Immoral Waiver: Judicial Review of Intra-Military Sexual Assault Claims (August 22, 2012)

Author Francine Banner discusses why, from both legal and justice-based perspectives, the Feres principles are inapplicable to claims of intra-military sexual assault. It also compares judicial decisions invalidating the "Don't Ask, Don't Tell" policy which provided a roadmap for the judiciary to assess both its proper role in respect to the contemporary armed forces and the institutional obligation to resolve the claims of exceptionally deserving plaintiffs.

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