Document Details


Title:
INTRAMILITARY TORT LAW: INCIDENCE TO SERVICE MEETS CONSTITUTIONAL TORT( NORTH CAROLINA LAW REVIEW: VOL. 60, 1982, PP. 489-537 )
Author(s):
Subject Terms:
LEGAL CLAIMS; MILITARY PERSONNEL; LEGISLATION; VICTIMS COMPENSATION
Document Location:
Location - NNSA/NSO Nuclear Testing Archive Address - P.O. Box 98521 City - Las Vegas State - NV Zip - 89193-8521 Phone - (702)794-5106 Fax - (702)862-4240 Email - CIC@NV.DOE.GOV
Document Type:
JOURNAL ARTICLE
Publication Date:
1982 Dec 31
Declassification Status:
Never classified
Document Pages:
0048
Accession Number:
NV0067406
OpenNet Entry Date:
1994 Aug 26
Description/Abstract:
IN THIS ARTICLE PROFESSOR ZILLMAN CRITICALLY EXAMINES THE CURRENT STAT E OF INTRAMILILTARY TORT LAW. PROFESSOR ZILLMAN TRACES THE HISTORICAL DEVELOPMENT OF THE PREVAILING DOCTRINES THAT GOVERN THE ABILITY OF TH E INJURED SERVICEPERSON TO MAINTAIN A TORT ACTION AGIANST THE GOVERNME NT BOTH IN THIS COUNTRY AND IN ENGLAND. THROUGH THIS ANALYSIS THE ART ICLE EXPLORES THE EMERGENCE OF THE INCIDENT-TO-SERVICE RULE, WHICH BAR S SUITS BY MILITARY PLAINTIFFS WHEN THE INJURY AROSE OUT OF ACTIVITY R ELATED TO MILITARY SERVICE. AFTER EXAMINING THE COMPETING JUSTIFICATI ONS THAT COUNSEL FOR AND AGAINST ALLOWING INTRAMILITARY TORT SUITS, AN D CONSIDERING THE EXISTING STATUTORY COMPENSATION SYSTEM AVAILABLE TO THE INJURED SERVICE PERSON, PROFESSOR ZILLMAN ARGUES THAT THE INCIDENT -TO-SERVICE RULE SHOULD BE RECONSIDERED. PROFESSOR ZILLMAN PROPOSES T HAT THE RULE BE MODIFIED TO REMOVE MOST INTRAMILITARY DISPUTES FROM TH E COURTS. WHERE COMPENSATION TO THE INJURED SERVICEPERSON IS NOT AVAI LABLE PRESENTLY, CONGRESS SHOULD AUTHORIZE A FORM OF ADMINISTRATIVE RE LIEF.


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