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Criminal Procedure

William & Mary Bill of Rights Journal

Journal

Due Process of Law

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu Oct 2011

Shadowing The Flag: Extending The Habeas Writ Beyond Guantanamo, Dawinder S. Sidhu

William & Mary Bill of Rights Journal

The writ of habeas corpus activates courts’ duty to check arbitrary or unlawful restraints by the Executive on individual liberty. In times of war, courts have been compelled to determine whether the writ is available to individuals held by the Executive outside of the territorial boundaries of the United States. In Johnson v. Eisentrager, in which World War II detainees were held in Germany, the Supreme Court answered in the negative, while in Boumediene v. Bush, involving post–9/11 detainees housedat Guantánamo, the Court reached the opposite conclusion. Operating within these two guideposts, the U.S. Court of Appeals for the District …


Your Honor, I Seen Him With That Gang: The Constitutionality Of The Federal Criminal Street Gang Statute In The Wake Of Apprendi V. New Jersey, Jennifer E. Fleming Oct 2009

Your Honor, I Seen Him With That Gang: The Constitutionality Of The Federal Criminal Street Gang Statute In The Wake Of Apprendi V. New Jersey, Jennifer E. Fleming

William & Mary Bill of Rights Journal

No abstract provided.


Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban Dec 2007

Be They Fish Or Not Fish: The Fishy Registration Of Nonsexual Offenders, Ofer Raban

William & Mary Bill of Rights Journal

No abstract provided.