*Certain law reviews that have been overtaken by events or superseded by later law reviews have been deleted from the library.
*The numbering system for the Law Reviews is a designated with the first two digits representing the year, and the last two or three digits representing the article's sequential order for that year. For example, the first published in 2006, is numbered 0601. It was first published as Law Review 207 in the January/February issue of The Officer. Previous law reviews will retain their original numbering in the ROA archives.
2012 Law Reviews
No. 12122 Does USERRA Violate the 10th Amendment?
No. 12121 Supreme Court Strikes Down Stolen Valor Act
No. 12120 Make the States Waive Sovereign Immunity Concerning USERRA Lawsuits or Lose Federal Funding—No, that Won’t Work
No. 12119 USERRA Forbids Discrimination in Employment Based on Uniformed Service—Not Limited to Reserve Component Service
No. 12118 DOJ Sues NYC Internet Business for Violating USERRA
No. 12117 Good News on Military and Overseas Voting from Isle of Wight County, Virginia
No. 12116 Contractor Employees in Afghanistan Are Not Protected by the SCRA or USERRA
No. 12115 Good News from Rhode Island on Enforcing USERRA against a State Agency as Employer
No. 12114 USERRA Does Not Apply to PHS Selection of PHS Officers
No. 12113 Good News on Military and Overseas Voting from Kane County, Illinois
No. 12112 I Need Time off from my Job to Travel to my Drill Weekend
No. 12111 Don't Be Fooled by "Duffel Blog" Spoof
No. 12110 SCRA as Solution to Problem of Student Loan Debt for Service Members—Not so Fast
No. 12109 USERRA Forbids Discrimination with respect to Retention in Employment
No. 12108 DOJ Sues NC School District on Behalf of Army Reservist
No. 12107 Reemployment Rights for Laid Off Employees
No. 12106 Don’t Give Employer Excuse to Fire You
No. 12105 What Are the Reserve Components?
No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
No. 12103 Pension Credit for 1980s Military Service
No. 12102 Coast Guard Reservist Mobilized Soon After Hired for New Job
No. 12101 Ballot Dispute Delays Absentee Ballot Mailing on Long Island
No. 12100 Yes You Can Double-Dip!
No. 1299 There’s a Hole in USERRA. Will States Fill it if Congress Won’t?
No. 1298 Now that You Are Retired from the Army, You Must Register To Vote in Virginia
No. 1297 Federal Write-in Absentee Ballot
No. 1296 Army Cadet Command Implicitly Admits that it Violated USERRA in its Treatment of ROTC Employee Michael Hanke
No. 1295 Lawsuits against DOD for Breach of Private Medical Information
No. 1294 Who Gets To Decide that a Period of Service Is Exempt from the Five-Year Limit under USERRA?
No. 1293 USERRA’s Protection against Post-Reemployment Firing
No. 1292 Illegal Non-Judicial Foreclosure on Service Member’s House
No. 1291 Please Contact your Local Election Official Today!
No. 1290 You only Need one Employee to Be an Employer for Purposes of USERRA
No. 1289 Affirmative Defenses under USERRA
No. 1288 More on Ohio Lawsuit regarding Early Voting
No. 1287 Dependents with Disabilities: Adult children can qualify for IDs and Tricare with proper documentation
No. 1286 TSA Screeners Now Finally Have Enforceable USERRA Rights
No. 1285 GOP Rules Require that Military Personnel Have a Reasonable Opportunity to Vote in the 2016 Presidential Nomination Process
No. 1284 Federal Court Finds DOD to Be “Arbitrary and Capricious” for Denying TRICARE Coverage for Autism Therapy
No. 1284 (Update) TRICARE Management Agency Implements Court Decision
No. 1283 DOJ Files Class Action USERRA Lawsuit against NYC
No. 1282 DOJ Gets Job Back for Mobilized Navy Reservist
No. 1281 Your Rights Under USERRA (Replaces No. 0766)
No. 1280 Keep on Voting in New Hampshire, not Ohio
No. 1279 Act Now to Vote in 2012
No. 1278 Don’t Make Service Members Wait another 60 Years to Vote!
No. 1277 ROA Intervenes in Ohio Lawsuit to Protect Military Voting Rights
No. 1276 Presidential Memorandum Gives Uniformed Services Employment and Reemployment Rights Act (USERRA) Guidance to Federal Employers
No. 1275 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
No. 1274 No Retirement Points for Midshipman Cruises
No. 1273 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
No. 1272 USERRA Covers Time Away from Work for Examination to Determine Fitness to Enlist
No. 1271 Don’t Conflate Section 4311 of USERRA with Section 4312
No. 1270 Civilian Pension Credit for Military Service Time before 1994
No. 1269 DOJ Sues Commonwealth of PA to Enforce USERRA and Secures a Great Settlement
No. 1268 Getting out of a Lease upon Deployment of Soldier
Is Harassment a Cognizable Claim under USERRA—(Continued)
No. 1265 Are Illegal Immigrants Permitted to Enlist in the Armed Forces?
No. 1264 UCS Payments for Unemployed Veterans
No. 1263 Bill Introduced to Narrow One of USERRA's Affirmative Defenses
No. 1262 What is a "Frontiero Refrigerator?"
No. 1261 DOJ Settles USERRA Suit Filed Against United Airlines
No. 1260 Service Academy Admissions Work NOT Protected by USERRA
No. 1259 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
No. 1258 Virginia- Don't Disenfranchise Service Members in the 2013 Gubernatorial Nomination
Federal Only or All Office Voting from Overseas?
Eleven California Counties Are Late in Sending Absentee Ballots for 2012 Primary
A Small Sacrifice Asked of the 99.25%
Reemployment Rights in Student Job on Campus
Military Power of Attorney: A Copy is Not
Just as Good as an Original
No. 1252 Contractual Statute of Limitations Under USERRA
USERRA and Public Sector Defined Benefit Pension Plans
USERRA Applies to Short and Long Period of Services
NY Court: Calculations for Military and Regular Leave Benefits Not the Same
DOJ Settles SCRA Case Against Norfolk Towing Company
Minnesota Passes Legislation on USERRA
Should We Tell the Employers Now or Wait?
Waiver of Rights Under SCRA
Senator Introduces Bill to Improve SCRA
Senator Introduces Bill to Improve USERRA
SCRA Forbids Non-Judicial Foreclosure During or Within Nine Months After Active Duty
Redistricting Litigation in Hawaii Threatens to Disenfranchise Military Voters
DOJ Sues Home Depot for Violating USERRA
No. 1239 Evans vs. MassMutual Financial Group
, Round 2
Why Can't I Retire From My Civilian Job While I am on Active Duty?
Military Voting Rights in Wisconsin
ESGR Serving 40 Years and Counting
No. 1235 OPM Director Announces Zero Tolerance for USERRA Violations
No. 1234 Coast Guard Reservist Needs Drill Credit for Medical Appointment
No. 1233 Federal Arbitration Act Severely Limits Review of Arbitrator's Erroneous Ruling
No. 1232 Eleventh Circuit Affirms Judgment Against Alabama for Violating USERRA
No. 1231 USERRA Plaintiff Does Not Have to Pay Filing Fee
*Update: In Law Review 1231 we promised to bring this matter to the personal
attention of the Chief Clerk of each of the 93 United States District Courts. Here is the
letter that we sent to the Clerk of the United States District Court for the Northern
District of Alabama. The other 92 letters are identical.
No. 1230 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
No. 1229 USERRA and the FMLA- Part II
No. 1228 USERRA and the FMLA
No. 1227 One More Exemption From USERRA's Five-Year Limit
No. 1226 Federal Court Orders Alabama to Extend Deadline for Receipt of Absentee Ballots
No. 1225 Federal Court Order Protects Military Voting Rights in New York
No. 1224 Alternative Way to Enforce USERRA Against a State Government Employer
No. 1223 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
No. 1222 Congress Expands Work Opportunity Tax Credit for Hiring Qualified Veterans
No. 1221 Why Does a Case Take So Long- Part II
No. 1220 Reservists Should Be Permitted to Take Licensed Customs Broker Exams
No. 1219 Computation of Civilian Pension Upon Returning to Work After Service
No. 1218 Let's Put Some Teeth into Military Voting Rights
No. 1217 You Must Apply for Reemployment- Part 3
No. 1216 Department of Labor to Expand FMLA Rights for Military Families
No. 1215 USERRA's Special Protection Period Against Discharge Upon Reemployment
No. 1214 Air Force Progress on Exemptions to USERRA's Five-Year Limit
No. 1213 Military Voting in Presidential Caucuses- Part II
No. 1212 USERRA and the Fair Labor Standards Act
No. 1211 Harassment as USERRA Violation
No. 1210 Working at Your Civilian Job Prior to Reporting for Active Duty
No. 1209 Don't Let Ballot Access Litigation Disenfranchise Military Voters
No. 1208 What Happens to My Stock Option Plan When I Get Mobilized?
No. 1207 Can I Sell My Holiday Time?
No. 1206 Supreme Court Endorses the Ministerial Exception
No. 1205 Military Voting and Redistricting
No. 1204 Politicking While on Active Duty? NO
No. 1203 Don't Let Redistricting Litigation Disenfranchise Military Voters
No. 1202 Vote in 2012
No. 1201 Oklahoma Attorney General Gets It Wrong on USERRA
2011 Law Reviews
No. 11112 Why Can't the Military Voters All Register to Vote Here on Base?
No. 11111 Conflict Between National Guard Drill and Civilian Job
No. 11110 As Civilian Employer, Army Harasses and Abuses Disabled Veteran
No. 11109 Taking a Federal Early-Out Incentive and Returning to Active Duty
No. 11108 Tennessee Secretary of State Goes the Extra Mile for Military Voters
No. 11107 UOCAVA Protects Voting Rights of Overseas Americans
No. 11106 Progress on Exempting Certain National Guard Service From USERRA's Limit
No. 11105 Unemployment Rate Among Young Veterans Rises Even While Overall Rate Drops
No. 11104 Reserve and National Guard Personnel Who Die During a Drill Weekend
No. 11103 Help! The Army Has Sent Me Home Early!
No. 11102 Bunting v. Town of Ocean City Comes to a Conclusion
No. 11101 Don’t Apply for Reemployment Until You Are Ready To Return to Work—Part 2
No. 11100 Please Don't Forget the Reserves
No. 1199 Bill Introduced to Expand Exemptions from USERRA’s 5-Year Limit
No. 1198 USERRA Protection for National Guard Members
No. 1197 ROA Member Elected to Congress and Hits the Ground Running
No. 1196 NOAA Corps and PHS Corps Officers Are Treated Unfairly by OPM
No. 1195 USERRA and the State of New Mexico—Part 2
No. 1194 Matthew King's Application for UCX Did Not Justify His Firing
No. 1193 Military Voting: One Step Forward, Two Steps Back
No. 1192 Voting Victims: Antiquated Process Can Disenfranchise Service Members
No. 1191 USERRA Claims Should Not Be Subject to Binding Arbitration Agreements
No. 1190 Veterans Opportunity to Work Act of 2011- part II
No. 1189 Veterans Opportunity to Work Act of 2011
No. 1188 You Can Sue a City in Federal Court under USERRA
No. 1187 DOJ Proposes SCRA Amendments
No. 1186 Whistleblower Suit Against Big Banks
No. 1185 USERRA and the National Football League
No. 1184 Military Voters Lose Out as States Race to Be First in Presidential Primaries
No. 1183 Military Voting in 2011 Elections
No. 1182 Does USERRA Apply to Me?
No. 1181 Does DOL Delay Count Against Me in Timeliness of My Lawsuit?
No. 1180 It Is Not Your Responsibility to Find a Replacement
No. 1179 SCRA Only Protects Your Military Income from State Income Tax
No. 1178 DOJ Proposes USERRA Amendments
No. 1177 DOJ Proposes UOCAVA Amendments
No 1176 Active Duty Time Counts for Federal Civilian Leave Accrual Purposes, Part 2
No. 1175 The National Guard Must Be a Model Employer under USERRA
No. 1174 Why Does a Case Take so Long?
No. 1173 Another Great USERRA Appellate Case
No. 1172 NY Legislature Strengthens Protections for Military Members Under State Law
No. 1171 What is an Application for Reemployment?
No. 1170 Million Dollar USERRA Judgment Affirmed by 2nd Circuit
No. 1169 You Need To Look Out for Your Own Interests Regarding Your Reserve Retirement
No. 1168 USERRA Protects the Co-Worker Who Testifies or Provides Information in a USERRA Case
No. 1167 Unfavorable 8th Circuit USERRA Case
No. 1166 Employer Support of the Guard and Reserve
No. 1165 Don't Use Employer Resources When Researching Possible Employment Rights Violations
No. 1164 Does My Active Duty Time Count for Federal Civilian Leave Accrual Purposes?
No. 1163 New Special Counsel Pledges Diligent USERRA Enforcement
No. 1162 You Need Not Report Back to Work Immediately After Military Service
No. 1161 Training Federal HR Personnel on USERRA
No. 1160 Supreme Court decision draws line between rights and values
No. 1159 Military Voting—Progress in South Carolina
No. 1158 Letter to DOJ about USERRA Enforcement
No. 1157 How Do I Prove My “Escalator” Case?
Military Voting in Presidential Caucuses
City Employee Accused of Wrongdoing: Can He Be Fired while in Afghanistan?
Progress in Virginia on Military Voting
Is Income Replacement Insurance Covered by USERRA?
DOL Closing Case as "Without Merit" Does Not Bind Claimant
Beef Up Enforcement of the SCRA
TSP and USERRA
Another Case on State Sovereign Immunity under USERRA
The Servicemembers Civil Relief Act and Foreclosure
Judicial Remedy for VA Tardiness?
FMLA and USERRA
Back to Work: Timely application for reemployment is essential.
PTSD, USERRA, and the State of New Mexico
New Evidence of Discrimination against Recently Separated Veterans
Where Do Military Personnel and Family Members Vote?
Army Reserve Dentist Loses USERRA Case
Suing a State Government Employer under USERRA
Injury or Illness Sustained During Service Can Extend Deadline to Apply for Reemployment
Garnishment of Military Pay
Federal Contractor Affirmative Action for Hiring Veterans
Five-Year-Limit Primer: Your job protection is up to you.
No. 1135 Military Extraterritorial Jurisdiction Act
No. 1134 Protection against Discharge after Reemployment
No. 1133 New York Court of Appeals Clarifies Protections for Military Members Under State Law
No. 1132 When may a Washington State government-employee veteran increase their score on a promotion exam?
No. 1131 Not Everything You Do for Your Reserve Component Is Protected by USERRA
No. 1130 Does USERRA Provide a Remedy for Employer Harassment?
Tax Records in USERRA Cases: How Both Parties May Obtain Each Other's Private Financial Records
Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
USERRA Prohibition Against Retaliation May Extend to Service Member’s Spouse Who Works for the Same Employer
Can We Fire Him for Going over the Five-Year Limit?
Furloughs and the Five-Year Limit
Federal and State laws may define ‘Veteran Status’ differently
The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
Supreme Court Reverses 7th Circuit in USERRA Case
Proposed Private Right of Action under UOCAVA
Double Serving Not Double Dipping
USERRA and Public Sector Pension Plans
Fourth Circuit Holds New SCRA Private Right of Action is Retroactive
Hawaii Legislature Enacts Legislation Protecting Military Parents in Child Custody Disputes
Debt Collectors’ Trade Association Acknowledges SCRA
No Age Limit on USERRA Protection
Student Loans Are Now Subject to SCRA 6% Interest Rate Cap
No. 1113 Revised
Military Voting in Chicago Mayoral Election
Fourth Circuit Reverses Summary Judgment for Employer
DOJ Settles USERRA Suit Against Titan Laboratories
USERRA Section 4302 Does Not Bar Settlement of USERRA Claim
USERRA Does Not Protect Absence from Work To Attend DEP Meetings
MSPB Holds that Disparate Impact Discrimination Is Not a Cognizable Claim under USERRA
I Never Asked To Continue My Health Insurance When I Left the Job To Serve
Important New Case on USERRA Discrimination
Virginia-Please Don’t Disenfranchise Military Personnel in Primaries
The Federal Government Is Not Bound by Incorrect Advice
The MSPB Is Finally Catching On
USERRA’s Five-Year Limit Applies to Employer Relationship
Concessions on All Sides: Employers, as well as Reservists, must bear the brunt of the extended deployments and separation from work.
Law Review 1008 Reconsidered
Paid Military Leave for National Guard Technicians
Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
Prior Notice to Civilian Employer - Part 2
Prior Notice to Civilian Employer
Coverage for National Guard Members on State Duty
Great Victory for Military Voting Rights
*No. 1092 Military Ballots Crucial to Outcome of Texas Cliffhanger
Safeguarding Military Voting Rights: Progress Made and What Remains To Be Done
Federal Civilian Retirement Credit for Military Service
USERRA Most Definitely Applies to National Guard Members Performing Border Protection Duty
Privacy Act Applies to National Guard Even When Not Federalized
USERRA Forbids Discrimination in Initial Employment
Military Family Law Primer
Improve the SCRA: Progress Made and What Remains To Be Done
Congress Overrides State “Source Tax” Rules
Congress Beefs up the SCRA Enforcement Mechanism
USERRA and Federal Rule of Civil Procedure 68, Offer of Judgment: Awards of Plaintiff's Attorney Fees and Prohibition of Charging Costs Under USERRA Are Not Affected by Rule 68.
Congress Strengthens SCRA Provision on Terminating Cell Phone Contract upon Mobilization or Deployment
Congress Orders a New Demonstration Project on USERRA Enforcement
Congress Strengthens SCRA Provision on Terminating Lease of Premises or Vehicle upon Activation, Deployment, or PCS Orders
Don’t Sacrifice Military Personnel to “Paperwork Problems” in Foreclosures
Enhancing the Protections of USERRA: Progress Made, and What Remains To Be Accomplished
Congress Strengthens USERRA’s Protection against Discrimination
Congress Clarifies the Application of USERRA to Successors in Interest
New York, Illinois Fail to Deliver Absentee Ballots
A Small Price: Laws on the books protect the few who sacrifice for the many.
Military Absentee Voting in Maryland
Maryland Court of Appeals Case on Military Voting
DOJ Sues New York To Enfranchise Military Voters
No Wife, No Kids—Am I Eligible to Elect RC-SBP?
If I Choose the RC-SBP and then Die, When Does My Husband Get the Cash?
My Big Bank Will Be Taken Over by Bigger Bank
USERRA Overrides Federal Agency Rule on “Outside Employment”
Is the Stolen Valor Act Unconstitutional?
Suit Filed To Protect Military Voting Rights in Maryland
Motor Voter Law and Veterans
Voting by Disabled Veterans Residing at VA Facilities
What to Do When Your Absentee Ballot Is Late
DOD Action on MOVE Act Waiver Requests-Continued
Reimbursement for Lodging Expenses while on Active Duty
Vote Early and Vote Often
Special Delivery for Votes
Maryland Will Meet the 45-Day Standard, But Only for Federal Offices
DOD Acts on MOVE Act Waiver Requests
Don’t Do Your Reserve Work on Your Employer’s Time
Calling Yourself an Independent Contractor Does Not Make You One
Readmission of Servicemembers to Postsecondary Institutions - Details Regarding the Department of Education (DOE) Regulations Implementing the New Law on Mandatory Readmission of Mobilized Reserve and Guard and Active Duty Students
Alabama Ordered To Comply with USERRA
USERRA Applies to Managerial and Executive Jobs
Injunctive Relief under USERRA
James B. Hurley’s Saga Continues
Proposed “Children of Fallen Warriors AMT Relief Act”
USERRA Damages Can Be Awarded for Lost Military Pay
National Guard and Reservists Debt Relief Act of 2008
Federal Agency Employer Cannot Make You Quit the Reserves
Does a Merger Reset My Five-Year Clock? No.
New Case on Successor in Interest under USERRA
USERRA Liability of the Successor in Interest
Don’t Use Your Employer’s Equipment to Complain about your Employer
Successor in Interest Continued
Proposed Legislation To Promote Hiring of Recent Veterans
USERRA and Veterans’ Preference Laws Apply to California Court System
Supreme Court Upholds Constitutionality of Special Treatment for Veterans' Organizations
The Definition of "Uniformed Services"
National Guard: Yes, Title 32 duty is covered by USERRA
What Is “Noncareer” Service?
*No. 1032 Congress Enacts New Protections for Mobilized Students
No. 1032 Update Department of Education Promulgates New Regulations To Implement New Law on Mandatory Readmission of Mobilized Students
DOJ Files and Settles on the Same Day, Again
Prior Notice to the Civilian Employer Need Not Be in Writing
You Can Sue a Political Subdivision Under USERRA
*No. 1028 A Case Study of 38 U.S.C. Sections 4311 and 4312: Erickson v. United States Postal Service
DOJ Sues Company and Settles the Same Day
Special Protection against Discharge, Except for Cause
Union Tries To Make Returning Veterans Pay Back Dues upon Reemployment
Health Insurance Continuation During Service
Reinstatement of Health Insurance Coverage after Return from Military Service
USERRA Applies in Determining Career Overtime Average for Pension Purposes
The Civilian Employer Does Not Get a Veto
Progress on Bill Adding an Additional Exemption from the 5-Year Limit
The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
SCRA Applies to USPHS Officers
DLA Violates USERRA
Army Command Violates USERRA with respect to Hiring Government Contractor Employees as Federal Employees
Escalator Principle Applies to Entire Period of Military-Related Absence
11th Amendment Does Not Bar Suit against a State by the United States
Absentee Ballots MUST Be Mailed 45 Days before Election
You Only Get One Chance To Make Your Case
An Instructive New USERRA Case from Ohio
Differential Pay for Federal Employees—Continued
Don’t Sign on the Dotted Line Until You Understand
Reserve Component Survivor Benefit Plan for Reservist Who Marries After Notification of Eligibility to Participate
Active Duty that Enables You to Receive Reserve Retirement before Your 60th Birthday
Prior Approval Required for Uniformed Services Retiree or Reservist to Work for a Foreign Government
Does the New Federal Law on Military Voting Apply to Special Elections?
Generous Employer Not Required to Remain Generous
*No. 1003 Differential Pay for Federal Employees
Voluntary v. Involuntary Service—Continued
New Executive Order on Employment of Veterans in the Federal Government
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