About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

227 Mil. L. Rev. 1 (2019)

handle is hein.journals/milrv227 and id is 1 raw text is: 














MILITARY LAW REVIEW


                             Volume   227
                                Issue 1



   SO  YOU'RE TELLING ME THERE'S A CHANCE1: WHY
      CONGRESS SHOULD SEIZE THE OPPORTUNITY TO
           REFORM ARTICLE 37 (UCI) OF THE UCMJ

                     Colonel John Loran  Kiel, Jr. *



    In the past year and a half, the Court of Appeals for the Armed Forces
(CAAF)   has created a lot of tumult with respect to the way it adjudicates
unlawful command   influence (UCI) claims. In the Spring of 2017, CAAF
decided  United  States v. Boyce2,  which  abolished  the longstanding
requirement  to find prejudice to the accused  in claims involving the
appearance of UCI.3  Sixteen months later, the court held in United States
v. Barry', that intent was no longer required to unlawfully influence, by
unauthorized  means,  the action  of a convening   authority in claims



  DUMB AND DUMBER (New Line Cinema 1994).
* Judge Advocate, U.S. Army. Presently assigned as the Kenneth J. Hodson Chair of the
Criminal Law Department, The Judge Advocate General's School, U.S. Army,
Charlottesville, Virginia.  LL.M., 2008, The Judge Advocate General's School,
Charlottesville, Virginia; J.D., 1999, The Florida State University College of Law,
Tallahassee, Florida; B.A., 1996, Brigham Young University, Provo, Utah. Previous
assignments include Deputy Staff Judge Advocate, I Corps & Joint Base Lewis-McChord,
Washington, 2015-2017; Chief, Policy Branch, Criminal Law Division, Office of The
Judge Advocate General, Washington, D.C., 2013-2015; Deputy Staff Judge Advocate, 7th
Army  Joint Multinational Training Command, Grafenwoehr, Germany, 2011-2013;
Brigade Judge Advocate, 1st and 3rd Brigade Combat Teams, 82nd Airborne Division,
Fort Bragg, North Carolina, 2008-2010; Assistant Professor of Law, United States Military
Academy, West Point, New York, 2005-2007; Trial Defense Counsel, U.S. Army Trial
Defense Service, Vilseck, Germany, 2003-2005; Operational Law Attorney, Senior Trial
Counsel, Trial Counsel, and Tort Claims Attorney, XVIII Airborne Corps, Fort Bragg,
North Carolina, 1999-2003. Member of the Florida Bar.
2 76 M.J. 242 (C.A.A.F. 2017).
3 Id.
4 78 M.J. 70 (C.A.A.F. 2018).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most