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Episode 12: MAJ Joshua Wolff – “Interrupted Broadcasts? The Law Of Neutrality And Communications Satellites” Aug 14, 2020

Show notes

On today’s podcast we have Major Joshua Wolff, national security law attorney and the Army Element Command Judge Advocate for U.S. Space Command. Major Wolff recently completed a Masters of Law in Space, Cyber, and Telecommunications at the University of Nebraska, College of Law. On today’s episode, Major Wolff and Major Coffey discuss MAJ Wolff’s thesis, “Interrupted Broadcasts? The Law Of Neutrality And Communications Satellites”**, which analyzes the relationship between the law of neutrality and space law and proposes a framework to resolve potential conflict between the two bodies of international law.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Introduction
00:57 Overview of Space Law
02:32 Discussion of the Thesis “Interrupted Broadcasts? The Law of Neutrality
And Communications Satellites”**
03:30 Overview of Neutrality
04:54 General Rule of Neutrality
06:13 Current State of Neutrality
07:09 Relevancy of the Hague Treaties to Satellites
08:35 Space Law and Neutrality
10:19 Gaps in Laws and Treaties
12:16 Problems that the Gaps Cause
13:13 Proposed Analysis to Close the Gaps
14:20 Neutrality Obligations in Space during an International Armed Conflict
16:03 Book Recommendations
17:24 Closing Remarks
MAJ Wolff’s Book Recommendations:
“Challenges to Security in Space” Defense Intelligence Agency
“The Shadow War: Inside the Modern-Day Undeclared Battles Waged Against America” by Jim Sciutto
“Eccentric Orbits” by John Bloom*
“Space 2.0” by Rod Pyle
*CORRECTION: In the episode, Major Wolff referred to the author of “Eccentric Orbits” as “Joe Bob Briggs”. “Joe Bob Briggs” is the alter ego of John Bloom, the credited author of “Eccentric Orbits”. Mr. Bloom has also publishes under that name. This serves as the correction that the credited author of “Eccentric Orbits” is John Bloom.
**UPDATE: Major Wolff’s Paper is in pre-publication review. This blogpost will be updated with a link once the paper is published.
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
***Music by Joseph McDade
****The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 11: Brigadier General (Ret.) Rich Gross – The Evolution of National Security Law Jul 21, 2020

Show notes

On today’s podcast we have Brigadier General (Retired) Rich Gross, former Legal Counsel to the Chairman of the Joint Chiefs of Staff. Brigadier General Gross has also served as the Staff Judge Advocate of U.S. Central Command, US Forces-Afghanistan, and Joint Special Operations Command. MAJ Wellemeyer and MAJ Wellemeyer interviewed Brigadier General Gross the evolution of national security law, the importance of judge advocate integration into the units they are advising, and advising commanders in an operational setting.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Introduction
00:50 The Evolution of National Security Law
03:58 Integration of judge advocates in the units they are advising
05:45 The growth of National Security Law practice during BG Gross’ service
08:36 The evolution of legal issues in National Security Law
11:19 Current concerns in National Security Law
14:11 Advising commanders in an operational setting
16:28 “Legal” and “Counsel”
18:40 Book recommendations
20:48 Closing
BG(RET) Gross’ Podcast Recommendations:
“The World Next Week”
“The President’s Inbox”
“The Economist”
BG(RET) Gross’ Book Recommendations:
“Creating Magic” by Lee Cockerell
“Team of Teams” by General Stanley McChrystal
“No Time for Spectators” by General Martin Dempsey
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 10: (Part 3) Interview with Brigadier General R. Patrick Huston by LTC Cinnamon Chielens and MAJ JJ Wellemeyer on Artificial Intelligence, Deep Fake Technology, and the COVID-19 Pandemic Jun 19, 2020

Show notes

On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons, cybersecurity and other emerging technologies. He also supports diversity and inclusion initiatives as part of talent management for the JAG Corps, one of the world's largest legal organizations.
Lieutenant Colonel Cinnamon Chielens and Major JJ Wellemeyer interviewed BG Huston via zoom to discuss three topics: Artificial Intelligence (AI), Deep Fake Technology, and lessons learned from the COVID-19 pandemic.
The episode is divided into three parts.
Part one covers Artificial Intelligence; its uses, common misconceptions, the importance of public/private partnerships, legal and ethical challenges, and advising commanders on the uses of AI.
Part two discusses Deep Fake technology, providing an overview, the risks involved, and protecting against deep fakes.
Part three discusses the lessons learned from the COVID-19 pandemic, and how the JAG Corps and Army moves forward with those lessons.
Below is a timeline of some of the subject-areas discussed during Part 1 (AI):
00:00 Introduction
00:56 AI Overview
01:51 Misconceptions about AI and its uses
05:21 Public/Private partnerships in the development of AI
06:28 Legal and ethical considerations of AI
08:07 AI and great power competition
Below is a timeline of some of the subject-areas discussed during Part 2 (Deep Fake Technology):
00:00 Introduction
00:10 Deep fake overview
00:41 Combatting “Truth Decay”
03:15 Deep fake threats and potential solutions
04:50 Critical thinking/analysis in combatting deep fake threats
Below is a timeline of some of the subject-areas discussed during Part 3 (COVID-19):
00:00 Introduction
00:09 Lessons learned from the COVID-19 pandemic
01:04 Courts and remote technology
02:27 Effects on the workplace
05:21 COVID-19 and autonomous systems
05:28 Closing Remarks
06:25 Book recommendations
08:03 End notes
If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
Eric Schmidt: I Used to Run Google. Silicon Valley Could Lose to China.
BG Huston’s Book Recommendations:
“1776” by David McCullough
“Duffel Blog” edited by Randy Brown and Steve Leonard
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 10: (Part 2) Interview with Brigadier General R. Patrick Huston by LTC Cinnamon Chielens and MAJ JJ Wellemeyer on Artificial Intelligence, Deep Fake Technology, and the COVID-19 Pandemic Jun 19, 2020

Show notes

Episode 10: (Part 1) Interview with Brigadier General R. Patrick Huston by LTC Cinnamon Chielens and MAJ JJ Wellemeyer on Artificial Intelligence, Deep Fake Technology, and the COVID-19 Pandemic Jun 19, 2020

Show notes

Episode 9: BG Joseph Berger III – Modernizing Our Thinking Jun 11, 2020

Show notes

On today’s podcast we have BG Joseph B. Berger, the Commanding General of The Judge Advocate General’s Legal Center and School, the premier training, education, and analysis institution for military law. As the Commander, BG Berger is responsible for developing and executing our Army’s (and in many cases, the Joint Force’s) institutional level legal training of uniform and civilian attorneys, paralegals, and legal administrators. The Legal Center and School’s mandate is not just limited to members of the JAG Corps; it is also responsible for legal training across the Army, from what our Soldiers learn about the law of war during basic combat training to what our most senior commanders learn during their Senior and General Officer Legal Orientations, mandatory courses before they can assume command of our Nation’s sons and daughters.
In mid-May, MAJ Coffey and MAJ Wellemeyer interviewed BG Berger via Zoom to discuss a number of topics including decision-making by lawyers as leaders, lessons learned from his time with special operations units, the speed of decision-making under the OODA loop process, under-writing failure as a leader, and lessons from the COVID-19 pandemic.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Introduction
01:05 Decision-making and lessons from SOF assignments
04:50 OODA loop, risk, and mistakes: how leaders under-write failure
06:45 Confusing “energy” with “progress”
07:49 OODA loop applied to the shift in distributed learning at TJAGLCS
13:44 How the OODA loop ties into mission command
16:10 Comfort with risk and how leaders can underwrite failure to build success
20:47 Lessons from the COVID-19 pandemic
23:07 How stress increases at lower echelons
25:06 Closing comments by BG Berger
27:05 Book recommendations
31:55 End notes
If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
Early Lessons from the U.S. Army’s Campaign to Conquer COVID-19 by Loren Thompson
Explanation of the OODA Loop
BG Berger’s Book Recommendations:
“Barking Up the Wrong Tree: The Surprising Science Behind Why Everything You Know About Success Is (Mostly) Wrong” by Eric Barker
“Why We Write: Craft Essays on Writing War” edited by Randy Brown and Steve Leonard
“Pale Rider: The Spanish Flue of 1918 and How it Changed the World” by Laura Spinney
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 8: Interview with CDR Jonathan Shumate and MAJ Vo-Laria Brooks about CLAMO, DSCA, and COVID-19 Response May 01, 2020

Show notes

On today’s podcast we have an interview with CDR Jonathan Shumate and MAJ Vo-Laria Brooks from the US Army JAG Corps’ Center for Law and Military Operations (also known as “CLAMO”), a Directorate of the The Judge Advocate General’s Legal Center in Charlottesville, VA. CDR Shumate serves as the Coast Guard Advanced Operational Law Studies Fellow. MAJ Brooks serves as the Director of Domestic Operations and National Guard Bureau (NGB) Liaison where she is responsible for teaching Defense Support of Civil Authorities (DSCA) at TJAGLCS, as well as providing support for the DSCA mission for the 54 States and Territories of the National Guard.
MAJ Wellemeyer, CDR Shumate, and MAJ Brooks discuss CLAMO’s role and function, the DSCA process, and some of the legal issues the Army faces in responding to the COVID-19 pandemic.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Episode Introduction
01:23 CLAMO’s Role and Function
03:21 What is DSCA?
04:30 DSCA Process (Tiered Approach)
11:01 Risk to commanders of not following DSCA process
13:38 Dual-Status Commander
17:15 Dual-Status Commanders on order during COVID-19 pandemic
17:57 The concept of a “Mega” Dual-Status Commander
19:26 Current utilization of the National Guard
22:56 Comparing the response to the COVID-19 pandemic to that of previous humanitarian crises
24:37 End of Episode
If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
“The Military and the Pandemic: An Explainer of the National Guard’s Role in the COVID-19 Response” by Dennis Bittle
DSCA: Interagency Partner Guide for Disasters and Emergencies, July 2015
Public Documents Published by the Center for Law and Military Operations
CLAMO Resources (CAC Only)
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 7: Interview with Mr. Fred Borch on the Ansell-Crowder Controversy of 1917-1920 Apr 29, 2020

Show notes

On today’s podcast we have an interview with Mr. Fred Borch, Professor of Legal History and Leadership at The Judge Advocate General’s Legal Center and School, and the Regimental Historian and Archivist for the U.S. Army Judge Advocate General’s Corps. On today’s episode, Mr. Borch and MAJ Wellemeyer discuss the Ansell-Crowder controversy of 1917-1920, and its relation to the modern military justice system.
The episode begins with Mr. Borch describing the relationship between modern courts-martial and federal courts (Article 36, UCMJ), and the state of the military justice practice in 1917 under the Articles of War. He provides a historical backdrop of Major General Enoch Crowder and Brigadier General/Lieutenant Colonel Samuel Ansell, their dispute, and how the dispute put courts-martial practice onto the path to judicialization.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Episode Introduction
01:12 Modern military justice practice
02:39 The Army JAG Corps in 1917-1918
06:39 MG Enoch Crowder and BG/LTC Samuel Ansell
08:32 1917 Camp Logan Court-Martial
13:42 The Articles of War
17:20 MG Crowder’s view v. BG Ansell’s view
20:16 Result of suggested reforms
22:52 Path to judicialization/modern courts-martial practice
25:03 Book Recommendations
31:34 End of Episode
If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
“The Crowder-Ansell Dispute: The Emergence of General Samuel T. Ansell” by MAJ Terry Brown
Mr. Borch’s Book Recommendations:
“Born at Reveille” by COL (RET) Russell P. Reeder
“Dorothy Must Die”; “The Wicked Will Rise”; “The Yellow Brick War” by Danielle Paige
“Cinder” by Marissa Meyer
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 6: Interview with John Norton Moore, Thirteenth Waldemar A. Solf and Marc L. Warren Chair Lecturer in National Security Law. Apr 07, 2020

Show notes

On today’s episode, we have an interview of Mr. John Norton Moore, Walter L. Brown Professor of Law Emeritus at the University of Virginia School of Law, by Major Travis J.Covey, Vice Chair and Professor of Law in the National Security Law Department at the Judge Advocate General’s Legal Center and School. The episode is an addendum to the Thirteenth Waldemar A. Solf and Marc L. Warren Chair lecture in National Security Law given to by Mr. Moore at the Judge Advocate General’s Legal Center and School.
The episode begins with an introduction of Mr. Moore by Major Covey. The discussion addresses Mr. Moore’s lecture, “Defending Defense in the Law of Jus Ad Bellum.” Mr. Moore discusses the origin of the crisis, why defending the effective right of defense is important, the distinction between the US view of treaty interpretation and the European view, ambiguities in the conventions, and what he would like to see going forward.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Episode Introduction
02:09 Mr. Moore’s Background in National Security Law
03:40 Overview of Mr. Moore’s lecture: “Defending Defense in the Law of Jus Ad Bellum”.
05:18 Origin of the crisis
06:47 Returning to the effective right of defense
11:08 Distinction between the US view of treaty interpretation versus the European view
13:26 Ambiguities in the conventions
15:37 Looking forward: protecting the right of defense
16:45 Closing remarks
18:09 End of the episode
A list of publications and contributions by Mr. Moore is available here.
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 5: Interview with Mr. Donald Poldon Mar 23, 2020

Show notes

On today’s podcast we have an is an interview of Mr. Donald Polden, Dean Emeritus and Professor of Law at Santa Clara University, by Brigadier General Joseph B. Berger, the commanding general of the Judge Advocate General’s Legal Center and School, and Colonel Jerrett W. Dunlap, Dean of The Judge Advocate General’s School. The podcast is an addendum to a lecture on “Legal Leadership” given by Mr. Polden to the students of the 68th graduate course.
The episode begins with an introduction of Mr. Polden by COL Dunlap. The discussion addresses why leadership is important in the legal profession, and what makes leadership different in the legal profession. It also addresses the importance of leadership to innovation and leading change, cross-generational challenges in the legal profession, principled counsel, and the future of legal leadership.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Episode Introduction
00:56 Biography of Mr. Polden
02:20 The importance of legal leadership
03:08 The importance of leadership in the legal profession
04:10 The balance of competition with coordination, cooperation, and collaboration in the legal profession
06:19 The importance of leadership to innovation and leading
change
08:19 Cross-generational challenges in the legal profession
11:08 Humility and leadership
13:20 Principled Counsel
16:55 The future of legal leadership
17:58 Leaders on risk and failure
19:18 Closing remarks
If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
“Lawyers, Leadership, and Innovation”, by Donald J. Polden.
“Leadership Matters: Lawyers' Leadership Skills and
Competencies”, by Donald J. Polden.
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

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