Thursday, October 3, 2013

31(b)log is Moving!

Dear Readers,

Article 31(b)log is moving to a new URL.  After today -- this very instant -- you can find us settled in to our new web home at Article31(b)!  Be sure to bookmark the new site and tell your friends.

See you on the other side,
The TJAGLCS Crim Law Team

Monday, September 30, 2013

New Law Review and Law Journal Articles (30 Sep 2013)

Bassett, W. Randall, Susan M. Clare and Simon A. Rodell. Evidence. 64 Mercer L. Rev. 929-952 (2013).
Bronn, Natasha. Note. "Unlucky enough to be innocent": burden-shifting and the fate of the modern drug mule under the 18 U.S.C. Section 3553(f) statutory safety valve. 46 Colum. J.L. & Soc. Probs. 469-507 (2013).

Cade, Jason A. The plea-bargain crisis for noncitizens in misdemeanor court. 34 Cardozo L. Rev. 1751-1819 (2013).

[and 20 more...]

Monday, September 23, 2013

New Law Review and Law Journal Articles (23 Sep 2013)

Breslow, Sarah. Note. Pleading guilty to death: protecting the capital defendant's Sixth Amendment right to a jury sentencing after entering a guilty plea. 98 Cornell L. Rev. 1245-1270 (2013).

Dynes, Michael Lee and Henry Edward Whitmer. The scarlet letter of the law:  a place for shaming punishments in Arizona. 6 Phoenix L. Rev. 513-535 (2013).

Fierst, Shai. Note. Sex discrimination and the law: why Title 18 must be reformed. 29 J. Contemp. Health L. & Pol'y 319-349 (2013).

[and 18 more...]

Monday, September 9, 2013

New Law Review and Law Journal Articles (9 Sept 2013)

Anton, Jason D. Note. Defining "found in": constructive discovery and the crime of illegal reentry. 113 Colum. L. Rev. 1239-1282 (2013).

Ayres, Sarah C. Student article. Expanding rape shield laws: breaking through prejudice for better protection of battered women. (Durham v. Metzger, 2012 WL 1556490, 2012.) 19 Cardozo J.L. & Gender 821-835 (2013).

Davoli, Joanmarie Ilaria. You have the right to an attorney; if you cannot afford one, then the government will underpay an overworked attorney who must also be an expert in psychiatry and immigration law. 2012 Mich. St. L. Rev. 1149-1187.

[15 more ...]

Monday, August 26, 2013

Concession Undermines Defense’s Authenticity Objection to Computer Data -- U.S. v. Lubich (CAAF 2013)

In U.S. v. Lubich, 72 M.J. 170 (CAAF 2013), the CAAF held that a military judge did not abuse her discretion in overruling the defense’s authentication objection and in admitting two Government exhibits which were based on computerized data where the defense conceded that the data was retrieved by the Government from the Accused’s Internet accounts.

Thursday, August 15, 2013

SecDef Announces Further Sexual Assault Initiatives

On August 14, 2013, Secretary of Defense Chuck Hagel ordered seven additional measures addressing sexual assault in the military. The two most sweeping initiatives require each service to create special counsel programs for sexual assault victims, and require JAG officers to preside at all Article 32 Investigations.
The news release is here.
The full memo is here.
The  programs have short implementation dates, ranging from 15 October 2013 to 1 January 2014.

Tuesday, August 13, 2013

"Tackling the Roots of Rape" means tackling hyper-masculinity and society

Prof. Chris Gilmartin, a psychology professor at University of Mary Washington and author of The Masculine Self, has just begun teaching at the Air Force Academy after a three year consulting stint at the Naval Academy. The NY Times recently featured his work in an Opinion piece  titled "The Roots of Rape" by Frank Bruni. The deepest of those roots  "are the cult of hyper-masculinity, which tells boys that aggression is natural and sexual conquest enviable, and a set of laws and language that cast women as inferior, pliable, even disposable." He asserts that the military has traditionally been hyper-masculine, but he also believes that cultural change is possible. The piece is worth reading, at least to encourage discussion.
--jim clark

Monday, August 12, 2013

SECDEF's Thoughts on Integrity of the Military Justice Process

Secretary of Defense Chuck Hagel last week signed a policy memorandum regarding the integrity of the military justice process.  In addition to dealing with integrity, generally, the memorandum underlines the importance of independent judgment by all service members involved in the military justice process, free from from unlawful command influence.  We've got a copy of it after the break, and every service member should read it.

New Law Review and Law Journal Articles (12 August 2013)

Bricker, Cary and Michael Vitiello. Chinese homicide law, irrationality, and incremental change. 27 Temp. Int'l & Comp. L.J. 43-61 (2013).

Curva, Ione. Note. Exposing the invisibility of teen dating violence in New Jersey. 33 Women's Rts. L. Rep. 471-489 (2012).
Fuller, Brian J. Case note. Criminal law--a small step forward in juvenile sentencing, but is it enough? The United States Supreme Court ends mandatory juvenile life without parole sentences. (Miller v. Alabama, 132 S. Ct. 2455, 2012.) 13 Wyoming L. Rev. 377-404 (2013).

(8 more...)

Thursday, August 8, 2013