictures of the Uniform Code of Military Justice (UCMJ) and U.S. international obligations. The M.O. has been the focus of intense debate both at home and abroad. Critics argued that the tribunals could violate the rights of the accused under the Constitution as well as international law, thereby undercutting the legitimacy of any verdicts rendered by the tribunals. The Administration responded by publishing a series of military orders and instructions clarifying some of the details. The procedural aspects of the trials were published in Military Commission Order No. 1 ( M.C.O. No. 1 ). The Department of Defense also released two more orders and nine Military Commission Instructions, which set forth the elements of some crimes that may be tried, establish guidelines for civilian attorneys, and provide other administrative guidance. These rules were praised as a significant improvement over what might have been permitted under the M.O., but some argued that the enhancements do not go far enough, and the Supreme Court held that the amended rules did not comply with the UCMJ.

Cyber intrusions are rarely met with the most effective possible response, less for technical than legal reasons. Different rogue actors (terrorists, criminals, spies, etc.) are governed by overlapping but separate domestic and international legal regimes. Each of these regimes has unique limitations, but also offers unique opportunities for evidence collection, intelligence gathering, and use of force. We propose a framework which automates the mechanistic aspects of the decision-making process, with human intervention for only those legal judgments that necessitate human judgment and official responsibility. The basis of our framework is a pair of decision trees, one executable solely by the threatened system, the other by the attorneys responsible for the lawful pursuit of the intruders. These parallel decision trees are interconnected, and contain pre-distilled legal resources for making an objective, principled determination at each decision point. We offer an open-source development strategy for realizing and maintaining the framework., The original document contains color images.

Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.

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We appreciate the opportunity to appear here today to discuss the human capital challenges facing the agencies that play key roles in monitoring publicly traded companies and enforcing our nation's trade laws. As you are aware, GAO has been a leading promoter of a more strategic approach to federal human capital issues. We are particularly gratified to come before this subcommittee, as you have been committed advocates of our efforts, sponsoring much of our work in this area. The leadership provided by this subcommittee and the Senate Committee on Governmental Affairs has been especially important in focusing attention on the federal government s human capital challenges., Testimony before the Subcommittee on Oversight Government Management, Restructuring and the District of Columbia, Committe on Governmental Affairs, U.S. Senate.

This Appendix D supplements and should be read in conjunction with AR 690-200, Chapter 213, Subchapter 4, Employment of Civilian Attorneys. It applies to all U.S. Army Corps of Engineers (USACE) civilian attorneys (including Real Estate attorneys), law clerk trainees and legal interns appointed under the qualifying authority of the Chief Counsel, USACE. Judge advocates assigned to USACE, usually as part of the military honors program, are under the qualifying authority of The ;Judge Advocate General., This supplement supersedes USACE Supplement 1 to AR 690-300, 302, dtd 13 Jul 1984.

Over 1,000 employees, or about one-third of the staff, left the U.S Securities and Exchange Commission (SEC) from 1998 to 2000. Of these, more than 500 were attorneys. Overall, SEC s turnover rates for attorneys, accountants, and examiners averaged 15 percent in 2000, more than twice the rates for comparable positions governmentwide. Furthermore, 280 available positions remained unfilled in 2001. According to the former acting SEC Chairman, SEC has been experiencing a staffing crisis that is adversely affecting its ability to protect investors and promote the integrity and efficiency of U.S. securities markets., Report to the Ranking Minority Member, Subcommittee on Financial Institutions, Committee on Baking, Housing and Urban Affairs, U.S. Senate.

This publication is one of a series prepared and distributed by the Legal Assistance Branch of the Administrative & Civil Law Department of The Judge Advocate General's School, U.S. Army (TJAGSA). The series contains summaries of the law, guidance, and sample documents for handling common problems. The sample documents are guides only.

The Contract Attorneys Course Deskbook introduces basic contracting concepts to the attorney who is new to public contract law. These concepts include authority of the government and its personnel to enter into contracts, statutorily mandated competition requirements, contract formation (sealed bidding and competitive negotiation), contract types, labor standards, socioeconomic policies, contract performance, modification, termination, inspection, acceptance, warranties, changes, disputes, remedies, and procurement fraud., See also AD-A392 561.