BOOK REVIEW

• Pages: 04

RULES OF THE COURT OF MILITARY APPEALS*

Fidel], Eugene R.. Guide to the Rules of Practice avd Proeedurr ofthe Cnited States Cowl of Military Appeals. Washington, D.C.: Public Law Education Institute, 1978. Pp. ix, 78. Cost: $4.10.

Reviewed by Captain iP! David A. Sehlueter- To paraphrase Gertrude Stem, a rule is a rule is a rule is a rule. HOWmundane! Xot so, if the rules ha8 been fashioned by the Cnited States Court af Military Appeals.. Then the "rule" is subject to limitless dissection and bisection. You will recall that for commentators the Court of Military Appeals 1s a bountiful field awaiting the harvest (or the blight). There have been comments on the judges' commenti, comments on the cases, opinions, footnotes, the courthouse, the ''new" court, and comments on efforts to do away with the court. And now. , , there are comment8 on the court's 1977 Rules of Practice and Procedure.'

For those who wish to indulge themselves in keeping pace with comments on the ever-changing court, Mr. Fidell's 78-page book may be your cup of tea. It is not what most would consider to be light reading but it does contain Some insightful comments an the court's new Rules of Practice and Procedure.

*Mr Fidelh baoh was briefiy noted ai 82 Mil. L. Rev. 214 (1978) He IS a Washington pwtner in the New York law firm of LeBaeuf, Lamb. Leiby, & MaeRse, and served on aetlve duty as a law speelallat In the Lnlted btafes Coast Ciuard from 1969 to 1972. He currently haldi the resene rank of lieutenant commander

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'The oiielnal rules of~racfice were drafted within wehl of the C D Y ~ ~ S

Why, you ask. read a book on CKA's rules? .As Mr. Fidell paints out. few cases haw actually turned on the application or interpretation of the court's rules of practice and procedure. But for the appellate practitioner this "guide" (rules and comments to the rules) will serve as a handy tool. Draiving from Fidell'a apparently complete annotations, counsel may w l l turn a case on a rule.

For the counsel at Fort Sticks though, aa a general rule the book will be much more limited in utility To be sure. the rules and accompanying comments on such procedures as filing petition grant of renew or petitions for extraordinary relief may atpoint prove useful. Indeed, Fidell points out that. in light of the Court's expansion of powers in .MePhnil.2 it irould be "improper to assume that the court's procedures are of interest only to those assigned as appellate counsel, military judger. or...