• Abstract and Figures
• Public Full-text

Headquarters Department of the Army Department of the Army Pamphlet 27-50-251 October 1993 Table of Contents f- Articles A“Society Ap&?”TheMilitary’s Response totheTheatof AIDS.................................................................................................................................... 3 Elizabeth Beard McLuughlin United Stares v. Berri: The Automatism Defense Rears Its Ugly Little Head ................................. .................................................................................... 17 Major Michael J. Davidson and Captain Steve Walters USALSA Report ............................................. ....................................................................................................................... 26 ..................................... United States Army Legal Services Agency The Advocate for Military Defense Counsel DAD Notes ............................ .............................................................................................. 26 ......................................... The ACMR clarifies Berrelson Inquiry Requirementsin Mixed-PleaCourts-Martial;Do Military Judges Pass ConstitutionalMuster? TJAGsA Practice Notes ............... .................................................................................................................................................. 31 Faculfy, The Judge Advocate General’s School Criminal Law Notes ............................................................................. ........................................................................................................................... 31 Trial Judges Have Wide Latitude in Granting or Denying Causal Challenges;Courts of Review Split on “Self-Help” Defense Legal Assistance Items .......................... ......................................................................................... 34 ................................................................................. Does the SSCRA Toll Statutes of Limitations for All Proceedings?; Tax Notes (Electronic Rling of Federal Income Tax Returns; The hedForces Tax Council); Facsimile Precautions;Eligibility for Legal Assistance Conma Notes ............................................................ ..................................................................................................... 38 ....................................... Funding Issues in Operational Settings; Default TerminationUpdate r“ Claims Report ............................................................................................... 42 ............................................ United States Army Claim Service Personnel Claims Note (Increase in Carrier Liability-overseas Shipments); 1992 Affirmative Claims Report; Management Note (New Codes for Fiscal Year 1994) .. iProfessiona1Responsibility Notes .................................................................................................................................. .......................... 46 1 OTJAG Standards of Conduct wee Ethical Awareness; Bar Ethics Opinions: Army Rule 1.6 (Confidentiality of Information) Guard and Reserve Affairs Items ..................................................................................................... L ............ ................................................... 48 /- Judge Advocate Guard and Reserve AffSairs Division,OTJAG Update from ARPERCEN; 'Ihe Judge Advocate General's Continuing Legal Education (On-Site) Schedule Update CLE News ...................... ......................................................................................................................................................................................... 50 Current Mateiial of Interest .............................................................. *:..................................................................................................................... 52 The Army Lawyer (ISSN 0364-1287) Editor Captain John B. Jones, Jr. The Army Lawyer articles are indexed in the Index to Legal The Army Lawyer is published monthly by The Judge Advocate Periodicals, Current index, the kgal Resources Index, and the General's School for the official use of Army lawyers in the performance the Lav of their legal responsibilities. The opinions expressed by the authors in Index to US. Government Periodicals. the articles, however, do not necessarily reflect the view of The Jvdge Individual paid subscriptions are available through the Superintendent Advocate Genera or the Department of the Army. Masculine or of Documents, U.S. Government Printing Office, Washington, D.C. feminine pronouns appearing in this pamphlet refer to both genders 20402. unless the context indicates another use. Address changes: Reserve Unit Members: Provide changes to your The Amy Lawyer welcomes articles on topics of interest to military unit for SIDPERS-USAR entry. ZRR, ZM, or AGR: Provide changes to lawyers. Articles should be typed double-spaced and submitted to: personnel manager at ARPERCEN. National G d and Active Duty: Editor, The Amy Lawyer, The Judge Advocate General's School, U.S. Provide changes to the Editor, The Army Lawyer, TJAGSA, Army, Charlottesville, Virginia 22903-1781. Footnotes, if included, Charlottesville, VA 22903-1781. should be typed double-spaced on a separate sheet. Articles also should Issues may be cited as AM LAW.,[date], at [page number]. be submitted on floppy disks, and should be in either Enable, WordPerfect, Multimate, DCA RFT,or ASCn format. Articles should Second-class postage paid at Charlottesville, VA and 'additional follow A Wnifonn System of Citafion (15th ed. 1991) and Military mailing offices. POSTMASTER: Send address changes to The Judge Citation (TJAGSA, July 1992). Manuscripts will be returned only upon Advocate General's School, U.S. Army, Attn: JAGS-DDL, specific request. No compensation can be paid for articles. CharlottesviUe, VA 22903-1781. A “Society Apart?” The Military’s Response to the Threat of AIDS 64 Elizabeth Beard McLuughlin Introduction tive HIV; (3) AIDS-related complex; (4) AIDS; and (5) death caused by an opportunistic disease.2 Although sometimes described as a “society apart,”’ as a discrete and insular community limited by its own mission, its Stage One begins with initial HTV infection. At this stage, own structure, and its own specialized needs, the United HIV antibodies have not yet developed in the blood, therefore, States Forces faces many Of the Same issues infection cannot yet be detected. mefirst stage can last any­ within its ranks as does American society at large. One of the where from three weeks to six months before seroconversion most challenging social issues of our time is the spread of occurs and Stage Two begins.3 AIDS. The military community met this difficult issue early on, and head-on. After seroconversion takes place, HIV can be detected by a ~h~article will discuss the threat of AIDS generally, and blood test. The most important aspect of Stage Two is the the various proposals made by government and health care ability to infect others- Stage Two carriers remain HIv Psi­ officials for halting its spread. Measures taken by the military tiVe for life, even if they never develop clinical community to limit the spread of AIDS both within the ranks and without will be examined in detail. The focus of this arti­ Stage Three begins when two or more of the following clin­ cle will be the aggressive and creative use of the military jus­ ical symptoms of HIV infection develop: fevers, diarrhea, tice System as a tool of deterrence and Punishment for those swollen lymph nodes, severe weight loss, night sweats, who spread the disease. The article will conclude with a sum­ exhaustion, and neurological disorders such as AIDS &men­ mary of cases to come, an evaluation of the military‘s policy tia> toward AIDS, and a discussion of what state and federal civil governments can learn and perhaps adopt for themselves from The fourth stage is AIDS. The Centers for Disease Con­ this “society apart.” trol’s definition of AIDS requires the existence of opportunis­ P tic cancers and infections.6 At this stage the immune system The AIDS Epidemic has deteriorated to the point where the patient is susceptible to AIDS: The Scient@ Data diseases that rarely occur in healthy people. Once a patient has advanced to AIDS, his or her condition is conclusively AIDS is the acronym for Acquired Immunodeficiency Syn­ presumed to be drome. A person with ADS has the human immunodeficien­ cy virus (HIV),which damages the body’s immune system The last stage, death, usually occurs within two years after and opens the body to diseases that take advantage of the AIDS has developed. The damage to the immune system ulti­ immune system’s weakened condition. The presence of an mately becomes so extensive that the patient dies from the HIV antibody indicates that a person is infected with the pre­ opportunistic disease rather than from AIDS itself.7 cursor to AIDS; it does not mean that the person has AIDS, will necessarily develop AIDS, or will die from AIDS. The spread of AIDS often has been referred to as a scourge of epidemic proportions. But AIDS cannot be likened to other AIDS is most easily explained as a progression through five well-known epidemic diseases such as tuberculosis because stages of HIV infection: (1) seronegative HIV; (2) seroposi­ HTV has no airborne infection capability and AIDS cannot be ‘Parker v. Levy, 417 U.S. 733.744 (1974) (citing Orloff v. Willoughby. 345 US.83.94 (1953)).

Load more

  60

Copy Link