Military Constitutional Law

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

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...

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

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

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

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

This Week in Washington - January 25, 2013

In This Issue: - DOMESTIC POLICY MATTERS - Inauguration. After being officially sworn in to a second term at the White House on Sunday, January 20, as prescribed by law, President Barack Obama and Vice...more

Legal Index: Citizenship Under The United States Constitution

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

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

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

Splintered Supreme Court Shoots Down Stolen Valor Act Under First Amendment

Originally published in The United States Law Week, 81 U.S.L.W. 9, 07/03/2012. Copyright 2012 by The Bureau of National Affairs, Inc. Lies about having received military awards may be speech protected by the First...more

2012 Florida Legislation Amending Florida Growth Management Laws Including 2011 Florida Community Planning Act

Last December, we wrote on the constitutional challenge made by the Town of Yankeetown, Florida, to portions of the Florida Community Planning Act with the resulting settlement which included proposed legislation that would...more

There are Two Nationalities for the Nation of the United States

Discover that since the adoption of the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, who is not a citizen of the several States (united) and a citizen of the several States...more

Blunders of the Supreme Court of the United States, Part 8

The eighth in a series on blunders made by the Supreme Court of the United States. In this article the case of Cramer v. United States (325 U.S. 1, 1945) is reviewed. The blunder made is that the United States Supreme...more

For Purposes of International Law there are Two citizens in the country of the United States

William Bennett Munro, Professor of Municipal Government at Harvard University, in his work "The Government of the United States: National, State, and Local" (1919) writes at page 73: “So far as the rules of international...more

Jackson Walker VIA Media Postcard - March 2012

In This Issue: - Steve Fogle's Feature Valor Cannot Be Stolen – In an upcoming "stolen valor" case, the U.S. Supreme Court will have to decide if it is unconstitutional to punish someone for claiming false military...more

All You Need To Know About A Citizen Of A State Who Is Not A Citizen Of The United States

Since the Fourteenth Amendment and the Slaughterhouse Cases, there is a citizen of the United States, and a citizen of a State who is not a citizen of the United States. A citizen of the United States is...more

Iowa View: We are allowing our liberties to be 'nibbled' away By: Jonathan Wilson

The Biblical parable is told about a flock of 100 sheep. One gets lost and the “good shepherd” leaves the remaining 99 and goes in search of the lost one until it is found and returned to the safety of the...more

Purcell v. United States

Petition for Certiorari

On Monday, January 23, 2012 I am filing a petition for certiorari seeking to refine or overturn the Feres doctrine. Over the last 60 years the Feres doctrine – a judicial interpretation of the Federal Tort Claims Act - has...more

Blunders of the Supreme Court of the United States, Part 7

The seventh in a series on blunders made by the Supreme Court of the United States. In this article the case of the Slaughterhouse Cases (83 U.S. (Wall. 16) 36, 1873) is reviewed. The blunder made is that one born or...more

FICHERA & MILLER TAKES CASE TO U.S. SUPREME COURT FIGHTING FOR THE LEGAL RIGHTS OF MILITARY SERVICEMEN AND WOMEN

January 23, 2012, Chicago, IL: Chicago personal injury attorneys, Fichera & Miller, call upon the United States Supreme Court to overturn the 60- year-old Feres Doctrine and preserve the rights of servicemembers and...more

Article IV, Section 2, Clause 1 is defined to have both Fundamental and Common Privileges and Immunities

Article IV, Section 2, Clause 1 has been defined to have both fundamental privileges and immunities as well as common privileges and immunities. After the adoption of the Constitution of the United States of...more

Detainee Treatment at GTMO

The paper looks at treatment of detainees at Guantanamo Bay and the legal justifications for their use....more

October 18, 2011 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

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