ABA Journal

Military Law

686 ABA Journal Military Law articles.

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.

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…

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