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Articles 1 - 8 of 8

Full-Text Articles in Law

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins Jan 2010

Talk Loudly And Carry A Small Stick: The Supreme Court And Enemy Combatants, Neal Devins

Faculty Publications

No abstract provided.


Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad Jan 2008

Preferring Defects: The Jurisdiction Of Military Commissions, Madeline Morris, Allison Hester-Haddad

Faculty Scholarship

No abstract provided.


Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris Jan 2008

Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris

Faculty Scholarship

On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.


Section 2: Moot Court, Guantanamo Detainees & The Military Commissions Act, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 2: Moot Court, Guantanamo Detainees & The Military Commissions Act, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf Apr 2007

The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


The Orwellian Military Commissions Act Of 2006, Michael C. Dorf Mar 2007

The Orwellian Military Commissions Act Of 2006, Michael C. Dorf

Cornell Law Faculty Publications

In three decisions in 2004 and 2006, the Supreme Court of the United States rejected the sweeping claims by President Bush that his role as Commander in Chief entitled him to detain persons indefinitely and, if he chose, to subject them to war crimes trials before military commissions that did not have all of the procedural protections of courts martial. The Court's rulings, however, left open the possibility that, notwithstanding the treaty obligations of the United States under the Geneva Conventions, Congress could authorize the President to take the steps that he could not take unilaterally. In the Military Commissions …


The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson Jan 2007

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Reports

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …


The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley Jan 2007

The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.