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The Quill & Sword — Government
The Quill & Sword

The Quill & Sword series of podcasts is created and hosted by The Judge Advocate General’s Legal Center and School (TJAGLCS). There are multiple shows in the series, with The Quill & Sword show serving as the umbrella show. “The Quill & Sword” show contains all episodes from the “Criminal Law Department Presents,” “NSL Unscripted,” “Mentorship Matters” and “Fred Talks” shows, plus featured episodes from other TJAGLCS departments, and all prior episodes from the discontinued “Battlefield Next” show. “Criminal Law Department Presents” features TJAGLCS Criminal Law professors discussing published CAAF opinions. “NSL Unscripted” features discussions on hot topics related to NSL practice and insight from NSL practitioners and national security leaders. “Mentorship Matters” is hosted by the JAG Corps’s Leadership Center and features interviews with leaders from across the Army JAG Corps, Retired JALS Personnel, Academic Leaders, and Army Senior Leaders. “Fred Talks” presents a more informal look at the history of the JAG Corps by the Regimental Historian. The Quill & Sword podcast replaced the TJAGLCS Battlefield Next podcast, which served as the original TJAGLCS podcast series. Each episode in The Quill & Sword series of podcasts is generally 10-20 minutes to enable listening to and from work and to get to the point without hours of investment. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

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Latest Episodes:

The Quill & Sword | CAAF Chats Ep 29: U.S. v. Gilmet (C.A.A.F 2023) Feb 07, 2024

Show notes

In this episode, we examine CAAF’s latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

The Quill & Sword | CAAF Chats Ep 28: U.S. v. Jeter (C.A.A.F 2023) Jan 24, 2024

Show notes

In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson which said “race is an impermissible criterion for selection of jurors.” This case is very important for judge advocates to understand as they advise their commanders on selecting court martial members (jurors). Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

The Quill & Sword | NSL Unscripted | Episode 14 – Surveillance Law and the Quantum Internet with LTC Mike Lebowitz Dec 20, 2023

Show notes

In this episode, Major Keoni Medici, former Associate Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews Lieutenant Colonel Michael Lebowitz, ADN Adjunct Professor and expert in the law that governs cyberspace. LTC Lebowitz discusses his research surrounding gaps in existing electronic surveillance laws and how the future quantum internet will outpace the law. LTC Lebowitz predicts that if not proactively addressed, these legal shortcomings will have a significant impact on U.S. national security. His article is titled “What Happens When the Packets Go Away? How the Quantum Internet Will Diminish Electronic Surveillance Programs and Change Cybersecurity Forever.” The article is published in print and online formats by the Boston University Journal of Science & Technology Law.

The Quill & Sword | CAAF Chats Ep 27: United States v. Smith (C.A.A.F 2023) Dec 13, 2023

Show notes

In this episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

The Quill & Sword | CAAF Chats Ep 26: United States v. Hasan (C.A.A.F 2023) (Part 3) Nov 29, 2023

Show notes

In this final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

The Quill & Sword | FredTalks Ep. 21: History of the LLM Program Nov 22, 2023

Show notes

Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of the LLM Program at TJAGLCS.

The Quill & Sword | NSL Unscripted | Episode 13 – The Climate Crises and U.S. National Security with Mark Nevitt Nov 15, 2023

Show notes

This episode features Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Professor Mark Nevitt of Emory Law School, to discuss the impact of climate change on U.S. national security. As one of the leading experts at the intersection of the climate crisis’ impact on U.S. national security and stability, Professor Nevitt labels this unconventional threat as both a “threat accelerant” and a “catalyst for conflict.” Professor Nevitt explains how existing domestic legal framework works to protect DoD assets and infrastructure from rising sea levels and catastrophic weather events. The discussion ends with how environmental factors have profoundly impacted the Russia-Ukraine conflict. Professor Nevitt discusses points from two of his recent publications linked here: https://scholarlycommons.law.northwestern.edu/nulr_online/335/ ; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4589536

The Quill & Sword | CAAF Chats Ep 25: United States v. Hasan (C.A.A.F 2023) (Part 2) Nov 15, 2023

Show notes

In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the UCMJ.Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

The Quill & Sword | FredTalks Ep. 20: History of FLEP Nov 08, 2023

Show notes

Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of the Funded Law Education Program in the JAG Corps.

The Quill & Sword | NSL Unscripted | Episode 12 – Deep Fakes with Major John Tramazzo Nov 01, 2023

Show notes

In this episode, Major John Tramazzo, Fellow and Professor of Law at the Stockton Center for International Law, is interviewed about his scholarship and research into Deep Fake technology. John shares his research, best reads for military practitioners, and some legal considerations for the military applications of this emerging technology. MAJ Tramazzo discusses points from this interview linked here: https://mwi.westpoint.edu/deepfakes-and-deception-a-framework-for-the-ethical-and-legal-use-of-machine-manipulated-media/

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