FEBRUARY 2025 | 25 THE OKLAHOMA BAR JOURNAL ENDNOTES 1. Jared Sparks, ed., The Writings of George Washington 13 (1834) (from Answer to an Address of the New York Provincial Congress, June 26, 1775). 2. Id. (Males between the ages of 16 and 60 were obligated to possess arms, “drill” every week, perform guard duty and defend the colonists against attacks from the Pequot tribe.). 3. 38 U.S.C. §§4301-4333 (2006 & Supp. 2008). 4. See id. §4301(a)(1). 5. See 38 U.S.C. §4301(a)(1)-(3) (individuals who serve in the armed services “shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of” their membership in the uniformed services.). 6. See id. §4311(a). 7. “Uniformed services” is not limited only to those serving in the Army, Air Force, Marines and Navy but also the Army and Air National Guard, Coast Guard and Public Health Service commissioned corps, as well as any other category designated by the president in time of war or emergency. 8. Lucy G. Barber, Marching on Washington: The Forging of an American Political Tradition, (California Press, 1971), p. 75 (2002) (Toward the end of World War I, the “Bonus Marchers,” who were unemployed after serving in the war effort, protested in an attempt to receive an early payment of a promised “bonus” to the veterans for their service – but not yet due for over a decade.). 9. See H.R. Rep. No. 103-65, at 18-19 (1993), as reprinted in 1994 U.S.C.C.A.N. 2449, 2451-52. 10. Pub. L. No. 90-40, 81 Stat. 100 (1967) (codified as amended at 50 U.S.C. app. §§451-471 (2006)). 11. Pub. L. No. 93-508, 88 Stat. 1578 (1974) (codified as amended in scattered sections of 38 U.S.C.); Nichols, 11 F.3d at 162. 12. Pub. L. No. 93-508, 88 Stat. 1594 (1974). 13. H.R. Rep. No. 103-65, at 18-19. 14. Stephen M. Duncan, ROA National Security Report: Gulf War Was a Test of Reserve Components and They Passed, Officer, June 1991, available at https://apps.dtic.mil/sti/tr/pdf/ADA352895.pdf. 15. See Pub. L. No. 103-353, §2(a), 108 Stat. 3150 (1994) (codified as amended at 38 U.S.C. §§4301-4333 (2006 and Supp. 2008)). 16. Alexei Oreskovic, “On the Home Front: Call up of Reservists Raises Questions for Employment Bar,” Recorder, Oct. 18, 2001, at 4. 17. See H.R. Rep. No. 103-65, at 19 (“[T]he Committee wishes to stress that the extensive body of case law that has evolved over that period, to the extent that it is consistent with the provisions of this Act, remains in full force and effect in interpreting these provisions. This is particularly true of the basic principle established by the Supreme Court that the Act is to be ‘liberally construed.’” Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 285 (1946); Ala. Power Co. v. Davis, 431 U.S. 581, 584 (1977). 18. Id. 19. Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 285 (1946). 20. 38 U.S.C. §4311(c)(1). 21. Sheehan v. Dept. of the Navy, 240 F.3d 1009, 1013-1014 (Fed. Cir. 2001). 22. Id. 23. 20 CFR §102.85. 24. Id. 25. 38 U.S.C. §4312. 26. 328 U.S. 275, 284-85 (1946). 27. 38 U.S.C. §4316(d). 28. WH Admin. Op. (Feb. 26, 1965). 29. 38 U.S.C. §4317(a)(1)(A). 30. 38 U.S.C. §§4312, 4316(a), 4318; 20 C.F.R. §1002.191. 31. Id. 32. 20 C.F.R. §1002.262(c). 33. Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 285 (1946). 34. “When Johnny Comes Marching Home Again” was a popular Civil War-era song. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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