Military Law

677 ABA Journal Military Law articles.

Acquitted Navy SEAL says ex-lawyers delayed case, maximizing fundraising potential
A Navy SEAL who was acquitted of murdering a prisoner alleges in a lawsuit that one of his former lawyers promised that his legal fees would be covered by a nonprofit that used his name for fundraising, then demanded up to $1 million in unpaid legal fees.
Afternoon Briefs: Judge says she’d castrate defendant if law permitted it; Schulte Roth sued for alleged bias

Judge says she would castrate man if law allowed it

A judge in Oklahoma City sentenced a man who installed home security systems to life in prison for putting secret…

Unique military program helps sexual assault survivors—but not all of them

At the end of 2016, Lt. Angela Bapp told her commanding officer that someone in her Army unit raped her. The Army started an investigation into the assault. But since…

Afternoon Briefs: Appeals of Kavanaugh complaints rejected; Trump rescinds prosecutor medals

A judicial conduct committee says it doesn’t have authority to review complaints accusing U.S. Supreme Court Justice Brett M. Kavanaugh of misconduct by showing bias and hostility during his…

Supreme Court lifts injunction that had blocked military funding for border wall

U.S. Supreme Court

Lawyer is charged in alleged Lysol can attack on another attorney at courthouse

A Louisville, Kentucky, lawyer was arrested Wednesday for allegedly attacking another attorney with a Lysol can in a courthouse conference room.

Lawyer Lindsey Scott, 63, was charged with second-degree assault…

Lawyers and judges are on the front lines of the peace process in Colombia
In 2016, after 50 years of armed conflict, the government of Colombia and the Revolutionary Armed Forces of Colombia (known as FARC) signed a peace agreement. The centerpiece of that agreement was a transitional justice mechanism, established to ensure accountability for atrocities committed during the war. Three years later, it is facing unprecedented challenges in its effort to provide justice for the many civilian victims of the conflict. Lawyers, prosecutors and judges are on the front lines of efforts to provide reparations to the victims, with the long-standing support of the American Bar Association.
Breyer says SCOTUS has to decide whether Guantanamo detainees can continue to be held

U.S. Supreme Court Justice Stephen G. Breyer said Monday that the high court should consider whether the Constitution permits continued detention of Guantanamo detainees.

Breyer called for Supreme Court action…

Military prosecutor accused of tracking defense lawyers’ emails is tossed from case

A military prosecutor accused of attaching tracking software to emails sent to 13 defense lawyers and paralegals is no longer prosecuting the case of a Navy SEAL.

A military judge…

Homeless veterans bill would ensure legal services are available ‘when they are needed most,’ ABA says

ABA President Bob Carlson urged the Senate’s Committee on Veterans’ Affairs on Tuesday to support bipartisan legislation that would implement new strategies for removing barriers that prevent homeless veterans…

Judge says parents may use frozen sperm of deceased cadet son to produce child

The parents of a West Point, New York, cadet who died in a skiing incident can use his preserved sperm as they see fit, including for “procreative purposes,” a New…

Thomas dissent says SCOTUS should overrule decision protecting military from tort liability

U.S. Supreme Court Justices Clarence Thomas and Ruth Bader Ginsburg dissented Monday when the high court refused to hear the case of a man whose wife died at a naval…

Defense lawyers accuse military prosecutor of sending them emails with tracking software

A military prosecutor sent an email with tracking software to 13 lawyers and paralegals, as well as a reporter with the Navy Times, according to a motion filed last week.

Between Hacks and Hostilities: Are the US government and private sector ready for persistent engagement?
Cybersecurity is necessarily an issue that crosses international boundaries, raising complex questions of sovereignty, jurisdiction, law and policy. In response, lawyers have struggled to find the right legal metaphor or framework to apply to cyberspace. Each of these issues concerns the American Bar Association Rule of Law Initiative because the way we as a society choose to address these challenges implicates what it means to live and operate under the rule of law.
Do soldiers face double jeopardy in military courts?
When Austin Greening shot and killed his friend and fellow sailor in 2013, he was charged with murder in a Virginia court and pleaded guilty to involuntary manslaughter. He was sentenced to serve three years, with two and a half years suspended.

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