Law Commons^™

De-Coupling The Military/Industrial Complex - The Liability Of Weapons Makers For Injuries To Servicemen, Barry Kellman

Cleveland State Law Review

This Article is about the military contractor defense: the legal doctrine which insulates weapons makers from liability to servicemen for injuries caused by defectively designed weapons. Essentially, the military contractor defense shields weapons makers from state product liability law because of fears that operation of that law will cause the judiciary to trespass into the military sphere. This Article suggests that the military contractor defense constitutes a rejection of the judicial role in regulating procurement. This rejection is an unwarranted step in favor of an overgrown military establishment. The theme of this Article is that military policy is something which …