Karlene Chambers, of Pembroke Pines, Florida had a considerable surprise after her C-Section: the doctor had left a foot-long sponge in her body. It is one of the most common examples of surgical malpractice is leaving sponges in the bodies of patients. Continue reading “Doctors Liable for Foot-Long Sponge Left in Patient After Surgery”
Category: Military
A new report shows that the Bush Administration may have continued its endorsement of tactics viewed as torture in secret despite public claims to the contrary. Continue reading “Justice Department Continued to Endorse Possible Torture in Secret Memo”
The Army appears to have solved an age-old problem with getting a college education: going to college. Continue reading “The Army Offers College Credits Without the Need of Going to College”
In what is shaping up to be a very interesting defamation case, a federal judge has ordered Rep. John Murtha to testify in a defamation lawsuit filed against him for commenting on an alleged Iraqi massacre. Continue reading “Murtha Must Testify in Defamation Case”
The Bush Administration has finally yielded to international demands and offerred legal representation to high-value detainees. For the story, click here It represents the abandonment of one of the most hypocritical and controversial positions of the United States in its war on terror. Continue reading “Bush Administration Finally Yields to Demand for Lawyers for High-Value Detainees”
The military has long been accused of discrmination against agnostics and atheists. Despite the claim that “there are no atheists in foxholes,” many soldiers have fought for the country despite being agnostics or atheists. Their patriotism comes from faith in our country, but that is not enough for some military officers. Recently, wiccan families have protested the refusal to include their symbols on tombstones for fallen soldiers who gave their lives in Iraq and Afghanistan. Now, Spc. Jeremy Hall has filed a lawsuit saying that he was punished for trying to organize meetings for atheists and non-Christians in Iraq, including an effort to block his reenlistment. For the full story, click here
For years, academics have been divided over the movement to bar military recruiters from campus as a discriminatory organization. It is clear that the “don’t ask, don’t tell” policy is discriminatory and therefore violates the standard bar on potential employers who engage in discrimination based on race, religion, gender or sexual orientation. However, while I have been a vocal support of gay rights on many fronts, I was one of those who opposed the litigation that my law school joined. At the time, I stated that it was not only a clear loser on the law but it represented a type of hypocrisy: we insist that we cannot allow discrimination but, if money is at stake, we will allow it. The only principled decision would have been bar the military regardless of the consequences. For an column on the issue, click here
Now Yale has reached its price. However, one must ask if, considering the outrage in court papers, this is like saying that we will allow racially discriminatory employers on campus if they offer us enough money. For the article, click here.
Published in January 2006
Following oral argument on Dec. 6, the U.S. Supreme Court is now pondering the wisdom of Solomon.
The Solomon Amendment withholds federal funds from any school that does not provide the same access to military recruiters as it does to other potential employers. Law schools have rallied against the rule for violating their nondiscrimination policies as well as their constitutional rights of speech and association. In the balance are the right of Congress to condition the receipt of federal funds, the right of free speech-and literally billions of dollars that could be lost by schools unable to reconcile anti-discrimination policies with their receipt of federal money. Continue reading “The Solomon Amendment and Hypocrisy”
The military has been pouring money into non-lethal weaponry that can break up a crowd or immobilize individuals without bullets or permanent injuries. One is already in production: a truck mounted ray that makes people feel like their skin is on fire. Requests to use the truck in Iraq have been denied. Continue reading “Questions Over Use of New Military “Ray Gun””
Marine drill instructors are famous for their use of language and bodily intimidation. However, a new case illustrates the new limits on such conduct with hundreds of counts against a drill instructor for abuse of recruits. This has long been a controversy in military training based on the theory that physical fear and intimidation break down a civilian and allow the reconstruction of a tougher soldier.
For the story, click here
Published Feb. 5, 2002
AFTER months of “daisy cutters,” B-52 bombings and lightning special operation raids, the United States has deployed its most destructive weapon: The lawyers have landed in Afghanistan. Continue reading “Wartime Compensation: The New Bomb and Buy Policy”
When the Supreme Court created the Feres Doctrine in 1950, it barred all injuries that are “incident to service,” a prohibition that effectively blocked any negligence lawsuit by a servicemember against the military. This doctrine extends to a wide array of businesses maintained by the military – from movie theaters to bowling alleys to restaurants to gasoline stations. Many are profit-making enterprises operated by civilians under contract with the military, yet they are still immune from lawsuits by military personnel.
Consider just a few of the dismissed cases from the Feres follies: Continue reading “The Feres Follies: Sacrificing our Soldiers to Protect Military Incompetence”
Published November 6, 2002
“Nothing is too good for our men and women in uniform.”
It may be the world’s most predictable political applause line. It was a central theme of President Bush’s 2000 presidential campaign. With both war and elections looming, it became a virtual mantra among politicians across the country.
This month, however, the Bush administration is waging a little-known battle to preserve a rule that reduces service members to second-class citizens. Continue reading “The Feres Doctrine: Giving our Service Members the Freedom to Sue”
Published 12/17/2003
I recently received a note from one of the few husbands who knows just what his wife wants as a holiday gift. The Army sergeant (who asked to remain anonymous) e-mailed me from Iraq asking my help in finding him a store to buy body armor for his wife.
Both the sergeant and his wife are serving in Iraq, and both have seen action. But, like thousands of U.S. soldiers, his wife was not given the vital ceramic plates for her Kevlar Interceptor vest to protect her from bullet wounds. Instead, he said, she had to scavenge to find plates left behind by Iraqi soldiers — plates of inferior quality that do not properly fit her vest. Continue reading “Body Armor: U.S. Soldiers Lack Best Protective Gear”
Published 8/8/2004
The soldiers of the 372nd Military Police Company recently came home from Iraq — and some are pretty angry. Made infamous by the abuses at Abu Ghraib prison, they have been caricatured as a bunch of thuggish yahoos from the hills of West Virginia and Maryland. Now their entire unit may be deactivated.
They seem, however, unwilling to go quietly, taking their infamy into self-imposed exile. Continue reading “372nd Unit Deserves Better Homecoming”