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The Inconvenience Of A “Constitution [That] Follows The Flag ... But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, Pedro A. Malavet
The Inconvenience Of A “Constitution [That] Follows The Flag ... But Doesn’T Quite Catch Up With It”: From Downes V. Bidwell To Boumediene V. Bush, Pedro A. Malavet
Pedro A. Malavet
Boumediene v. Bush, resolved by the U.S. Supreme Court in June of 2008, granted habeas corpus rights, at least for the time being, to the persons detained at Guantanamo Bay Naval Station. The majority partially based its ruling on the doctrine of the Insular Cases, first set forth in the 1901 decision in Downes v. Bidwell. Additionally, the four dissenting justices agreed with the five in the majority that the plurality opinion of Justice Edward Douglass White in Downes —as affirmed by a unanimous court in 1922 in Balzac v. People of Porto Rico— is still the dominant interpretation of …
Oped: Breaking Uf Racial Barriers, Pedro A. Malavet
Oped: Breaking Uf Racial Barriers, Pedro A. Malavet
Pedro A. Malavet
An OpEd describing the legal and personal struggle to desegregate the University of Florida College of Law on the 50th Anniversary of the matriculation of the first African American Student, George Starke. The essay describes how Virgil Hawkins was the last lead plaintiff in the litigation that produced Mr. Starke's matriculation and led to the graduation of W. George Allen.