Student's Law Journal Article Cited by Time Magazine
A recent story appearing in Time magazine relies heavily on its citation of an article by law student Spencer Nelson arguing that allowing private military contractors to be sued in some circumstances is the correct course of action.
The January 7 Time article by David Isenburg examines the U.S. military establishment's traditional immunity for casualties that occur to those in uniform and whether immunity is warranted in cases involving civilian contractors. Isenburg discusses several pertinent cases and cites Nelson's conclusion that the Koohi case presents the most appropriate handling of the issue.
"When considered in light of Legislative and Executive Branch intent, the Koohi holding is appropriate because it recognizes that private contractors have a duty of care and risk civil and criminal liability, but that risk excludes those 'against whom force is directed as a result of authorized military action,'" writes Nelson.
Nelson's article, "Establishing a Practical Solution for Tort Claims Against Private Military Contractors: Analyzing the Federal Tort Claims Act's 'Combatant Activities Exception' Via a Circuit Split," originally was published in the George Mason University Civil Rights Law Journal, for which Nelson serves as Articles Editor.