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HANDOUTS

from

THE
2025 CONTINUING LEGAL EDUCATION
AND
TRAINING PROGRAM

of the

UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES

May 14-15, 2025

George Mason University
Antonin Scalia Law School
Van Metre Hall
3351 Fairfax Drive
Arlington, VA 22201

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(updated 5/13/25)

Wednesday, May 14, 2025

Law and Digital Media Update (SLIDES)
MAJ ReAnne R. Wentz,
U.S. Army, Associate Professor,
The Judge Advocate General's School and Legal Center

Written Material
Brief, Digital Evidence and the Law Update (May 2025)

Comparison of Four Allied Military Justice Systems
Judge Gregory Maggs,
U.S. Court of Appeals for the Armed Forces,
Moderator,
CAPT Robert Monahan,
JAGC, U.S. Navy (Ret.),
Commissioner to the Honorable Kevin A. Ohlson,
U.S. Court of Appeals for the Armed Forces,
Judge Alan Large,
Judge Advocate General of the United Kingdom,
Captain (Navy) C. Julie Deschênes,
Chief Military Judge of Canada, and
Wing Commander Joshua Liddy,
Legal Officer - Director Space Legal, Australia Space Command

Written Material
Outline, Comparison of Four Allied Military Justice Systems

The Puzzling Persistence of Capital Punishment (SLIDES)
Professor Craig Lerner,
Antonin Scalia Law School, George Mason University

Written Material
Craig S. Lerner, The Puzzzling Persistence of Capital Punishment,
38 Notre Dame journal of Law, Ethics & Public Policy 39 (2024)

Military Justice Review Panel: The 2024 Comprehensive Review
and Assessment of the Uniform Code of Military Justice (SLIDES)
Dr. Elizabeth Hillman,
Chair,
COL Tara Osborn,
U.S. Army (Ret.), Vice- Chair, and
MajGen John Ewers,
U.S. Marine Corps (Ret.)

Written Material
Military Justice Review Panel: 2024 Comprehensive Review and
Assessment of the Uniform Code of Military Justice, December 2024

Evaluating the Scope of the Psychotherapist-Patient Privilege
Under M.R.E. 513 (SLIDES)
Ms. Suzanne Goldberg,
Herbert and Doris Wechsler Clinical Professor of Law
at Columbia Law School, and
William Cassara
Attorney at Law, DAC-IPAD Committee Member

Written Material
Staff-Prepared Summary of Information on the Scope of the
Psychotherapist-Patient Privilege in the Military Justice System

International Criminal Law and Cultural Property (SLIDES)
Mark A. Drumbl,
Class of 1975 Alumni Professor of Law and Director,
Transnational Law Institute, Washington and Lee University

Written Material
Mark A. Drumbl, "The International Criminal Court and Cultural Property," in The Preservation of Art and Culture in Times of War, Oxford University Press, 2022

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Thursday, May 15, 2025

Why did Congress Amend the Articles of War after World War II? (SLIDES)
COL Fred L. Borch,
U.S. Army, (Ret.), Professor of Legal History & Leadership,
The Judge Advocate General's Legal Center and School, (Ret.),
Regimental Historian & Archivist, The Judge Advocate General's Corps, (Ret.)

Written Material
Fred L. Borch, Why did Congress Amend the Articles of War after World War II?
88 The Journal of Military History 1002 (October 2024)

75 Years of the Uniform Code of Military Justice
RDML Moira Modzelewski,
JAGC, U.S. Navy, (Ret.),
Chair,
Appeal Board, Defense Office of Hearings and Appeals,
Senior Judge Andrew S. Effron, (SLIDES)
U.S. Court of Appeals for the Armed Forces
John Cooke, (SLIDES)
Director, Federal Judicial Center; and
Dwight H. Sullivan, (SLIDES)
Senior Counsel, U.S. Air Force Appellate Defense Division

Written Material
Outline of Topics for Discussion:The 75th Anniversary of the
Uniform Code of Military Justice

Recent Topics in Military Justice
Maj Casey Keppler, (SLIDES)
U.S. Air Force,
Maj Jeffrey C. Sullivan, (SLIDES)
U.S. Air Force,
Maj Nicole Rimal, (SLIDES)
U.S. Marine Corps,
LTJG Stephen Paul, (SLIDES)
JAGC, U.S. Navy, and
Mr. Cooper Millhouse (SLIDES)

Written Materials
Casey R. Keppler, The New and Improved Residual Hearsay Exception,
Army Lawyer 2023:2 at 44
Major Jeffrey C. Sullivan, Compelled Decryption in the Military Justice:
Whether the Article 30A, UCMJ, Investigatitve Subpoena is a Lawful and Practical Method
to Obtain an Accused's Electronic Device in an Unencrypted State
230 Military Law Review 1 ((2022),
Major Nicole A. Rimal, Omitting Child Pornography From Guilty PLeas,
Army Lawyer 2022:1 at 40,
Cooper C. Millhouse and Stephen Paul, How to Handle the Truth:
Avoiding Improper Sentencing Argument in Courts-Martial,
52 Hofstra Law Review 855 (2024)

Ethics: Things Lawyers Say that Get them into Trouble (SLIDES)
The Honorable Martin Mitchell,
Veterans Law Judge, Board of Veterans' Appeals

Written Material
Brief, Things Lawyers Say that Get them into Trouble:
Truth, Candor and Misconduct (May 2025)

Ethics: State Bar Oversight of Federal Government/Military Attorneys (SLIDES)
The Honorable Martin Mitchell,
Veterans Law Judge, Board of Veterans' Appeals

Written Material
Brief, State Bar Oversight of Federal Government and Military Attorneys (May 2025)