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Understanding The Department Of Defense's Policy Regarding Transgender Servicemembers, A. Benjamin Spencer
Understanding The Department Of Defense's Policy Regarding Transgender Servicemembers, A. Benjamin Spencer
Faculty Publications
In June 2016, the Secretary of Defense (SECDEF) issued Directive-type Memorandum (DTM) 16-005, "Military Service of Transgender Service Members." This DTM announced that, based on the premise that the "military should be open to all who can meet the rigorous standards for military service and readiness," "transgender individuals shall be allowed to serve in the military." The attachment to the memo declared that servicemembers could no longer be "involuntarily separated, discharged or denied reenlistment or continuation of service, solely on the basis of their gender identity." The core purpose of the new policy was to ensure that transgender persons would …
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker
Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker
Faculty Publications
Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).
It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …
At War With Civil Rights And Civil Liberties, Thomas E. Baker
At War With Civil Rights And Civil Liberties, Thomas E. Baker
Faculty Publications
This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.