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Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener
University of Massachusetts Law Review
This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.
Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich
Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich
University of Massachusetts Law Review
This Article discusses two important facets of Military Regulation and veterans law. First, this Article explores how the Uniform Code of Military Justice treats veterans accused of committing self-injury. Thus, there is a prohibition on , including criminal prosecution of, attempted suicide, which this Article argues exacerbates the issues which many of our brave servicemen and women face upon returning home from combat, often carrying the burden of mental disorders such as post-traumatic stress disorder. Second, this Article delves into Air Force Regulations, which prohibits termination, without cause, once an officer reaches the rank of Major and has served at …
Toward A Less Adversarial Relationship Between Chevron And Gardner, James D. Ridgway
Toward A Less Adversarial Relationship Between Chevron And Gardner, James D. Ridgway
University of Massachusetts Law Review
Veterans benefits are a creature of statute. As such, nearly every veterans benefits issue presented to the courts for resolution involves the interpretation of a statute, regulation, or sub-regulatory authority. Although veterans law has been subject to judicial review for over twenty-five years, the courts still have yet to develop a coherent doctrine regarding when to resolve ambiguity in favor of the veteran versus when to defer to the interpretations of the Department of Veterans Affairs. This Article explores three possible approaches to developing a coherent vision of how veteran friendliness and agency deference can coexist and provide more predictability …