The California Military and Veteran's Code, California Government Code and other California codes contain state laws applicable to service members and veterans, including the following:
Veteran's Preference in Civil Service Hiring: Cal. Government Code §18973.1
Extension of California Driver's License: Cal. Vehicle Code §12817
Extension of Business and Professional Licenses: Cal. Business & Professions Code §114-115.6,
Public Employee Entitlement to Leave of Absence for Service: Cal. Government Code §19771 et seq.; Cal. Mil. & Veterans Code §395 et seq.
Restoration of Employment: Cal. Government Code §19780 et seq.
Prohibiting Discrimination in Employment: Cal. Mil. & Veterans Code §§394.5, 395.06
Civil Relief (Similar to federal Servicemembers Civil Relief Act): Cal. Mil. & Veterans Code §§400 et seq., 800 et seq.
The following are some noteworthy legal issues that are unique to military law:
Servicemembers Civil Relief Act - 50 U.S.C. §3901 et seq. This Act protects service members from legal or financial disadvantage related to active duty or deployment, and allows for relief such as stay of civil cases, tolling of statutes of limitation, early termination of a lease or installment contract, retention of pre-enlistment residence for tax purposes, and other remedies. For more information about the Act see this fact sheet from the Department of Justice.
Repeal of "Don't Ask, Don't Tell" Statute - Former 10 U.S.C. §654 allowed discharge of homosexual or bisexual service members, but allowed individuals to avoid discharge by not disclosing their sexual orientation. Repealed on September 20, 2011 by the Don't Ask, Don't Tell Repeal Act of 2010, Pub. L 111-321, which prohibits the separation of service members based on sexual orientation.
Selective Service System (Draft) - Law requiring all male U.S. citizens and immigrant non-citizens to register for the draft within 30 days of their 18th birthday. 32 C.F.R. §1602.1 et seq.
Conscientious Objector Status: Allows individual who is opposed to war based on deeply held moral, ethical or religious beliefs to be discharged or classified as a non-combatant. 50 U.S.C. §3806(j); Department of Defense Instruction 1300.06. Each branch of the service has its own regulations regarding conscientious objector status.
Employment and Reemployment Rights: The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §4301 et seq. prohibits employers from denying employment, reemployment, promotion, or benefits based on military service.
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Military Law is the branch of public law governing the United States armed services, including the structure and operations of the armed services, 
military justice (military discipline and criminal law), and veterans and veterans benefits. Military law is found in the U.S. Constitution, United States Code, Code of Federal Regulations, case law and administrative decisions and publications.
United States Constitution:
United States Code:
Code of Federal Regulations:
Military justice refers to the military's criminal justice system, which is governed primarily by two sources of law, the Uniform Code of Military Justice (UCMJ), and the Manual for Courts-Martial (MCM).
The MCM is comprised of five parts:
Structure of the Military Court system:
Case Law for Military Justice Opinions:
Veterans' Benefits, 38 U.S.C. §101 - §8528
Department of Veterans Affairs, 38 C.F.R. §0.600 - §77.21
For more information, see the U.S. Dept. of Veterans Affairs tab and the California Dept. of Veterans Affairs tab in this guide.
HeinOnline's New Military guide contains current and historical military legal documents which can be used by law school professors, researchers and members of the public who have an interest in military law. It will be replacing the Winthrop Library’s Military Legal Collection that was previously hosted by the Library of Congress. Some of the titles include The Military Law Review, Judges advocate general legal center school publications, works from the Lieber collection and many more.
The San Diego Law Library has books and electronic resources available on the subject of Military Law, including those listed below. Our Librarians can assist you in locating these and other relevant materials in our Library and online databases. Just ask!
Military Criminal Justice: Practice and Procedure ~[172]~ The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families ~[172]~ Military Family Law ~[172]~ Military Rules of Evidence Manual ~[172]~ Servicemember and Veterans Rights ~[172]~ Specialized Legal Research ~[172]~
As legal practice areas become more specialized and less accessible sources of legal authority proliferate, clients often prove unwilling to bankroll extensive research. Specialized Legal Research will help you to locate what you need quickly and efficiently to master the sources unique to your field, and to cite authority your opposing counsel is unlikely to find. You will find detailed guidance on locating and using sources of law in each of these specialized areas of practice: Securities Regulation the Uniform Commercial Code Federal Income Taxation Copyright Law Federal Labor and Employment Law Environmental Law and Land use Planning Admiralty and Maritime Law Immigration Law Military and Veterans Law Banking Law Federal Patent and Trademark Law Government Contracts Custom Laws
Titles Available in Westlaw database:
Civil Protections and Remedies for Servicemembers
Court-Martial Advocacy
Military Law: Criminal Justice Administration and Process
Veteran's Rights and Benefits
This recording originally aired on January 30, 2024.