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HANDOUTS

from

THE
2026 CONTINUING LEGAL EDUCATION
AND
TRAINING PROGRAM

of the

UNITED STATES COURT OF APPEALS
FOR THE ARMED FORCES

May 13-14, 2026

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

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(updated 5/13/26)

Wednesday, May 13, 2026

Law at 250: History of Judicial Punishment and Non-Judicial Punishment &
Three Infamous Courts-Martial (SLIDES 1 & SLIDES 2)
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 Materials
James E. Valle, Rocks and Shoals: Order & Discipline
in the Old navy, 1800-1861 -- Chapter 1,
Naval Institute Press, 1980
Lincoln Caplan, The Jagged Edge: Desperate for Success,
Jeffrey Zander Compiled a Record of Battlefield Valor and Courtroom Heroics.
But after he Bungled a Case as a Military Lawyer, the Marine Corps
Began to Discover it was a Tale that No Officer and Gentleman Should Tell,
81 ABA Journal 52 (March 1995)
Herman Melville, Billy Budd, Sailor,
13 Litigation 60 [starts on page 72] (Summer 1987)
Borch, Readings List

Plea Agreements Under the UCMJ: A Comparative Service Approach (SLIDES)
CAPT Robert Monahan,
JAGC, U.S. Navy (Ret.),
U.S. Court of Appeals for the Armed Forces;
Col E. Dane Horne,
Chief, Air Force Military Justice Law and Policy Division;
LTC Steve Dray,
Complex Litigation Counsel, OSTC HQ;
LCDR Shannon Gearhart,
JAGC, USN,
Military Justice Policy Branch Head, Code-20

Written Materials
Brief, Plea Agreements Under the UCMJ: A Comparative Service Approach
Model Plea Agreement for the U.S. Coast Guard, U.S. Navy, and U.S. Marine Corps
Model Plea Agreement for the U.S. Army
Model Plea Agreement for the U.S. Air Force

Digital Evidence and the Law Update (SLIDES)
Major ReAnne R. Wentz,
U.S. Army,
Senior Defense Counsel, United States Army Trial Defense Service

Written Material
Outline, Digital Evidence and the Law Update

Finding Ithaca
Mr. Robert Weathers,
Historic Interpreter portraying George Wythe

Written Materials
Wythe Holt, George Wythe: Early Modern Judge,
58 Alabama Law Review 1009 (2007)
Lewis F. Powell Jr., George Wythe,
1990 Journal of Supreme Court History 25 (1990)
Dennis J. Callahan, Hither Shall You Go, But No Further -
George Wythe and the Origin of Judicial Review,
13 Experience 38 (2003)
Matthew J. Steilen, Genteel Culture, Legal Education, and
Constitutional Controversy in Early National Virginia,
41 Law and History Review 709 (2023)

Use (and Abuse) of Artificial Intelligence
in the Practice of Law (SLIDES)
Hon. John G. Browning,
Distinguished Jurist in Residence,
Faulkner University Thomas Goode Jones School of Law;
Mr. Ray Brescia,
Associate Dean for Research & Intellectual Life and
the Hon. Harold R. Tyler Chair in Law & Technology,
Albany Law School

Written Material
Materials Packet - Use (and Abuse) of Artificial Intelligence
in the Practice of Law

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Thursday, May 14, 2026

The Supreme Court and Mass Incarceration (SLIDES)
Professor Rachel E. Barkow,
Charles Seligson Professor of Law,
NYU School of Law

Written Material
Rachel E. Barkow, The Court of Mass Incarceration,
2021-2022 Cato Supreme Court Review 11 (2021-2022)

The Amended Rule of Evidence 702
on Testimony by Expert Witnesses
Distinguished University Professor David E. Bernstein,
Antonin Scalia Law School,
George Mason University

Written Materials
Federal Rule of Evidence 702 as amended 24 April 2023
David E. Bernstein and Eric G. Lasker, Defending Daubert:
It's Time to Amend Federal Rule of Evidence 702,
57 William & Mary Law Review 1 (2015)
Report of the Judicial Conference,
Committee on Rules of Practice and Procedure, September 2022

Law as a Weapon of War in 2026 (SLIDES)
Professor Orde F. Kittrie,
Sandra Day O'Connor College of Law,
Arizona State University

Written Material
Orde F. Kittrie, Lawfare, China, and the Grey Zone,
in Hybrid Threats and Grey Zone Conflict edited by Mitt Regan and Aurel Sari,
Oxford University Press, 2024

Recent Topics in Military Justice:
A Canadian Model for U.S. Military Cannabis Policy (SLIDES)
MAJ Nicholas D. Turner,
Deputy Staff Judge Advocate,
Military Intelligence Readiness Command
The Collateral Consequences of Court-Martial Convictions and
the Need to Reform Military Sentencing Practice (SLIDES)
Major Emma Fowler,
Senior Defense Counsel
Peremptory Challenges in Capital Courts-Martial: Historical Analysis,
Modern Capital Voir Dire, and Proposed Changes (SLIDES)
Major Joshua R. Storm,
U.S. Army Judge Advocate General Corps

Written Materials
Defence Administrative Orders and Directives 9004-1,
Use of Cannabis by CAF Members (Canada)
An Empirical Asessment of the U.S. Army's Enlistment Waiver Policies,
RAND RR4431 Report, RAND Corporation, 2021
Emma K. Fowler, A "Civil Death" of the Military Accused:
The Vast Impacts of Collateral Consequences of Court-Martial Convictions
and the Need to Reform Military Sentencing Practice,
232 Military Law Review 29 (2025)
Joshua R. Storm, Voir Dire, Voir Dire, Everywhere, but Not a Strike to Spare:
A Defense-Focused Proposal to Increase Peremptory Challenges in Military Capital Cases,
231 Military Law Review 579 (2025)

Professional Responsibility: Legal Ethics as Leaders
in a Dual Profession Part I (SLIDES)
Major Curtis N. Cranston,
Associate Professor,
The Judge Advocate General's Legal Center & School (TJAGLCS)

Written Material
Outline, Legal Ethics & Artificial Intelligence
in Our Dual Profession

Professional Responsibility: Legal Ethics as Leaders
in a Dual Profession Part II (SLIDES)
Major Curtis N. Cranston,
Associate Professor,
The Judge Advocate General's Legal Center & School (TJAGLCS)

Written Material
Outline, Professional Responsibility for Litigators