COMM 393 Study Guide - Joely Collins, Forum Selection Clause, Implied Warranty
Document Summary
Liebmann applied for the position of executive assistant to the commanding officer. Staff officers recommended he be appointed and the. When command staff became aware that liebmann was. Liebmann challenged the decision, as well as cfao. 20-53 (an enactment for which the decision was based upon) under s. 15 of the charter. Reasons: cfao 20-53 was not the reason that liebmann was not permitted to serve in the persian. Gulf and was not in effect when the decision not to give him the position was made. 20-53 was not relevant to the action before the court and thus should not be considered: the charter applies to decisions made under delegated statutory authority. The charter applies to decisions made under delegated statutory authority. Infringement of s. 15 of the charter occurs if someone is treated differently based on characteristics outlined in s. 15, and as a result the person"s dignity is demeaned.
