Browsing by Author "Huffman, Walter B."

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The Acquisition Law Specialty Program—Where Are We Going?
(1985) Moss, Frederick E.; Huffman, Walter B.
There are few attorneys that specialize in acquisition law, and senior Army leadership requested that the Judge Advocate General (JAG) office become more involved in major acquisitions. In response, JAG increased training in acquisition law, increased the number of JAGC officers eligible to pursue an L.L.C. in government contracting, and increased JAGC’s participation in major acquisitions. This article discusses the need for and the actual implementation of an acquisition legal specialty program as well as the goals of the program.
Constitutional Law-Equal Protection-Utah Statute Setting Different Ages of Majority for Males and Females Is Unconstitutional. Stanton v. Stanton, 421 U.S. 7 (1975)
(1975) Huffman, Walter B.
This article analyzes the seminal Supreme Court decision in Stanton v. Stanton, in which the Supreme Court struck down a Utah law that distinguished the age of majority for men and for women. The article explains the Supreme Court’s reasoning in Stanton, specifically its reliance on the precedent established in Reed v. Reed.
DoD Directive 7200.1 and the Army’s Proposed Dollar Target System: Are Allowances Allowable?
(1980) Huffman, Walter B.
The Department of Defense and the Army both responded to the Anti-Deficiency Act with various regulations and publications. The Department of Defense published DoD Directive 7200.1, which was designed to control agency appropriations and fix responsibility for violations of the Anti-Deficiency Act. The Army proposed an allowance system which would give greater flexibility in managing funds and would reduce the risk of violating the Anti-Deficiency Act. The Department of Defense is currently reviewing the Army’s proposal, and the author hopes the Army will approve the proposal or possibly incorporate some of the modifications included in the proposal.
The Fourteenth Hugh J. Clausen Lecture in Leadership
(Military Law Review, 2009) Huffman, Walter B.
The transcript of Major General (Ret.) Walter Huffman’s lecture at the annual Hugh J. Clausen Lecture in Leadership.
Legal Assistance Items, April 1982
(1982-04) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Heffelfinger, Harlan M.; Grendell, Timothy J.
Notices of tax deficiency sent to APO and FPO addresses are deemed to be addressed to a person not living in the United States. When garnishing wages, the government is responsible only to honor writs issued by a “court of competent jurisdiction.” The Army Family Program was created to further the quality of life of military families.
Legal Assistance Items, August 1980
(1980-08) Alvarey, Joel R.; Fowler, Joseph C.; Huffman, Walter B.
A Maryland equity court can enforce an alimony decree of another state using the same equitable remedies and sanctions it would use to enforce a decree it had entered in the first instance. The Oregon Court of Appeals declined to hold that retirement benefits are per se marital property to be divided at the time of divorce. Divorces may be granted in Pennsylvania without proof of fault or finding of marital misconduct, and the courts are empowered to award alimony. An ex-spouse in Minnesota was awarded money in the divorce for helping finance her husband’s medical education. Delaware’s new statute allowing for a divorce without a showing of mutual fault still requires a showing of mutuality of incompatibility. New Jersey allows a properly conducted Human Leucocyte Antigen (HLA) test to be admissible in proving paternity. A nonemployee ex-spouse must have the option during divorce of receiving his or her part of the division of a military retirement pension before actual retirement. Military retirement pay is an asset divisible upon divorce.
Legal Assistance Items, August 1981
(1981-08) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
Texas cannot compel jury service for active duty military members acting under federal law and the orders of a superior.
Legal Assistance Items, February 1981
(1981-02) Alvarey, Joel R.; Fowler, Joseph C.; Huffman, Walter B.
That statutory right to modification of alimony may be waived in a separation agreement. South Dakota courts are able to retroactively modify court-ordered child support payments under proper circumstances. The Uniformed Services Survivor Benefits Amendments of 1980 made various changes to the Survivor Benefit Plan. A Texas appeals court determined that a military pension earned either before marriage or while a married couple resides in a common law property state is the separate property of the retire service member.
Legal Assistance Items, February 1982
(1982-02) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
A collection of legal updates and news related to military legal assistance. The amended Truth-in-Lending Act requires disclosure violations to be “material” before statutory damages of twice the finance charge are awarded whereas materiality doesn’t matter when awarding actual damages, attorney’s fees, or court costs. A consumer report should not have been released to a private investigator because there was no legitimate purpose relating to a consumer relationship between the requesting party and the subject of the report.
Legal Assistance Items, January 1981
(1981-01) Alvarey, Joel R.; Fowler, Joseph C.; Huffman, Walter B.
A collection of legal updates pertaining to military legal assistance. A Chapter 13 bankruptcy reorganization plan was rejected by the court for lack of good faith because the individual debtors had the ability to pay more than what they had proposed in the plan.
Legal Assistance Items, January 1982
(1982-01) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
A collection of legal updates relating to military legal assistance. Attorneys should be aware of the actual law as written in the Fugitive Felon Act but should also be aware of the Department of Justice’s policy in applying the law.
Legal Assistance Items, July 1981
(1981-07) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
The survivors of former or retired military personnel sometimes do not receive the survivor benefits to which they are entitled by virtue of the decedent’s military service. These system failures most often occur because of a lack of knowledge concerning potential entitlements on the part of survivors and personal representatives. Some method of alerting survivors and personal representatives to potential benefits is advisable.
Legal Assistance Items, July 1982
(1982-07) Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
A seven-minute videotape entitled "An Introduction to Writing Your Will" is available and was designed for use in legal assistance office waiting rooms, unit preventive law classes, and pre-deployment briefings. The State Bar of North Carolina initiated a three-phase military legal assistance program to assist military legal assistance officers in their representation of qualified military members.
Legal Assistance Items, June 1981
(1981-06) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
Legal Assistance Office libraries should contain available source material; the article lists publications which can be obtained for free or for minimal expense. A collection agency harassed debtors in violation of the Fair Debt Collection Practices Act when its employees inquired into the possession of highly personal items and told the debtors that they should not have children if they could not afford them.
Legal Assistance Items, June 1982
(1982-06) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Heffelfinger, Harlan M.; Grendell, Timothy J.
The announcement of a seminar on the military family covering the following subjects: the Military Family Resource Center; military benefits for the family; update on McCarty; the Soldiers' and Sailors' Civil Relief Act and jurisdiction with an overview on enforcement of support; the role of the legal assistance officer and divorce; legal ethics, separation agreements, and taxation; and custody and visitation and the military family.
Legal Assistance Items, March 1981
(1981-03) Alvarey, Joel R.; Fowler, Joseph C.; Huffman, Walter B.
Missouri will now allow a nonresident to serve as the personal representative of a decedent’s estate. Missouri’s state inheritance tax was repealed; under the new law, the state will now impose a "pickup tax (a state estate tax equal to the credit allowed by the federal estate tax laws for state death taxes paid). Missouri now also allows separate writings or lists which contain specific bequests of the decedent’s tangible personal property to be incorporated by reference and has adopted a self-proving provision.
Legal Assistance Items, March 1982
(1982-03) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
The Military Family Resource Center (MFRC) is an international center to support family advocacy in the military services and to assist professionals who provide help to military people and their families around the world. Ex Parte Buckhanan upholds the right of divorced military retirees in Texas to unilaterally terminate the payment of retired pay to his or her former spouse pursuant to the terms of a divorce decree and raises the specter of possible counter suits by retirees against their former spouses to recoup previously paid portions.
Legal Assistance Items, May 1982
(1982-05) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
The failure to notify a spouse of electing out of a survivor benefit plan voids the election under the Survivor Benefit Plan (SBP) statute. A personal assets inventory completed at the time of will execution can later help a surviving spouse or executor locate estate assets and documents.
Legal Assistance Items, November 1980
(1980-11) Alvarey, Joel R.; Fowler, Joseph C.; Huffman, Walter B.
Maryland now awards rehabilitative, not permanent, alimony. All relevant factors should be considered when awarding alimony, and it should be awarded only for the period of time needed to allow the receiving party to become self-supporting in a manner not unconscionably disparate with the paying party.
Legal Assistance Items, November 1981
(1981-11) Alvarey, Joel R.; Huffman, Walter B.; Joyce, John F.; Grendell, Timothy J.; Heffelfinger, Harlan M.
Notice that a creditor is an assignee was sufficient to meet the requirements of the Truth In Lending Act and Regulation Z. Louisiana will not recognize a foreign divorce of one of its residents serving as an active duty military member by reasoning that divorce is based on domicile. A lease agreement was not a disguised credit agreement under the Truth In Lending Act because the lessee was only obligated to make one rent payment, which was substantially lower than the value of the rented item.