Military Law

680 ABA Journal Military Law articles.

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.
DC Circuit says Guantanamo judge created ‘intolerable cloud of partiality’ and tosses his rulings

On Tuesday, a federal appeals court tossed every pretrial ruling issued in the last 3½ years by a Guantanamo judge in the case of an accused terrorist.

House sues to block Trump’s use of funds for border wall
The House of Representatives filed a lawsuit Friday contending that President Donald Trump usurped its legislative authority when he used an emergency declaration to appropriate funds for a border wall.
Congolese warlord convicted of war crimes with the help of ABA ROLI
Last month, after years of efforts, the warlord Marcel Habarugira Rangira, lieutenant colonel of the Congolese armed forces, was convicted of war crimes before a military tribunal in Goma, eastern Democratic Republic of the Congo. Mireille Kahatwa Amani was one of the chief attorneys from the American Bar Association Rule of Law Initiative who worked to convict him.
Inconsistent policies in military housing can lead to families losing their pets, ABA president tells Senate committee
ABA President Bob Carlson sent a letter to the Senate Armed Services Committee on Wednesday, urging members to expand their inquiry into the condition of the military housing privatization initiative to also consider policies that may prevent military families from bringing their pets—or even service or emotional support animals—when transferred between duty stations.
Parents obtain order to preserve sperm of cadet killed in skiing incident

The parents of a West Point, New York, cadet who died in a skiing incident have obtained an order for the preservation of his sperm.

A New York judge, John…

Male-only draft violates equal protection principles, federal judge rules

A federal judge in Houston has ruled that the male-only draft violates equal protection principles of the Fifth Amendment’s due process clause.

U.S. District Judge Gray Miller ruled Friday

Special veterans courts see little money, little demand
Eric Gonzalez says he doesn’t remember getting pulled over, nor does he remember evading his arrest in Fullerton, California. The only thing he knows is that he woke up very hungover and faced up to nine years in prison for assaulting a police officer, along with five other charges.
Trump declares national emergency, will tap these funds for border wall
Updated: President Donald Trump declared a national emergency on Friday to enable him to tap funds to build a border wall.
Defense Department engaged in illegal discrimination against some soldiers, district court finds
A Seattle federal district court ruled Thursday that the federal government illegally discriminated against naturalized U.S. citizens in the U.S. Army by requiring security checks on them every two years, without individualized suspicion.
Breed-neutral pet policies are needed for families in military housing, ABA House of Delegates says
After a spirited debate, the ABA House of Delegates on Monday voted to ask Congress and the Department of Defense to instruct the Armed Forces and its public-private venture housing contractors to implement breed-neutral pet policies for families living in military housing in the United States.
In 5-4 vote, Supreme Court allows restrictions on transgender troops to take effect
Updated: The U.S. Supreme Court on Tuesday allowed President Donald Trump’s restrictions on military service by transgender people to go into effect.

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