# MISSION

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The Military Law Review serves as the premier academic journal for military legal            scholarship, publishing articles that advance the practice of military law and contribute to its discourse            by proposing changes to law, policy, and practice.

## Volume 231 | Issues 1-2****

#### Issue 1

### Complete Issue PDF

### Transforming                                                                Military Justice: The 2022 and 2023 National Defense                                                                Authorization Acts

#### Professor David A. Schlueter &                                                            Associate Dean Lisa Schenck

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### The Death of                                                                Neutrality in Djibouti: Inviting Strategic Competitors,                                                                The United States and China, to Build Military Bases                                                                Within Its Borders

#### Major Adam S. Reitz

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### Procurement by                                                                Other Means: Reforming Warzone Contracting

#### Major Anthony A. Contrada

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### The Sixteenth                                                                Waldemar A. Solf and Marc L. Warren Chair Lecture in                                                                National Security Law: Law of Armed Conflict in the                                                                Dark

#### Professor Laurie R. Blank

#### Issue 2

### Complete Issue PDF

### Can Grandpa Really Be Court-Martialed? The Constitutionality of Imposing Military Law Upon Retired Personnel

#### Major Marc J. Emond 

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### A Higher Calling: U.S. Military Cannabis Policy After Legalization

#### Major Nicholas D. Turner 

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### The Self-Autonomous Accused: Is the Court-Martial System Ready for the Effects of *McCoy v. Louisiana?*

#### Major Dustin L. Morgan

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### The Impact Of Panel Size On The Reliability Of Criminal Verdicts In A Military Justice Context 

#### Isaac Kennen, Christopher Stein, Michelle Drouin, Kenneth Bordens, & Dan Coroian 

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#### Lecture

### The Fiftieth Kenneth J. Hodson Lecture on Criminal Law

#### Colonel (Retired) Lawrence J. Morris 

## Volume 230 | Issues 1 - 4****

#### Issue 1

### Compelled                                                                Decryption in the Military Justice System: Whether the                                                                Article 30a, UCMJ, Investigative Subpoena Is a Lawful                                                                and Practical Method to Obtain an Accused’s                                                                Electronic Device in an Unencrypted State

#### Major Jeffrey C. Sullivan

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### Fixing the                                                                Randolph-Sheppard Act: Serving up Some Common                                                                Understanding

#### Major Collin S. Allan

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### No Effort Spared:                                                                Building a New Protocol to the Biological Weapons                                                                Convention in the Pandemic Age

#### Major A. Grayson Irvin

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### Slow Is Smooth                                                                and Smooth Is Fast: How Mandatory Technology Readiness                                                                Assessments Will Enable Rapid Middle Tier                                                                Acquisitions

#### Major MaCayn A. May

#### Issue 2

### Preventing                                                                Protest Purgatory: Providing Clarity By Placing                                                                Prototype Other Transaction Jurisdiction With The Court                                                                Of Federal Claims

#### Major Anthony V. Chanrasmi

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### The Modern-Day                                                                Scarlet Letter: Challenging The Application of Mandatory                                                                Sex Offender Registration and Its Collateral Designation                                                                On Members Of The Armed Forces

#### Major Alex Altimas

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### Procurement Fraud                                                                Remedies: Achieving Meaningful Restitution

#### Major Joseph D. Levin

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### Second Thomas J.                                                                Romig Lecture In Principled Legal Practice: Principaled                                                                Legal Practice By Justice Robert H. Jackson At                                                                Nuremberg

#### Professor John Q. Barrett

#### Issue 3

### Regulatory                                                                Reclassification of PFAS Could Be a BRAC-Breaker

#### Major Keaton Norquist

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### "Equality of                                                                Treatment": How Service Members of Color Are                                                                Disproportionately Impacted By The Military Law                                                                Enforcement's Titling Process

#### Major Reanne R. Wentz

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### Third Thomas J.                                                                Romig Lecture in Principled Legal Practice

#### Brigadier General (Retired) John S.                                                            Cooke

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### The Inaugural                                                                Kenneth Gray & Phyllis Propp-Fowle Lecture on                                                                Diversity, Equality, and Inclusion

#### Major General (Retired) Kenneth D.                                                            Gray

#### Issue 4

### Complete Issue PDF

### Rules of Engaging                                                                in Foreign Disaster Relief: A Proposal 

#### Major Leslie M. Schmidt

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### Exploitation

#### Lieutenant Colonel Gregg Curley

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### Giving the                                                                Cybersecurity Maturity Model Certification Teeth:                                                                Ensuring Compliance in Contractor Self-Certifications                                                            

#### Major Thomas J. Hoesman

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### The Second                                                                Kenneth Gray & Phyllis Propp-Fowle Lecture on                                                                Diversity, Equity, and Inclusion 

#### Lieutenant General (Retired) Flora D.                                                            Darpino

## Volume 229 | Issues 1 - 4****

#### Issue 1

### We're Doing                                                                This Wrong: The Department of Defense's Application                                                                of the Gun Control Act of 1968 Infringes Upon Some                                                                Service Members' Right to Purchase and Possess                                                                Personal Firearms

#### Major Ryan C. Lipton

### Not Harmless:                                                                C.A.A.F.'s Flawed Approach to Plain Error Review in                                                                United States v. Tovarchavez

#### Major Jeremy S. Watford

### Addressing the                                                                Foreign ISIS Fighter Problem: Detention and Prosecution                                                                by the Syrian Democratic Forces

#### Major Kevin S. Coble

#### Issue 2

### Foreword

#### Fred L. Borch III

### Opening Remarks                                                                for the Seventy-fifth Anniversary of the International                                                                Military Tribunal at Nuremberg

#### Colonel Sean T. McGarry

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### The Nuremberg                                                                Military Tribunals: A Short History

#### Fred L. Borch III

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### German Justice on                                                                Trial: The Justice Case

#### William F. Meinecke Jr.

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### Individual                                                                Criminal Responsibility for War Crimes

#### Geoffrey S. Corn

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### “Smoothing                                                                Out” the IMT Judgment: The Legal Legacy of the                                                                Twelve Subsequent Military Tribunals

#### Gary D. Solis

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### Guidelines on                                                                Investigating Violations of International Humanitarian                                                                Law and Practical Mechanisms for                                                                Accountability—Today and Beyond

#### Andrea Joy Harrison

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### Nuremburg and the                                                                Role(s) of Accountability in the Law of Armed                                                                Conflict

#### Thomas B. Nachbar

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### The Significance                                                                of the Nuremberg International Military Tribunals on the                                                                Practice of Military Law

#### Lieutenant General Charles N. Pede                                                        

#### Issue 3

### The Rise of the                                                                “Fifth Fight” in Cyberspace: A New Legal                                                                Framework and Implications for Great Power                                                                Competition

#### Major Laura B. West

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### Targeting                                                                Submarine Cables: New Approaches to the Law of Armed                                                                Conflict in Modern Warfare

#### Lieutenant Commander Dennis E. Harbin                                                            III

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### Medals                                                                “Ridiculously Given”? The Authority to                                                                Award, Revoke, and Reinstate Military Decorations in                                                                Three Case Studies Involving Executive Clemency

#### Dwight S. Mears

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### The                                                                Thirty-Seventh Charles L. Decker Lecture in                                                                Administrative and Civil Law: Military Law in Uncertain                                                                Times

#### Edwin Meese III

#### Issue 4

### Law and Its                                                                Limits “Left of Launch”

#### Christopher A. Ford

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### Restoring Due                                                                Process and Strengthening Prosecutions: Making the                                                                Article 32, UCMJ, Hearing Binding

#### Major Matthew L. Forst

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### It Is All About                                                                Risk: The Department of Defense Should Use the Army                                                                Materiel Command’s Agency-Level Bid Protest                                                                Program as Its New Risk Management Tool

#### Major Bruce L. Mayeaux

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### The Power is                                                                Yours: The Justification for Military Intervention to                                                                Respond to an Environmental Threat

#### Major Christopher S. Simmons

## Volume 228 | Issues 1 - 4****

#### Issue 1

### Building A Home                                                                Away From Home: Establishing Operational Control in a                                                                Foreign Country

#### Major Clayton J. Cox

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### Funding Surrogate                                                                Forces in the Fight Against Terrorism

#### Major Daniel W. Hancock, III

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### Confessions of a                                                                Convicted Sex Offender in Treatment: Should They Be                                                                Admissible at a Rehearing?

#### Major Colby P. Horowitz

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### Laws and Lawyers:                                                                Lethal Autonomus Weapons Bring LOAC Issues to the Design                                                                Table, and Judge Advocates Need to Be There

#### Major Annemarie Vazquez

#### Issue 2

### Where the                                                                Personal Jurisdiction Ends: A Bright-Line Rule for                                                                Determining When the Military Loses in Personam                                                                Jurisdiction

#### Major Sean P. Mahard

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### Targeting Mr.                                                                Roboto: Distinguishing Humanity in Brain-Computer                                                                Interfaces

#### Commander Guy W. Eden

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### Alexa, Whose                                                                Fault Is It? Autonomous Weapon Systems Investigations                                                                and the Importance of a Deliberate Accountability                                                                Process

#### Major Thomas G. Warschefsky

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### Giving the                                                                Referee a Whistle: Increasing Military Justice                                                                Legitimacy by Allowing Military Judges to Reject Plea                                                                Agreements with Plainly Unreasonable Sentences

#### Major Adam Wolrich

#### Issue 3

### The Fight Against                                                                ISIS Has Changed—So Should Its Funding Source

#### Major Christopher D. Elder

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### Exercise                                                                Jurisdiction at the Edge—What Happens Next? An                                                                Analysis of International Criminal Court Substantive Law                                                                as Applied to Non-Party State Nationals

#### Major Kevin M. Junius

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### The Thirteenth                                                                Waldemar A. Solf and Marc L. Warren Chair Lecture in                                                                National Security Law: Defending Defense in the Law of                                                                Jus ad Bellum

#### John Norton Moore

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### Razing Hills:                                                                Repairing Military Rule of Evidence 413 in Response to                                                                United States v. Hills

#### Lieutenant Commander Jeffrey C.                                                            Barnum

#### Issue 4

### Virtue Lies In                                                                Moderation: The Department of Defense's Overboard                                                                DNA Criminal Indexing System

#### Captain Ryan M. Farrell &                                                            Lieutenant Colonel Christopher J. Goewert

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### Command                                                                Prosecutorial Authority And The Uniform Code Of Military                                                                Justice—A Redoubt Against Impunity And A National                                                                Security Imperative

#### Lieutenant Colonel James T. Hill

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### Thirty Years                                                                After Egan: Defining Executive Branch Authority In                                                                Civilian Personnel Decisions Motivated By National                                                                Security Concerns

#### Michael J. Carlson

## Volume 227 | Issues 1 - 4 ****

#### Issue 1

### Automatism: A                                                                Complete Yet Imperfect Defense

#### Captain Brendan J. McKenna

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### "So                                                                You're Telling Me There's a Chance"1: Why                                                                Congress Should Seize the Opportunity to Reform Article                                                                37 (UCI) of the UCMJ

#### Colonel John Loran Kiel, Jr.

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### Challenging                                                                Children: A Primer on Cross-Examining Child                                                                Witnesses

#### Major Katherine L. DePaul

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### Money Talks and                                                                We Know What Walks: A Primer on Successfully Prosecuting                                                                Entitlement Fraud Cases

#### Major Mitchell D. Herniak

#### Issue 2

### The Deputy                                                                "To[o]" Problem: An Officer, An Employee                                                                Supervisor, and the Appointments Clause

#### Major Justin C. Barnes

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### Combat Stress                                                                Claims: Veterans' Benefits and Post-Separation                                                                Character of Service Upgrades for "Bad Paper"                                                                Veterans After the Fairness for Veterans Act

#### Major Bryant A. Boohar

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### Petitioning the                                                                Army Court of Criminal Appeals for a Writ: A Practical                                                                Guide for Special Victims' Counsel

#### Major Christopher D. Donlin

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### The Special Court                                                                for Sierra Leone: A Potential Model for Establishing The                                                                Rule of Law After Large Scale Combat Operations

#### Major Dale McFeatters

#### Issue 3

### Substantive                                                                Technicalities: Understanding the Legal Framework of                                                                Humanitarian Assistance in Armed Conflicts Through the                                                                Prescription of Technical Arrangements

#### Major Tzvi Mintz

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### Keeping                                                                Commitments: A Balanced Approach To Termination For                                                                Convenience

#### Major Justin Hess

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### Australia’s                                                                War Crimes Trials 1945-51

#### Fred L. Borch III

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### Feeling So Fly                                                                Like A C12 (Or Maybe A UC35, Depending On Availability):                                                                A Primer On Utilizing MILAIR For Official Travel

#### Major Joshua J. Tooman

#### Issue 4

### Human Rights                                                                Convergence and Future Detention Operations in the                                                                Indo-Pacific

#### Colonel Ryan B. Dowdy

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### Other Security                                                                Forces Too: Traditional Combatant Commander Activities                                                                Between U.S. Special Operations Forces and Foreign                                                                Non-Military Forces

#### Major Jason A. Quinn

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### Paying for Their                                                                Deaths: How the “Widow Tax” Targets and                                                                Penalizes Surviving Spouses of Fallen Soldiers and                                                                Retirees

#### Major Jenna C. Ferrell

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### The First Thomas                                                                J. Romig Lecture in Principled Legal Practice

#### Alberto Mora

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## Frequently Asked Questions

## What is the Military Law Review (MLR)?****

Since its inception in 1958 at The Judge Advocate General’s                                School, U.S. Army, in Charlottesville, Virginia, MLR has served as an academic journal                                that encourages a full and frank discussion of legislative, administrative, and judicial                                principles through a scholarly examination of the law and emerging legal precepts. In                                support of that mission, MLR publishes scholarly articles that are relevant to, and                                materially advance, the practice of law within the military.

## Is content within MLR the official stance of the Army or the JAG Corps?****

*The Military Law Review*does not promulgate official policy. An                                article’s content is the sole responsibility of that article’s author, and                                the opinions and conclusions that are reflected in an article are those of the author                                and do not necessarily reflect the views of the U.S. Government, the Department of                                Defense, the Department of the Army, The Judge Advocate General’s Corps, The Judge                                Advocate General’s Legal Center and School, or any other governmental or                                non-governmental agency.

## What are MLR’s submission requirements?****

*The Military Law Review* accepts manuscript submissions from                                military and civilian authors. Both a relevant subject matter expert and the MLR board                                of editors review any work submitted for publication. In determining whether to publish                                a work, the board considers the work in light of MLR’s mission and evaluates the                                work’s argument, research, and style.

No minimum or maximum length requirements exist, though generally, the MLR                                publishes pieces that are thirty pages or more when double spaced with 1-inch margins                                and 12-point font.

Footnotes should be numbered consecutively from the beginning to the end of                                the manuscript rather than by section.

Citation standards require a citation for every factual assertion throughout                                the piece.

Citations must conform to *The Bluebook: A Uniform System of Citation*                                (21st ed. 2020) and the *Military Citation Guide* (25th ed. 2022).

Submissions should provide biographical data for each author, including                                branch of service, duty title, present and prior positions or duty assignments, all                                degrees (with names of granting schools and years received), and previous publications.                            

If submitting a lecture or paper prepared in partial fulfillment of degree                                requirements, the author should include the date and place of delivery of the lecture or                                the date and source of the degree.

Submissions must be in Microsoft Word format and should be sent via                                email to the Editor, Military Law Review, at                                     usarmy.charlottesville.hqda-tjaglcs.mbx.military-law-review@army.mil.

## Is MLR available in print?****

Currently, MLR is not available in print form. It is published                                digitally and available online at https://tjaglcs.army.mil/mlr

## How do I cite to an MLR article?****

Cite MLR articles with the following format, which follows *The                                    Bluebook: A Uniform System of Citation:*

Author Name(s), *Article Title,*[Volume Number] MIL. L. REV.                                [page number] (year).

## Are MLR articles copyrighted?****

Unless noted in an article’s title, all articles are works of the                                U.S. Government in which no copyright subsists. When copyright is indicated in the                                title, please contact the *Military Law Review,*                                    usarmy.charlottesville.hqda-tjaglcs.mbx.military-law-review@army.mil for                                copyright clearance.