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Military Constitutional Law

Read need-to-know updates, commentary, and analysis on Military issues written by leading professionals.

Secretary Mattis to Convene Panel of Experts to Study Transgender Service in the Military – Can He Do That?

by Bowditch & Dewey on

On August 25, 2017, President Trump released a memorandum banning transgender individuals from the military. Following this announcement, Secretary of Defense James Mattis (“Secretary Mattis”) said he would convene a “panel...more

Why does the military get to discriminate against the transgender community? Is this even legal?

by Bowditch & Dewey on

This question is the most recent culmination of a long line of military-related issues with the LGBT community that far pre-date the Trump Administration. Historically, the military took the position that transgender people...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

by Holland & Knight LLP on

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

Lawyer Sues DDTC Over "Public Domain"

by Kelley Drye & Warren LLP on

A New York City attorney is suing the U.S. State Department over a proposed change to the International Traffic in Arms Regulations (ITAR). The change pertains to how the regulations define “public domain,” and, if...more

Bribery & Corruption in the Military. A Front-Line View (Part II)

In the second part of my interview on "The Heat" via CCTV, I discuss the temptations that front-line personnel face when dealing with overseas militaries, particularly, procurement personnel. I share how the touch points...more

Supreme Court to decide if a TCPA class action can be mooted by a pre-certification offer of judgment

by BakerHostetler on

Monday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a...more

Senate adopts Iran Nuclear Agreement Review Act

by Dentons on

On May 7, 2015, the US Senate voted 98-1 to adopt the Iran Nuclear Agreement Review Act of 2015 (the "Act"). The Act is the culmination of months of legislative maneuvering and a debate over foreign policy and separation of...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Committee Deadlines Set - While it seems just a few weeks ago that committees were...more

Presidential Memorandum Outlines Privacy Guidelines For Domestic Federal Use Of Drones

by King & Spalding on

In a recently issued Presidential Memorandum, President Obama included privacy guidelines for the federal government’s use of unmanned aircraft systems (“UAS”) in the United States. Issued on February 15, 2015, and...more

FMLA To Cover Legally Married Same-Sex Spouses Beginning Next Week: What This Means For Employers

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expand coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

by Littler on

March 3, 2015 Authors: Jean L. Schmidt The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married...more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

by PilieroMazza PLLC on

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

District Court Refuses to Certify Class of “Non-Liturgical” Protestant Navy Chaplains

by BakerHostetler on

Given the rich diversity and array of religions, and the First Amendment prohibitions both on the establishment of religion and impeding the free exercise of religion, the appointment and promotion of chaplains in the...more

U.S. v. Ganias: Second Circuit Limits Government’s Ability to Use Electronic Material Seized Beyond Scope of Warrant for Different...

by Dechert LLP on

In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second...more

Newsletters - Feb 28, 2014: The Elevator Speech Overview

The U.S. House and Senate were both in session this past week, returning from a week long work period in district. The National Governors Association (NGA) met in Washington DC for their annual winter meeting, discussing...more

U.S. Department of Labor Updates FMLA Guidance About Who Is A “Spouse” Following Supreme Court Ruling

by Thompson Coburn LLP on

The U.S. Supreme Court’s decision in United States v. Windsor, No. 12-307 (U.S. June 26, 2013) is causing various federal agencies to clarify existing regulations and guidance, including the U.S. Department of Labor (DOL). In...more

Supreme Court Certiorari Denial Allows Circuit Split Regarding Retroactivity of the 2009 False Claims Act Amendments to Remain

by Ropes & Gray LLP on

On June 24, 2013, the Supreme Court denied certiorari to review the Sixth Circuit’s November 2012 decision in United States ex rel. Sanders v. Allison Engine Co. This allows a significant circuit split over the retroactive...more

Mortgagee and Mortgagor Standing and the Servicemembers’ Civil Relief Act

by Partridge Snow & Hahn LLP on

The Massachusetts Supreme Judicial Court, in HSBC Bank USA, N.A., Trustee v. Jodi B. Matt, No. 11101 (Jan. 14, 2013), recently clarified the issue of standing for both plaintiffs and defendants in actions under the...more

Was this week the beginning of the end for DOMA?

by Burns & Levinson LLP on

Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s...more

Legal Index: Citizenship Under The United States Constitution

by Dan Goodman on

This legal index is a guide to citizenship under the United States Constitution since the adoption of the Fourteenth Amendment. Each entry, being a legal topic, is supplemented with legal authority, which is quoted, cited,...more

See for yourself, Two citizens in the country of the United States

by Dan Goodman on

In this article, it is shown that there is in the country of the United States two citizens; a citizen of the United States and a citizen of a State who is not a citizen of the United States using the waters that surround...more

See for yourself, A citizen of a State under Article IV, Section 2, Clause 1 of the Constitution

by Dan Goodman on

The case of Dred Scoot v. Sanford (60 U.S. 393, 1856) was meant to be a federal question case. However, it became a diversity of citizenship case when Dred Scott's citizenship was challenged. The Supreme Court...more

Political Question Doctrine Requires Dismissal of Wrongful Death Suit Against Government Contractor in Iraq

Earlier this month, in a lengthy and well reasoned opinion, a federal trial court relied on the Political Question Doctrine in dismissing a wrongful death action against a military contractor. In Harris v. Kellogg, Brown &...more

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