Atomic Bomb Testing and the Warner Amendment: a Violation of the Separation of Powers
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2012 04 Newsletter
United States Atmospheric & Underwater Atomic Weapon Activities National Association of Atomic Veterans, Inc. 1945 “TRINITY“ “Assisting America’s Atomic Veterans Since 1979” ALAMOGORDO, N. M. Website: www.naav.com E-mail: [email protected] 1945 “LITTLE BOY“ HIROSHIMA, JAPAN R. J. RITTER - Editor April, 2012 1945 “FAT MAN“ NAGASAKI, JAPAN 1946 “CROSSROADS“ BIKINI ISLAND 1948 “SANDSTONE“ ENEWETAK ATOLL 1951 “RANGER“ NEVADA TEST SITE 1951 “GREENHOUSE“ ENEWETAK ATOLL 1951 “BUSTER – JANGLE“ NEVADA TEST SITE 1952 “TUMBLER - SNAPPER“ NEVADA TEST SITE 1952 “IVY“ ENEWETAK ATOLL 1953 “UPSHOT - KNOTHOLE“ NEVADA TEST SITE 1954 “CASTLE“ BIKINI ISLAND 1955 “TEAPOT“ NEVADA TEST SITE 1955 “WIGWAM“ OFFSHORE SAN DIEGO 1955 “PROJECT 56“ NEVADA TEST SITE 1956 “REDWING“ ENEWETAK & BIKINI 1957 “PLUMBOB“ NEVADA TEST SITE 1958 “HARDTACK-I“ ENEWETAK & BIKINI 1958 “NEWSREEL“ JOHNSTON ISLAND 1958 “ARGUS“ SOUTH ATLANTIC 1958 “HARDTACK-II“ NEVADA TEST SITE 1961 “NOUGAT“ NEVADA TEST SITE 1962 “DOMINIC-I“ CHRISTMAS ISLAND JOHNSTON ISLAND 1965 “FLINTLOCK“ AMCHITKA, ALASKA 1969 “MANDREL“ AMCHITKA, ALASKA 1971 “GROMMET“ AMCHITKA, ALASKA 1974 “POST TEST EVENTS“ ENEWETAK CLEANUP ------------ “ IF YOU WERE THERE, YOU ARE AN ATOMIC VETERAN “ The Newsletter for America’s Atomic Veterans COMMANDER’S COMMENTS knowing the seriousness of the situation, did not register any Outreach Update: First, let me extend our discomfort, or dissatisfaction on her part. As a matter of fact, it thanks to the membership and friends of NAAV was kind of nice to have some of those callers express their for supporting our “outreach” efforts over the thanks for her kind attention and assistance. We will continue past several years. It is that firm dedication to to insure that all inquires, along these lines, are fully and our Mission-Statement that has driven our adequately addressed. -
Atomic Veterans' View Regarding VBDR
The Atomic Veterans' View Regarding VBDR, Dose Reconstruction and the V. A. Claim Compensation Programs By: R. J. Ritter – C.E.M. Director - National Commander National Association of Atomic Veterans, Inc. February 16, 2007 1. Slide N001 On behalf of America’s atomic veteran community, I am pleased to offer their views, issues, comments and suggestions to the Veteran’s Advisory Board on Dose Re-construction, the Defense Threat Reduction Agency, the Department of Veteran’s Affairs, and those interested parties who are with us today. When first asked to prepare this presentation, I found it impossible to adequately convey, those views, concerns and opinions in 30 short minutes. It is well to note that America’s atomic veterans have been attempting, for the last 50+ years, to tell the stories of their experiences to those who have little or no interest in these events. With this in mind, I have selected a series of slides from a ( 90 minute ) public awareness program developed by NAAV, Inc., that will address their core issues within the allotted 30 minute period. This approach will adequately convey the depth, magnitude and importance of those radiation exposure events that were a critical part of their life experiences, and bring to the forefront the root cause for our presence here today. Slide N002 The year 1945 marked the dawn of the age of nuclear weapons, as the Manhattan Project proof tested the world’s first atomic bomb, and the decision by United States to used these atomic weapons to shorten the war in the Pacific. -
The Newsletter for America's Atomic Veterans
United States Atmospheric & Underwater Atomic Weapon Activities National Association of Atomic Veterans, Inc. 1945 “TRINITY“ “Assisting America’s Atomic Veterans Since 1979” ALAMOGORDO, N. M. Website: www.naav.com E-mail: [email protected] 1945 “LITTLE BOY“ HIROSHIMA, JAPAN R. J. RITTER - Editor July, 2011 1945 “FAT MAN“ NAGASAKI, JAPAN 1946 “CROSSROADS“ BIKINI ISLAND 1948 “SANDSTONE“ ENEWETAK ATOLL 1951 “RANGER“ NEVADA TEST SITE 1951 “GREENHOUSE“ ENEWETAK ATOLL 1951 “BUSTER – JANGLE“ NEVADA TEST SITE 1952 “TUMBLER - SNAPPER“ NEVADA TEST SITE 1952 “IVY“ ENEWETAK ATOLL 1953 “UPSHOT - KNOTHOLE“ NEVADA TEST SITE 1954 “CASTLE“ BIKINI ISLAND 1955 “TEAPOT“ NEVADA TEST SITE 1955 “WIGWAM“ OFFSHORE SAN DIEGO 1955 “PROJECT 56“ NEVADA TEST SITE 1956 “REDWING“ ENEWETAK & BIKINI 1957 “PLUMBOB“ NEVADA TEST SITE 1958 “HARDTACK-I“ ENEWETAK & BIKINI 1958 “NEWSREEL“ JOHNSON ISLAND 1958 “ARGUS“ SOUTH ATLANTIC 1958 “HARDTACK-II“ NEVADA TEST SITE 1961 “NOUGAT“ NEVADA TEST SITE 1962 “DOMINIC-I“ CHRISTMAS ISLAND JOHNSON ISLAND 1965 “FLINTLOCK“ AMCHITKA, ALASKA 1969 “MANDREL“ AMCHITKA, ALASKA 1971 “GROMMET“ AMCHITKA, ALASKA 1974 “POST TEST EVENTS“ AMCHITKA, ALASKA ------------ “ IF YOU WERE THERE, THE 1957 LAS VEGAS “MISS-NUKE” CONTEST WINNER YOU ARE AN ATOMIC VETERAN “ The Newsletter for America’s Atomic Veterans COMMANDER’S COMMENTS We will gather in Richmond, Va., on October 01, 2011 to celebrate 31 years of service to A. H. Bolin ( MN ) G. M. Everett ( MS ) honor the service and sacrifices of more Don McFarland ( WA ) W. J. Mitchell ( WA ) than 500,000 Atomic-Veterans, the majority J. C. Phillips ( AL ) M. A. Morriss ( VA ) of whom are now deceased, having carried G. D. Sherman ( ND ) R. -
2012 JULY NAAV Newsletter
United States Atmospheric & Underwater Atomic Weapon Activities National Association of Atomic Veterans, Inc. 1945 “TRINITY“ “Assisting America’s Atomic Veterans Since 1979” ALAMOGORDO, N. M. Website: www.naav.com E-mail: [email protected] 1945 “LITTLE BOY“ HIROSHIMA, JAPAN , R. J. RITTER - Editor July 2012 1945 “FAT MAN“ NAGASAKI, JAPAN 1946 “CROSSROADS“ BIKINI ISLAND 1948 “SANDSTONE“ ENEWETAK ATOLL 1951 “RANGER“ NEVADA TEST SITE 1951 “GREENHOUSE“ ENEWETAK ATOLL 1951 “BUSTER – JANGLE“ NEVADA TEST SITE 1952 “TUMBLER - SNAPPER“ NEVADA TEST SITE 1952 “IVY“ ENEWETAK ATOLL 1953 “UPSHOT - KNOTHOLE“ NEVADA TEST SITE 1954 “CASTLE“ BIKINI ISLAND 1955 “TEAPOT“ NEVADA TEST SITE 1955 “WIGWAM“ OFFSHORE SAN DIEGO 1955 “PROJECT 56“ NEVADA TEST SITE 1956 “REDWING“ ENEWETAK & BIKINI 1957 “PLUMBOB“ NEVADA TEST SITE 1958 “HARDTACK-I“ ENEWETAK & BIKINI 1958 “NEWSREEL“ JOHNSTON ISLAND 1958 “ARGUS“ SOUTH ATLANTIC 1958 “HARDTACK-II“ NEVADA TEST SITE 1961 “NOUGAT“ NEVADA TEST SITE 1962 “DOMINIC-I“ CHRISTMAS ISLAND JOHNSTON ISLAND 1965 “FLINTLOCK“ AMCHITKA, ALASKA 1969 “MANDREL“ AMCHITKA, ALASKA 1971 “GROMMET“ AMCHITKA, ALASKA 1974 “POST TEST EVENTS“ ENEWETAK CLEANUP - - - - - - - - - - - - “ IF YOU WERE THERE, YOU ARE AN ATOMIC VETERAN “ The Newsletter for America’s Atomic Veterans COMMANDER’S COMMENTS We will, therefore; with your kind blessings, continue to be as active as possible in our dedicated promotion of the history, honor-able The Veterans Advisory Board on ( radiation ) Dose service and contributions of America’s Atomic Veterans, to the Reconstruction ( VBDR ) held their 12th. Plenary national defense of our country, in accordance with our capabilities. Meetings, in San Antonio, Tx., on March 23rd & 24th, I have also agreed to continue on as editor of the NAAV newsletter, 2012. -
Nuclear Test Veterans - Compensation
Nuclear test veterans - compensation Standard Note: SNSC-05145 Last updated: 31 January 2013 Author: Patsy Richards Section Science and Environment A group of 1,011 services veterans and civilians from the UK, Fiji and New Zealand attempted to obtain a compensation hearing against the Ministry of Defence relating to alleged illnesses caused by exposure to radiation in nuclear weapons tests during the 1950s. In November 2010 the Court of Appeal upheld an MoD request to overturn a previous judgment waiving limitation requirements for a group of lead cases. In July 2011 the Supreme Court agreed to consider an appeal of this decision, but in March 2012 it ruled against the Atomic Veterans’ case proceeding. Contents 1 The legal action 2 1.1 Comparison to Mau Mau insurgency case 4 1.2 Compensation and the health needs report 5 2 Linking nuclear test radiation exposure to illness 7 2.1 Ministry of Defence position 8 2.2 Nuclear test veterans position 8 3 Compensation arrangements in other countries 9 3.1 United States 10 3.2 Canada 10 3.3 France 11 3.4 Australia 11 3.5 New Zealand 12 4 General background and further reading 12 4.1 Nuclear veterans 'merit pay-out' (BBC) 12 This information is provided to Members of Parliament in support of their parliamentary duties and is not intended to address the specific circumstances of any particular individual. It should not be relied upon as being up to date; the law or policies may have changed since it was last updated; and it should not be relied upon as legal or professional advice or as a substitute for it. -
Atomic Amnesia: Photographs and Nuclear Memory Jessie Boylana a Atomic Photographers Guild Published Online: 01 Jul 2015
This article was downloaded by: [1.124.49.31] On: 01 July 2015, At: 18:02 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Global Change, Peace & Security: formerly Pacifica Review: Peace, Security & Global Change Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/cpar20 Atomic amnesia: photographs and nuclear memory Jessie Boylana a Atomic Photographers Guild Published online: 01 Jul 2015. Click for updates To cite this article: Jessie Boylan (2015): Atomic amnesia: photographs and nuclear memory, Global Change, Peace & Security: formerly Pacifica Review: Peace, Security & Global Change, DOI: 10.1080/14781158.2015.1050367 To link to this article: http://dx.doi.org/10.1080/14781158.2015.1050367 PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to or arising out of the use of the Content. -
The Newsletter for America's Atomic Veterans
United States Atmospheric & Underwater Atomic Weapon Activities National Association of Atomic Veterans, Inc. 1945 “TRINITY“ “Assisting America’s Atomic Veterans Since 1979” ALAMOGORDO, N. M. Website: www.naav.com E-mail: [email protected] 1945 “LITTLE BOY“ HIROSHIMA, JAPAN R. J. RITTER - Editor March, 2011 1945 “FAT MAN“ NAGASAKI, JAPAN 1946 “CROSSROADS“ BIKINI ISLAND 1948 “SANDSTONE“ ENEWETAK ATOLL 1951 “RANGER“ NEVADA TEST SITE 1951 “GREENHOUSE“ ENEWETAK ATOLL 1951 “BUSTER – JANGLE“ NEVADA TEST SITE 1952 “TUMBLER - SNAPPER“ NEVADA TEST SITE 1952 “IVY“ ENEWETAK ATOLL 1953 “UPSHOT - KNOTHOLE“ NEVADA TEST SITE 1954 “CASTLE“ BIKINI ISLAND 1955 “TEAPOT“ NEVADA TEST SITE 1955 “WIGWAM“ OFFSHORE SAN DIEGO 1955 “PROJECT 56“ NEVADA TEST SITE 1956 “REDWING“ ENEWETAK & BIKINI 1957 “PLUMBOB“ NEVADA TEST SITE 1958 “HARDTACK-I“ ENEWETAK & BIKINI 1958 “NEWSREEL“ JOHNSON ISLAND 1958 “ARGUS“ SOUTH ATLANTIC 1958 “HARDTACK-II“ NEVADA TEST SITE 1961 “NOUGAT“ NEVADA TEST SITE 1962 “DOMINIC-I“ CHRISTMAS ISLAND JOHNSON ISLAND 1965 “FLINTLOCK“ AMCHITKA, ALASKA 1969 “MANDREL“ AMCHITKA, ALASKA 1971 “GROMMET“ AMCHITKA, ALASKA 1974 “POST TEST EVENTS“ AMCHITKA, ALASKA ------------ “ IF YOU WERE THERE, DRILLING DEEP SHAFTS FOR NUCLEAR WEAPON TESTS YOU ARE AN ATOMIC VETERAN “ The Newsletter for America’s Atomic Veterans COMMANDERS COMMENTS Well now, here we are three months into our 31st. year of assisting America’s Atomic D. D. Robertson ( MO ) G. H. Schwartz ( VA ) Veteran community. Collectively, we have W. E. Aubry ( MA ) R. C. Callentine ( TX ) been striving to gain full recognition and J. N. Levesque ( ME ) F. G. Howard ( FL ) ( where applicable ) ample compensation for T. F. Zack ( CA ) T. H. Rose ( MD ) those who stood before an invisible enemy, J. -
Radiation Victims April 10-14, 1980
Stichting Laka: Documentatie- en onderzoekscentrum kernenergie De Laka-bibliotheek The Laka-library Dit is een pdf van één van de publicaties in This is a PDF from one of the publications de bibliotheek van Stichting Laka, het in from the library of the Laka Foundation; the Amsterdam gevestigde documentatie- en Amsterdam-based documentation and onderzoekscentrum kernenergie. research centre on nuclear energy. Laka heeft een bibliotheek met ongeveer The Laka library consists of about 8,000 8000 boeken (waarvan een gedeelte dus ook books (of which a part is available as PDF), als pdf), duizenden kranten- en tijdschriften- thousands of newspaper clippings, hundreds artikelen, honderden tijdschriftentitels, of magazines, posters, video's and other posters, video’s en ander beeldmateriaal. material. Laka digitaliseert (oude) tijdschriften en Laka digitizes books and magazines from the boeken uit de internationale antikernenergie- international movement against nuclear beweging. power. De catalogus van de Laka-bibliotheek staat The catalogue of the Laka-library can be op onze site. De collectie bevat een grote found at our website. The collection also verzameling gedigitaliseerde tijdschriften uit contains a large number of digitized de Nederlandse antikernenergie-beweging en magazines from the Dutch anti-nuclear power een verzameling video's. movement and a video-section. Laka speelt met oa. haar informatie- Laka plays with, amongst others things, its voorziening een belangrijke rol in de information services, an important role in the Nederlandse anti-kernenergiebeweging. Dutch anti-nuclear movement. Appreciate our work? Feel free to make a small donation. Thank you. www.laka.org | [email protected] | Ketelhuisplein 43, 1054 RD Amsterdam | 020-6168294 Proceedings of the National Citizens'Hearings for Radiation Victims April 10-14, 1980 Nat ional Committee for Radiation Victim s N ational Committee for Radiation Victims 3 17 Pennsyl vania Avenue S.E ., w ashingt on , D .C. -
Radiation Injury and the Atomic Veteran: Shifting the Burden of Proof on Factual Causation Allan Favish
Hastings Law Journal Volume 32 | Issue 4 Article 8 1-1981 Radiation Injury and the Atomic Veteran: Shifting the Burden of Proof on Factual Causation Allan Favish Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Allan Favish, Radiation Injury and the Atomic Veteran: Shifting the Burden of Proof on Factual Causation, 32 Hastings L.J. 933 (1981). Available at: https://repository.uchastings.edu/hastings_law_journal/vol32/iss4/8 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. Radiation Injury and the Atomic Veteran: Shifting the Burden of Proof on Factual Causation By Allan Favish* Since 1945, the United States Government has conducted over six hundred announced nuclear detonations.1 The great majority of these tests have taken place at the Nevada Test Site, with over one hundred and twenty of these Nevada detonations occurring in the atmosphere.2 In 1951, the Department of Defense (DOD) began troop maneuvers in conjunction with many of these tests. Although the last of these "atomic war games" was conducted in 1962, only recently have the circumstances surrounding the testing been dis- closed.3 The facts are coming to light as a result of the difficulties * B.A., 1977, University of California, Los Angeles. Member, Third Year Class. Many of the documents cited in this Note are on file with the Hastings Law Journal. 1. Effect of Radiation on Human Health-Health Effects of Ionizing Radiation: Hearings Before the Subcomm. -
Radioactive Veterans: a New Look at the Nuclear History of America Craig M
Marquette Elder's Advisor Volume 14 Article 2 Issue 2 Spring Radioactive Veterans: A New Look at the Nuclear History of America Craig M. Kabatchnick P. Michelle Fitzsimmons Jonathan B. Kelly Follow this and additional works at: http://scholarship.law.marquette.edu/elders Part of the Elder Law Commons, and the Health Law Commons Recommended Citation 14 MARQ. ELDER’S ADVISOR 141 (2013) This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Elder's Advisor by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. 33718-mqe_14-2 Sheet No. 3 Side A 07/02/2013 13:56:24 PUBLISHED.KABATCHNICK.MACROS (DO NOT DELETE) 6/17/2013 5:29 PM RADIOACTIVE VETERANS: A NEW LOOK AT THE NUCLEAR HISTORY OF AMERICA Craig M. Kabatchnick*, P. Michelle Fitzsimmons** & Jonathan B. Kelly*** “We are all students of history, a search for the truth through extensive research and writings, but we are also in the process of becoming a part of history. You can never ask more from life. We will all be leaving behind a legacy for those who follow behind us.”1 * This article is dedicated to my wife Ruth, my daughter Rebecca Ashley Kabatchnick, my mother-in-law Lilian Fink, a survivor of World War II in Birmingham, England, and Robert Luskin; who have stood by my side and supported me at all times throughout my life and taught me to never quit, and that we may not at times have it all together, but together we have it all. -
Atomic Bomb Testing and the Warner Amendment: a Violation of the Separation of Powers
Washington Law Review Volume 65 Number 2 Dedicated to Professor Robert L. Fletcher 4-1-1990 Atomic Bomb Testing and the Warner Amendment: A Violation of the Separation of Powers William A. Fletcher Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Constitutional Law Commons Recommended Citation William A. Fletcher, Atomic Bomb Testing and the Warner Amendment: A Violation of the Separation of Powers, 65 Wash. L. Rev. 285 (1990). Available at: https://digitalcommons.law.uw.edu/wlr/vol65/iss2/7 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Copyright @ 1990 by Washington Law Review Association ATOMIC BOMB TESTING AND THE WARNER AMENDMENT: A VIOLATION OF THE SEPARATION OF POWERS William A. Fletcher* Abstract: Hundreds of thousands of American soldiers and civilians were exposed to radiation during atmospheric tests of atomic bombs between 1946 and 1963. An undetermined number of them are now ill or dead from diseases traceable to that exposure. In the early 1980s, some of the soldiers and civilians, or their survivors, brought damage suits against the private contractors that had helped the United States government carry out the tests. In 1984, Congress interfered with the judicial process by passing the Warner Amendment, which retroactively provided sovereign immunity to the contractors and required dismissal of the suits. Professor Fletcher shows that the Warner Amendment was passed for the specific purpose of requiring dismissal of the suits, thereby protecting the government and its contractors from the legal consequences of acts long since completed. -
Policy Statement on Claims for Ionising Radiation Related Conditions ` Overview
Policy Statement on Claims for Ionising Radiation Related Conditions ` Overview 1. This statement sets out the Department’s policy on deciding claims for war pensions where service- related ionising radiation exposure is alleged to have caused disablement or death. It also provides the reasoning and evidence on which the policy is based. Situations where claims covered by the policy would be expected to arise include: participation in the UK atmospheric nuclear tests in the Pacific and Experimental Weapons Programme in South Australia, or the subsequent clean-up operations, prisoners of war held near Nagasaki or Hiroshima during the Second World War, accidents on board nuclear submarines, employment as an industrial or medical radiographer. 2. War pension may be claimed for any disablement by anyone who has served in the British Armed Forces before 6 April 2005. Claims may be made at any time from service release. Decisions are medically certified and evidence- based and each case determined on its individual merits. Taking into account the burden and standard of proof applicable to the claim, entitlement may be certified where the service and medical facts and the contemporary medical understanding of the condition claimed show a causal link between service and the claimed condition. For ionising radiation cases, entitlement will be considered where there is reliable evidence of service exposure to ionising radiation and there is a recognised causal link between the claimed condition and such exposure. 3. Service-related ionising radiation exposure will be accepted where, as a result of service, there is exposure to a measurable level of ionising radiation as determined by a radiological dosimetry specialist report and derived from direct measurement or estimate.