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Military Law

712 ABA Journal Military Law articles.

Commanding officers no longer determine whether to pursue sexual assault cases in military courts

It used to be that when U.S. military service members were sexually assaulted by other service members, there was one person, their commanding officer, who decided what happened with the allegation. Although the creation of the new Offices of Special Trial Counsel is a welcome change for victims’ advocates, not everyone is happy about it.

Oct 1, 2024 1:10 AM CDT

Lawyer awarded $3.3M after crashing snowmobile into negligently parked Army helicopter

A federal judge in Massachusetts has awarded $3.3 million in damages to a lawyer for injuries suffered when he crashed his snowmobile into a camouflaged U.S. Army Black Hawk helicopter parked on a snowmobile trail at dusk.

Sep 26, 2024 2:28 PM CDT

Navy exonerates Black sailors charged in Port Chicago disaster 80 years ago

Eighty years after explosions ripped through the Port Chicago naval facility in California, killing 320, the secretary of the Navy has announced the full exoneration of African American sailors who were charged in 1944 with mutiny and refusing orders to return to work in dangerous conditions loading ammunition.

Jul 19, 2024 8:00 AM CDT

A Few Good Friends: Loneliness can be a JAG’s toughest battle

It is not just the Police who find themselves “so lonely;” we too should find “no surprise, no mystery” in loneliness’s pervasiveness. Military lawyers, in particular, feel its unavoidable sting accentuated by the military attorney lifestyle. Together, let’s look at how to work past the inevitable to succeed where possible.

Jun 20, 2024 12:31 PM CDT

Coast Guard veteran speaks out for military sexual assault survivors

In December, Melissa McCafferty sat before members of the U.S. Senate Committee on Homeland Security & Governmental Affairs and spoke candidly about the darkest times in her life. While at the U.S. Coast Guard Academy in the late 2000s, she was sexually assaulted by male cadets two separate times. She chose not to report the incidents, fearing no one would care or that she would face discipline.

Jun 1, 2024 12:50 AM CDT

Lawyer seeks damages after his snowmobile crashes into Black Hawk helicopter

A Massachusetts lawyer is awaiting a judge’s decision following a bench trial in his $9.5 million lawsuit alleging that the military was negligent for leaving a U.S. Army Black Hawk helicopter on a snowmobile route at dusk.

Mar 6, 2024 10:01 AM CST

Supreme Court refuses to stop West Point’s race-conscious admissions policy

The Supreme Court on Friday refused to immediately force the U.S. Military Academy at West Point to change its race-conscious admissions policies, less than a year after the court’s conservative majority rejected similar programs at other colleges and universities.

Feb 5, 2024 10:30 AM CST

US will hold Russia accountable for war crimes in Ukraine, AG says in stirring speech

War criminals will find no refuge in America,” U.S. Attorney General Merrick Garland told the ABA House of Delegates on Aug. 7. Garland spoke in person at the 2023 ABA Annual Meeting, calling upon the association to support victims of the Russian war on Ukraine.

Oct 1, 2023 1:40 AM CDT

Clarify overseas employment guidance for military families, House urges

The U.S. Departments of State and Defense should clarify rules that relate to military spouses and family members who want to obtain or maintain telework, virtual or other forms of employment while accompanying service members overseas, the House of Delegates said at the ABA Annual Meeting in Denver on Monday.

Aug 8, 2023 10:15 AM CDT

Huge $266.7M legal fee approved in $1B Dell settlement; which law firms will benefit?

Delaware’s chancery court appears to be more lucrative than federal court for plaintiffs lawyers in big-recovery securities class actions.

Aug 3, 2023 12:24 PM CDT

Sweeping changes to military justice code mandate handling of serious crimes outside chain of command

President Joe Biden on Friday signed an executive order that implements large-scale changes to the Uniform Code of Military Justice.

Jul 31, 2023 12:43 PM CDT

Pardoned ex-soldier plans to take the bar exam; is he unfit for practice?

A former Army lieutenant who was convicted of second-degree murder for ordering his men to fire on three men in Afghanistan hopes to become a lawyer after his pardon by former President Donald Trump. Soldiers who served under him are raising objections.

Jul 11, 2023 10:40 AM CDT

ABA Military Pro Bono Project has been connecting volunteer attorneys to servicemembers in need for 15 years

It hardly makes sense to ask military members to make the ultimate sacrifice for our country—and then deprive them of access to legal services, says Pamela Stevenson, chair of the ABA Standing Committee on Legal Assistance for Military Personnel.

May 22, 2023 8:49 AM CDT

Attorneys nationwide prepare for Law Day celebrations

Kari Burns describes promoting the rule of law as “near and dear” to her heart. That’s why Burns gets involved in Law Day, which is annually May 1 to recognize the rule of law in our society and encourage a greater understanding of the legal profession.

Apr 20, 2023 11:39 AM CDT

Supreme Court should decide Camp LeJeune case and fix Feres doctrine ‘chaos,’ Thomas argues

U.S. Supreme Court Justice Clarence Thomas argued Monday that the Supreme Court should have decided an appeal filed by the widow of a service member who died from leukemia after his alleged exposure to toxins and contaminated water at Camp LeJeune.

Nov 8, 2022 10:23 AM CST

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