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Military Law Archives

How can a civilian lawyer help a military defendant?

Can a civilian attorney help a service member facing a court-martial? Military law is definitely a specialized area of legal practice. However, our law firm has experience representing service members with their legal defense in a variety of contexts, including courts-martial and administrative discharge hearings, court-martial appeals, military command investigations, and ROTC and military academy disenrollments.

Can a military service member challenge an adverse action?

Civilian employees who suffer illegal treatment under their supervisors, such as a negative employment evaluation based upon a protected category like gender or race, may have recourse under state and federal employment laws. In the military, a service member must challenge an adverse action according to the procedures of his or her military department.

Can military physical examinations be challenged?

Although everyone may hope for good news after receiving an annual physical, such examinations carry more significance in the military. In fact, a medical evaluation may influence the course of a military member’s career, including whether he or she might be eligible for certain benefits, promotions, or even admittance into certain military programs. Conversely, an incorrect health rating may clear a military member for duties for which he or she is no longer able or fit to perform. 

Can a legal action be brought against a commanding officer?

Does a service member have legal recourse when he or she believes that a commanding officer has acted improperly or illegally? As an attorney that focuses on military law, I know that Article 138 of the Uniform Code of Military Justice provides some protection. In some situations, a service member may be able to file a complaint against the officer.

A time of momentous change for gay military couples

Last Friday marked a signal day in the long march of gay Americans toward full equality before the law. In a 5-4 ruling, the United States Supreme Court held that no state in the union refusing to recognize same-sex marital unions could any longer deny the validity of such marriages consummated in other states deeming them lawful.

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