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1984 Army Law. 1 (1984)

handle is hein.journals/armylaw1984 and id is 1 raw text is: THE ARMY

LAWYER

Headquarters, Department of the Army

Department of the Army Pamphlet
27-50-133
January 1984
Table of Contents
Legislative and Judicial Developments Under
the Uniformed Former Spouses' Protection
SAct1
Denial of Delay: A Limitation on the Right to
Civilian Counsel in the Military      13
The Military Police Corps: Combat Soldier
and Investigator                      26
HQDA Message-Military Justice Act of 1983 30
Letter, DAJA-CL 1983/6307, 13 Dec 1983,
subject: Instruction on the Military Justice
Act of 1983 and the Manual for Courts-
Martial                               32
Military Justice Act of 1983           38
JAGC History Update                    48
Judiciary Notes                        49
Regulatory Law Item                    50
Reserve Affairs Items                  50
Enlisted Update                        51
CLE News                               51
Current Material of Interest           59
Statement of Ownership                 62

Legislative and Judicial
Developments Under the
Uniformed Services Former
Spouses' Protection Act
Major Charles W. Hemingway
Instructor, Administrative & Civil Law
Division, TJA GSA
and
Ms. Emily Daniel
Legal Intern, Administrative & Civil Law
Division, TJA GSA
It has been less than a year since the Uni-
formed Services Former Spouses' Protection
Act' took effect, legislatively overruling
McCarty v. McCarty,2 and Congressional action
has already begun to generate much judicial
and legislative activity.
In McCarty, the Supreme Court held that
Congress intended that a military retiree's pen-
sion be his or her separate property and not a
property interest subject to division upon disso-
lution of the retiree's marriage. Writing for the
majority, Justice Blackmun recognized the
hardship and inequity the decision would cause
for many former spouses of military retirees but
suggested that, in light of the legislative history
1pub. L. No. 97-252, Title X, §§ 1001-1006,96 Stat, 730 (Sept.
8, 1982), codified at 10 U.S.C.A. § 1408 (West 1983)[herein-
after cited as the Act].
2453 U.S. 210 (1981).

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