Explore every episode of the podcast The Quill & Sword

In this episode, we unpack GSA's new data safeguarding clause (GSAR 552.239-7001) for acquiring large language models and super intelligence capabilities. The hosting team breaks down the clause's two-part applicability test, strict bans on using federal data to train commercial algorithms, and key compliance standards for intellectual property rights, subcontractor flowdowns, and 72-hour incident reporting. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we explore how the International Traffic in Arms Regulations (ITAR) applies directly to military officers deployed alongside foreign coalition partners, breaking down how defense articles, technical data, and "deemed exports" are strictly regulated under federal law. The hosts examine high-risk operational platforms like unmanned aerial systems (UAS) and counter-drone jammers, detail legal sharing pathways such as Foreign Military Sales and AUKUS, and outline a practical four-step battle drill for military personnel navigating export compliance downrange. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we analyze how the overhaul of FAR Part 18, emergency acquisitions by condensing FAR Part 18 and relocating general acquisition flexibilities to a centralized reference at acquisition.gov. Listeners will learn how the updated RFO framework eliminates redundant non-statutory language while retaining critical higher spending thresholds, local contracting preferences, and key statutory emergency authorities. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the discovery and disclosure rules under R.C.M. 701 and R.C.M. 703, highlighting the tension between a victim's Fourth Amendment privacy rights in digital evidence and the accused's statutory right to discovery. We examine whether the military judge erred in denying defense access to a complete forensic data extraction of the victim's cell phone when the government held physical possession of the data, but the victim had consented only to a limited, location-related search. We provide key takeaways on the strategic trial application of the harmless error standard, the evolving definition of physical possession in the digital age, and the broader appellate trajectory of balancing Fourth versus Sixth Amendment rights in military courts. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we analyze the overhaul of FAR Part 17, highlighting key additions such as the explicit codification of reverse auctions and the removal of the default five-year ceiling on option periods. We also discuss structural streamlining across the subparts, the relocation of procedural best practices to the non-regulatory FAR Companion, and the broader policy shift toward judgment-based procurement practices. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/

In this episode, we explore the major shift in FAR Part 16 from a restrictive to a permissive regulatory philosophy, as well as the new agency justification requirements for non-fixed-price contracts introduced under Executive Order. We also break down key structural reorganizations across the subparts and highlight new acquisition flexibilities, including establishing BPAs under IDIQ contracts and the formal codification of vendor on-ramps and off-ramps. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we unpack the massive revamp of FAR Part 13, which completely strips out commercial clutter to focus strictly on simplified procedures for non-commercial acquisitions. We discuss operational updates for contracting officers, including the migration of payment clauses to Part 32, the transition to a dynamic online list of inapplicable laws, and the strict new legal distinction between canceling an unaccepted purchase order versus terminating an accepted one. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we examine FAR Part 9, explaining how major sections—including pre-award surveys and contractor team arrangements—have been removed from codified regulation and relocated to the non-regulatory FAR Companion Guide. We also detail core retained statutory standards updated for plain language, along with critical new administrative rules that make non-compliance a direct trigger for suspension or debarment proceedings. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the residual hearsay exception under M.R.E. 807 and the Sixth Amendment right to present a complete defense under Chambers v. Mississippi. We examine whether the military judge arbitrarily excluded a third party's recorded confession and apology letter to the victim's parents, and whether admitting that evidence for impeachment alone infringed a weighty interest of the accused. We provide takeaways on the current trustworthiness standard, the line between judicial gatekeeping and panel credibility determinations, and the appellate risk of excluding exculpatory evidence. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the hearsay exception for prior consistent statements under M.R.E. 801(d)(1)(B) and the Frost and Finch factors that govern each subsection. We examine whether a victim's statements to law enforcement were admissible to rehabilitate credibility attacked on the “other ground” of faulty memory in Ruiz, and of inconsistency in Brown, along with CAAF's clarification of Ayala on when both subsections may apply. We provide takeaways on anticipating impeachment, making strategic decisions about highlighting inconsistencies, and using bench briefs to frame the issue for the military judge. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we break down the mandatory priority ladder for federal procurement, guiding contracting professionals through the essential "rules of the road" for sourcing supplies and services. They also highlight crucial updates on using the Spend Under Management tiers, the relocation of Federal Supply Schedule procedures to the GSAM, and the streamlined three-day explanation process for unsuccessful quoters. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we unpack two proposed rules from the Small Business Administration (SBA) that could qualify companies with up to half a billion dollars in annual revenue as small businesses. The hosting team breaks down the five major proposed shifts—including massive NAICS code consolidation, a preference for headcount-based standards, and the "hold harmless" policy—detailing exactly how these changes will reshape the "rule of two" and the competitive landscape for federal contractors. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we dive into the Revolutionary FAR Overhaul (RFO) to explain how FAR Part 8 has been completely restructured, consolidating three FAR parts into one and moving Federal Supply Schedule (FSS) ordering procedures out of the FAR and into the GSAM. We detail essential shifts for acquisition professionals, including the new required-use contract hierarchy, defense-specific deviations, and the strict three-day timeline for providing brief explanations to unsuccessful quoters. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department).

In this episode, we examine the transition from prescriptive checklists to a dynamic acquisition planning process that moves procedural "how-tos" into the non-regulatory FAR Companion Guide. The discussion highlights the unification of consolidation and bundling into a single framework, alongside new transparency requirements designed to protect small business incumbents. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the CAAF's ruling that a defense counsel's statement of “no motions” at arraignment constituted an affirmative, express waiver of a multiplicity challenge to duplicative Article 128b domestic violence specifications. We examine the tension between waiver and forfeiture, the majority's reliance on the absence of an ineffective assistance of counsel claim, and the dissent's concern that constitutional double jeopardy rights were relinquished without any showing the accused personally understood or intended to give them up. We also discuss the still-unresolved question, left open in both Malone and the subsequent Ford decision, of what constitutes the “unit of prosecution” for Article 128b offenses, and provide takeaways for practitioners on documenting client conversations, charging strategy for “super specs,” and preserving multiplicity issues for appeal. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we explore the historical roots of sealed bidding and its modern transformation under the Revolutionary FAR Overhaul (RFO), which reorganizes FAR Part 14 into a more accessible, lifecycle-based structure,. The discussion highlights the transition of non-regulatory best practices to the new FAR Companion, the removal of outdated procedures like facsimile bids, and the consolidation of two-step sealed bidding to create a leaner, more organized rulebook. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review whether a suspect's statement, “I would like to speak to a lawyer, but um, yeah,” was an unequivocal invocation of the right to counsel under Article 31, UCMJ principles. We examine how the Court of Appeals for the Armed Forces applied Edwards v. Arizona and Davis v. United States, and how the majority and dissent split over whether the words “but um, yeah” were meaningless filler words or introduced genuine ambiguity into the invocation. We provide takeaways for practitioners on evaluating motions to suppress based on the precise wording of a client's request for counsel. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In the premiere episode of The Backbone, host 1SG Green brings together leaders from across the Judge Advocate General’s Corps for a special National Paralegal Appreciation Day discussion focused on the evolution of Army legal practice, professional development, and the future of the Army’s Paralegal. Joined by CSM Bostic, the 14th Regimental Command Sergeant Major of the U.S. Army Judge Advocate General’s Corps; 1SG Washington, Project Lead for the 27D Paralegal Handbook; SFC Grell, Project Lead for the Legal Technician Standard Training Package (STP); and LTC Wilson, providing the operational Judge Advocate perspective, the panel explores how leadership, doctrine, operational experience, and innovation are transforming the way Army legal professionals support commanders and Soldiers. Together, they discuss the modernization of the 27D Paralegal Handbook, the development of the Legal Technician Standard Training Package (STP), the importance of professional development, and the leadership required to prepare the next generation of Army paralegals. The conversation highlights how doctrine, operational experience, education, and innovation work together to strengthen the Corps and ensure legal professionals remain ready to meet the demands of an evolving operational environment. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we explore the Revolutionary FAR Overhaul (RFO) of Part 19, which reorganizes small business regulations into acquisition life cycle stages while moving non-regulatory best practices to the FAR Companion. The discussion highlights critical updates for practitioners, such as the mandatory Rule of Two at the master contract level and a new, efficient process for automatically releasing requirements from the 8(a) program. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the interplay between unlawful command influence (UCI) and a plea agreement's waiver of all waivable motions. We examine whether a “waive all waivable motions” provision, confirmed through a judge's colloquy, forecloses appellate review of a UCI claim even when the accused later alleges his defense counsel misadvised him about its effect. We provide takeaways on the importance of thorough judicial inquiries into waiver provisions, precise and documented advice from defense counsel on what a plea waives, and the correct legal standard for assessing prejudice in ineffective assistance of counsel claims tied to a guilty plea. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we discuss navigating the Revolutionary FAR Overhaul (RFO) using updated tools on acquisition.gov, including practitioner albums for change summaries and the new FAR Companion. The panel outlines how to locate agency-specific supplements like the AFARS and DFARS, while providing strategies for researching primary sources such as National Defense Authorization Acts (NDAAs) and GAO case law. Finally, the episode introduces the newly renamed Acquisition Attorney’s Deskbook and explores the evolving role of closed and open AI tools in conducting streamlined legal analysis. Resources Links Deskbooks: Attorney’s Acquisition Deskbook: tjaglcs.army.mil/publications Fiscal Law Deskbook: tjaglcs.army.mil/publications Primary Sources: FAR: www.acquisition.gov/ RFO: www.acquisition.gov/far-overhaul RFO Practitioner Albums: www.acquisition.gov/far-overhaul/practitioner albums FAR Companion: www.acquisition.gov/sites/default/files/page_file_uploads/far-companion.pdf AFARS Link: www.army.mil/armycontracting#org-afars DFARS: www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html and https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html U.S. Code and Statutes: uscode.house.gov/ Congress: www.congress.gov/ DoD History & Library Directorate: whs mil.libguides.com/dodappropriationslaws GAO: www.gao.gov/legal/bid-protests/search Court of Federal Claims (COFC): www.uscfc.uscourts.gov/ Armed Services Board of Contract Appeals (ASBCA): www.asbca.mil/ Secondary Sources: Congressional Research Reports: www.congress.gov/quick-search/crs products?qs_expand=true WIFCON.com: www.wifcon.com Small Gov Con: www.smallgov.com StanHinton: www.stanhinton.com Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department).

In this episode, we review the notice requirements for an offense of conduct unbecoming an officer under Article 133.  We examine preemption rules and whether an accused has fair notice that kissing a junior enlisted trainee constitutes conduct unbecoming an officer.  We provide takeaways on drafting specifications and preserving issues for appeal. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department).

In this episode, we explores the 75-year history of the Small Business Administration, tracing its origins from World War II defense advocacy to its modern role in managing government-wide contracting goals. The discussion also covers essential topics for practitioners, including the "Rule of Two," recent legal shifts in the 8(a) program, and upcoming acquisition reforms in the FY26 NDAA. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we analyze the Revolutionary FAR Overhaul FAR Part 12, which streamlines commercial acquisitions by reorganizing the part into lifecycle-based subparts and cutting approximately 30% of associated provisions and clauses. The discussion explores key updates such as the inclusion of construction as a commercial service, a new emphasis on mandatory priority sources, and the shift from a rigid "late is late" rule to a "good business judgment" standard for late offers. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we examine how the Revolutionary FAR Overhaul (RFO) replaces rigid market research checklists with professional judgment and modular acquisition strategies designed to reduce risk. The discussion highlights the shift toward outcome-based contracting and new DFARS requirements for documenting research efforts, such as analyzing capabilities and determining if tiered evaluations are appropriate. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we analyze the comprehensive restructuring of DFARS Part 227, which organizes intellectual property into commercial and non-commercial "hemispheres" and introduces a new unified "super clause" for technical data and software. The episode also highlights critical substantive updates, including the extension of the validation timeline to six years and a new strategic emphasis on resolving validity questions prior to award. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, discuss the Department of War's transition from traditional, siloed acquisition systems to an agile, portfolio-centric model designed to keep pace with modern warfare. They explore the groundbreaking role of the Portfolio Acquisition Executive (PAE) established in the FY26 NDAA, which integrates requirements, budgeting, and execution into a single node to provide the speed and flexibility needed on the battlefield. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we discuss the meaning of the term transaction under Rule for Courts-Martial 1002(d)(2)(B)(i). We review when sentences to confinement for multiple offenses should run concurrently or consecutively. We also address forfeiture and the plain error standard of review. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we dissect the Fiscal Year 2026 National Defense Authorization Act, focusing on how the Speed and Forge Acts are driving a massive legislative pivot toward streamlined defense acquisition reform. We explore critical updates including the new statutory definition of "best value," significant threshold increases for mandatory cost data and Cost Accounting Standards, and the strategic push to eliminate supply chain reliance on covered nations. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we analyze the chronological restructuring of FAR Part 33 and the new addition of a "designated purpose" for the bid protest system intended to deter improper filings. We dive into substantive updates to agency-level protests, including the mandatory disclosure of redacted Source Selection Decision documents (SSDD) to protesters and the streamlined approval levels for overrides of regulatory stays. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the sufficiency of evidence to sustain a conviction of wrongful use of a controlled substance under Article 112a, UCMJ. Specifically, we address the standard required to trigger the permissive inference to prove the wrongfulness element and the relevance of expert testimony where the government does not admit the underlying lab results. We further discuss the CAAF’s clarification of the standard of review for the most recent version of factual sufficiency review under Article 66, UCMJ. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we explore the Revolutionary FAR Overhaul (RFO) of FAR Part 15, highlighting the transition from traditional discussions to a more robust negotiation framework. We break down innovative evaluation methods like Highest Technically Rated with a Fair and Reasonable Price and phased acquisitions. Additionally, the discussion covers the expanded role of clarifications, the simplified definition of deficiencies, and the increased discretion granted to contracting officers when identifying the offers best suited for the competitive range. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we sit down with George Brauchler, the 53rd Kenneth J. Hodson Lecturer in Criminal Law at The Judge Advocate General’s Legal Center and School. Mr. Brauchler is the elected District Attorney for Colorado’s 23rd Judicial District and a recently retired Colonel in the Colorado National Guard and the Colorado Army National Guard’s first Military Judge. During our discussion, Mr. Brauchler offers insights and lessons learned from his career prosecuting some of the most complex and high-profile cases in civilian and military courtrooms. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we discuss the streamlining of FAR Part 49 under the Revolutionary FAR Overhaul (RFO), which reduced the administrative "fluff" while keeping all existing legal termination clauses intact. Additionally, we analyze the substantive updates to FAR Part 12 concerning terminations for cause. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the authority of Courts of Criminal Appeals to grant appropriate relief for errors after entry of judgment. We discuss whether a CCA can provide backpay as a lawful remedy for illegal post-trial confinement. We cover appellate discovery standards and highlight important diligence requirements for government counsel. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we sit down with Mr. Adam Caudle and Miss Dana Chase to dissect the 39-year litigation in Secretary of Defense v. Pratt & Whitney. We analyze the Federal Circuit's 2025 decision, which reaffirmed that a contracting officer’s authority is not unlimited and that agreements violating mandatory FAR provisions are considered illegal and unenforceable. The discussion highlights the critical takeaway that while the revolutionary FAR overhaul encourages broader professional judgment, practitioners must still remain within the four corners of the FAR to ensure their agreements remain valid. Cases discussed: United Technologies Corp., Pratt & Whitney, ASBCA Nos. 47416, 50453, 50888, 01-2 BCA ¶ 31,592; Rumsfeld v. United Technologies Corp., 315 F.3d 1361 (Fed. Cir. 2003); United Technologies Corp., Pratt & Whitney, ASBCA No. 61623, 22-1 BCA ¶ 38,111; Secretary of Defense v. Pratt & Whitney, 148 F.4th 1354 (Fed. Cir. 2025). Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we discuss discovery obligations in the context of an innocent ingestion defense to an allegation of wrongful use of a controlled substance under Article 112a, UCMJ. We review the standard under Brady v. Maryland and offer practical takeaways for trial and defense counsel. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we discuss the streamlining of FAR Part 5 under the Revolutionary FAR Overhaul (RFO), which reorganizes the section into a chronological life cycle approach consisting of three main phases: pre-solicitation, solicitation, and award. We explore major updates including the retirement of the term "synopsis" in favor of "notice," the implementation of four user-friendly tables to clarify posting timeframes, and deleting outdated subparts. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we address victim impact statements under R.C.M. 1001(c). Specifically we discuss the inclusion of uncharged misconduct by the accused in the unsworn statement and whether it constitutes victim impact. We offer takeaways for how trial and defense counsel can apply this rule in practice. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, Mr. Adam Caudle from Army OGC joins us to discuss the transition into Phase 2 of the Revolutionary FAR Overhaul (RFO), emphasizing the new chronological restructuring of the FAR into solicitation, evaluation, award, and post-award phases. We analyze major shifts in FAR Part 15 and 19, such as the replacement of communications with discretionary clarifications and the end of the "once an 8(a), always an 8(a)" rule. We also highlight the significant threshold increases for certified cost and pricing data and cost accounting standards (CAS), and the broader discretion given to Contracting Officers. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we break down the Revolutionary FAR Overhaul (RFO), focusing on the new "mission first" philosophy and the streamlining of Parts 1 through 4 to reduce administrative clutter. We examine the reorganization of FAR Part 4 into acquisition life cycle phases and the "security exodus" that moved supply chain risk requirements to the newly created FAR Part 40. We also provide guidance on navigating the latest DFAR class deviations for DFARS parts 201 through 204. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we examine for cause challenges to panel members, specifically an implied bias challenge based on comments regarding an accused that retains civilian defense counsel. We discuss the liberal grant mandate and provide takeaways for practitioners during voir dire to assess issues of bias and potentially rehabilitate ambiguous responses. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this conclusion to our deep dive into Other Transactions (OTs), we sit down with Mr. Adam Caudle and Ms. Kristine Kassekert to debunk the myth that OT awards are immune to protests. We examine the current jurisdictional landscape at the GAO and Court of Federal Claims, highlighting why thorough documentation is essential not just for formal litigation, but also for answering potential inquiries from Congress or senior leadership. We also discuss the "fail fast" mentality and the unique flexibility of OTs, which allow us to manage projects through iterative payment milestones and open-ended collaboration rather than the rigid deadlines found in traditional acquisitions. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this first part, we sit down with experts Mr. Adam Caudle and Ms. Kristine Kassekert to discuss the history of Other Transaction Authorities (OTAs) and the broad statutory definitions for prototype projects under 10 USC 4022. We explore the "team sport" nature of these agreements, highlighting how the iterative process and the ability for vendors to collaborate can lead to better mission outcomes than traditional FAR-based acquisitions. We also address the common myth that OTs have "no rules," clarifying that while they offer flexibility, practitioners must still navigate legal boundaries such as the Procurement Integrity Act and the Anti-Deficiency Act while maintaining a robust written record. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we review the interpretation of possession, custody, or control under R.C.M. 701, where defense counsel requests access to the data within the seized phone of the accused that the government is unable to unlock. We clarify the intersection between discovery rules and the Fourth Amendment, discuss the distinction between seizure of an electronic device and the data contained within, and provide takeaways for the field. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode we analyze the Supreme Court's ruling in Cox Communications, Inc. v. Sony Music Entertainment, which explores the limits of secondary liability for internet service providers when users engage in copyright infringement. We discuss how the court determined that mere knowledge is insufficient for contributory liability, requiring plaintiffs to instead prove intent through "inducement" or "tailoring" frameworks derived from Sony Corp. of America v. Universal City Studios, Inc. and MGM Studios, Inc. v. Grokster, Ltd. We also highlight that the Digital Millennium Copyright Act (DMCA) safe harbor acts as a shield rather than a sword, underscoring the necessity for organizations to maintain active policies against service misuse. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode we explore recent developments at the Small Business Administration's Office of Hearings and Appeals regarding size protests and the consequences of administrative breakdowns. We first examine how the Stripes Global Appeal regarding RCG of North Carolina clarifies that licensing disputes are matters of contractor responsibility rather than size issues. Finally, we analyze the Pelican Residences protest, where a nine-month administrative delay and ignored show cause orders forced OHA to declare a contractor ineligible under the ostensible subcontractor rule. Case Citation: Size Appeal of Stripes Global, Inc., SBA No. SIZ-6375 (2026); Size Appeal of Veteran Elevated Solutions, LLC, SBA No.: SIZ-6350 (2025) Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we discuss the scope of sentence appropriateness and whether Courts of Criminal Appeals may consider the terms of a plea agreement in their review. We offer practical considerations for trial practitioners in drafting plea agreements in light of the CAAF’s opinion. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we explore the critical role of NAICS codes in federal procurement, highlighting why the SBA’s Office of Hearings and Appeals (OHA) is the exclusive venue for these time-sensitive challenges. We break down the "principal purpose" test through a detailed analysis of a successful appeal where a contractor argued that a project's complexity required a much higher size standard than the one initially assigned. Case Citation: Venergy Group LLC, SBA No. NAICS-6377 (2026) Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode we discuss the legal and factual sufficiency of evidence considered in Article 120(b)(2)(A) – sexual assault without consent cases in light of CAAF’s recent Mendoza and Casillas opinions. We discuss at length the three legal principles established in Moore to resolve the certified question in all three cases – whether the Air Force Court of Criminal Appeals erred in applying United States v. Mendoza to find appellee’s sexual assault conviction [legally] and factually insufficient. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.