Law Commons^™

Trust Or Profit: How Military Officers Are Bound By The Constitution, Michael C. Mcnerney

Michael C McNerney

This paper examines the ability of reserve and active duty military officers to serve in certain political offices, such as Congress and the Electoral College. The seminal case on this issue, U.S. v. Lane, dealt with a U.S. senator who served as a reserve military judge. In deciding the case, the Court of Appeals for the Armed Forces only stated that a member of Congress may not also serve as a judge, but did not reach the ultimate issue of concurrent military service. This paper will attempt to show in exactly which political offices military officers may serve. In making …

A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements, Sean M. Hardy

Sean M Hardy

No abstract provided.

Saving Private Ryan's Tax Refund, Francine J. Lipman

Francine J. Lipman

Sergeant Horvath: This time the mission IS a man. Saving Private Ryan (1998)

Almost two million men and women serve the United States as enlisted personnel in the Army, Navy, Marines and Air Force. This essay will examine certain tax provisions unique to members of the armed forces and suggest a sweeping procedural change to save Private Ryan's tax refund. The proposed change is structured to better serve the unique demographics of the targeted taxpayers. A threshold issue when designing a tax benefit should be "Who is the targeted taxpayer?" Thus, the essay begins with a review of the demographics …

Parallel Lines Never Meet: Why The Military Disability Retirement And Veterans Affairs Department Claim Adjudication Systems Are A Failure, Thomas Reed

Thomas J Reed

Service members who are injured or come down with a disease while on active duty have two roads to seek compensation for disability benefits that are part of the enlistment contract. The first road is military disability retirement, administered by the armed services. The second road is VA compensation administered by the cabinet-level Department of Veterans Affairs. Both systems are near collapse due to a backlog of undecided claims and manifest injustices in awarding benefits to disabled veterans and dependents.

Professor Reed proposes a radical reform of the dual compensation system by combining military disability retirement and VA benefits into …

Tracking Civilian Casualties In Combat Zones Using Civilian Battle Damage Assessment Ratios., E Cameron, M Spagat, M Hicks

Madelyn Hsiao-Rei Hicks

No abstract provided.