How the Feres Doctrine Prevents Cadets and Midshipmen of Military-Service Academies from Achieving Justice for Sexul Assault

Sixty-seven years ago, Feres v. United States foreclosed service members from pursuing claims under the Federal Tort Claims Act (FTCA) for “injuries incident to their service.” The progeny of case law that has since developed, the basis for what is known as the Feres doctrine, expanded the scope of what the Feres Court originally articulated as an injury incident to service. Now, cadets and midshipmen of military-service academies who allege that the government (i.e., the administration of military-service academies) was negligent in handling their sexual assaults are precluded from bringing an FTCA claim because their injuries are classified as “incident to their service” under Feres. Cadets and midshipmen occupy an ambiguous status as both service members and students of military-service academies. Although cadets and midshipmen are considered service members under the law, they are also students of military-service academies where they will graduate with a bachelor’s degree and incur an active-duty obligation to serve in the officer corps of the U.S. Armed Forces after they graduate. This Note focuses on the ambiguous status of cadets and midshipmen and argues that they are more akin to students of civilian colleges than active- duty service members. Unlike cadets and midshipmen, civilian students can raise Title IX claims against their universities for student-on-student sexual harassment or assault. By comparing how claims fare for cadets and midshipmen under Feres to the same claims by civilian students under Title IX, this Note argues that cadets and midshipmen do not have the same opportunity to achieve justice as civilian students in like circumstances. This Note additionally examines the legal and policy arguments against extending the Feres doctrine to cadets and midshipmen. Considering the evidence that suggests when superiors allow sexual harassment it may lead to higher instances of sexual harassment and assault in the military ranks, this Note urges Congress to reexamine the FTCA to limit the scope of the judicially made Feres doctrine to exclude cadets and midshipmen from bringing FTCA claims for the negligent mismanagement of their sexual assaults by academy administration

The Invisibility of Gender in War

The generalized likelihood ratio (GLR) test is a widely used method for detecting abrupt changes in linear systems and signals. In this paper the marginalized likelihood ratio (MLR) test is introduced for eliminating three shortcomings of GLR while preserving its applicability and generality. First, the need for a user-chosen threshold is eliminated in MLR. Second, the noise levels need not be known exactly and may even change over time, which means that MLR is robust. Finally, a very efficient exact implementation with linear in time complexity for batch-wise data processing is developed. This should be compared to the quadratic in time complexity of the exact GLR

Cruise Report 63-S-2 - Exploratory

(PDF contains 4 pages.

Spartan Daily September 25, 2012

Volume 139, Issue 14https://scholarworks.sjsu.edu/spartandaily/1330/thumbnail.jp

Dollars and defense : a closer look at how military spending affects Fifth District communities in times of war and peace

Defense industries ; Federal Reserve District, 5th

Military Values in Law

Congress, for example, takes inappropriate advantage of the tremendous deference given by courts to its constitutional powers to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces.\n In a court-martial involving a military defendant and a civilian victim of sexual assault, application of the psychotherapist-patient privilege raises no difficult issues related to professional military values. When both the victim and the defendant are members of the military, however, the victim\u27s assertion of privilege is at least potentially inconsistent with the victim\u27s professional obligation to place the military\u27s institutional need to discipline misconduct undermining military readiness above an individual desire not to reveal communications concerning the criminal act

The Value of Human Capital during the Second Industrial Revolution—Evidence from the U.S. Navy

This paper explores the role of human capital on earnings and other measures of job performance during the late 19th century. During this time, U.S. Naval ocers belonged either to a regular or an engineer corps and had tasks assigned to their specialized training and experience. To test for the eects of specialized skills on performance, we compile educational data from original-source Naval Academy records for the graduating classes of 1858 to 1905. We merge these with career data extracted from official Navy registers for the years 1859 to 1907. This compilation comprises one of the longest and earliest longitudinal records of labor market earnings, education and experience of which we are aware. Our results suggest that greater technical skill translated into higher earnings early in careers, but wage premia diminished as careers progressed. From this evidence we argue that technical progress was more skill-depreciating than skill-biased during this period.

Spartan Daily November 21, 2011

Volume 137, Issue 45https://scholarworks.sjsu.edu/spartandaily/1099/thumbnail.jp

Human Capital and Technological Transition – Insights from the U.S.Navy

This paper explores the eects of human capital on workers during the latter 19th century by examining the specic case of the U.S. Navy. During this time, naval ocers belonged either to a regular or an engineer corps and had tasks assigned for their specialized training and experience. To test the eects of specialized skills on career performance, we compile educational data from original-source Naval Academy records for the graduating classes of 1858 to 1905. We merge these with career data extracted from ocial Navy registers for the years 1859 to 1907. This compilation comprises one of the longest and earliest longitudinal records of labor market earnings, education and experience of which we are aware. Our results suggest that wage premia for \engineer-skilled" ocers rapidly deteriorated over their careers; more traditionally skilled ocers were better compensated and promoted more frequently as their careers progressed. This compelled those with engineering skills to leave the service early, contributing to the Navy's failure to keep up with the technological frontier of the time.