Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Human Rights Law (27)
- Military, War, and Peace (24)
- Constitutional Law (23)
- International Law (23)
- National Security Law (22)
-
- International Humanitarian Law (8)
- Criminal Law (7)
- Jurisdiction (7)
- President/Executive Department (6)
- Law Enforcement and Corrections (4)
- Law and Politics (4)
- Legal Ethics and Professional Responsibility (4)
- Social and Behavioral Sciences (4)
- Comparative and Foreign Law (3)
- Courts (3)
- Criminal Procedure (3)
- Health Law and Policy (3)
- Immigration Law (3)
- Jurisprudence (3)
- Law and Society (3)
- Administrative Law (2)
- Arts and Humanities (2)
- Criminology and Criminal Justice (2)
- Environmental Law (2)
- International Relations (2)
- Legal Studies (2)
- Political Science (2)
- Public Affairs, Public Policy and Public Administration (2)
- Rule of Law (2)
- Institution
-
- Selected Works (11)
- Yeshiva University, Cardozo School of Law (6)
- University of Richmond (5)
- American University Washington College of Law (4)
- Notre Dame Law School (4)
-
- Touro University Jacob D. Fuchsberg Law Center (4)
- U.S. Naval War College (4)
- University of Michigan Law School (3)
- Western New England University School of Law (3)
- St. Mary's University (2)
- University of Florida Levin College of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- Binghamton University (1)
- Boston University School of Law (1)
- Bridgewater State University (1)
- Brigham Young University (1)
- Case Western Reserve University School of Law (1)
- Chapman University (1)
- City University of New York (CUNY) (1)
- Fordham Law School (1)
- Loyola Marymount University and Loyola Law School (1)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Purdue University (1)
- San Jose State University (1)
- Seattle University School of Law (1)
- SelectedWorks (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- Publication Year
- Publication
-
- Cardozo Life (4)
- International Law Studies (4)
- Touro Law Review (4)
- Journal Articles (3)
- Media Presence (3)
-
- Erwin Chemerinsky (2)
- Faculty Scholarship (2)
- Law Faculty Publications (2)
- University of Richmond Law Review (2)
- All Faculty Scholarship (1)
- American University International Law Review (1)
- Articles (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Berta E. Hernández-Truyol (1)
- Binghamton University Undergraduate Journal (1)
- Brian Christopher Jones (1)
- Brigham Young University Prelaw Review (1)
- Catholic University Law Review (1)
- ConLawNOW (1)
- Craig Martin (1)
- Douglass Cassel (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Georgia Journal of International & Comparative Law (1)
- Jennifer Daskal (1)
- John C. Eastman (1)
- Kenneth Anderson (1)
- Kentucky Law Journal (1)
- Law Student Publications (1)
- Publication Type
Articles 1 - 30 of 77
Full-Text Articles in Law
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire Oakes Finkelstein, Harvey Rishikof
All Faculty Scholarship
In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists, psychiatrists, …
Zombie Courts: Lessons Learned From A Guantanamo Bay Military Commissions System That Refuses To Die, Michael J. Lebowitz
Zombie Courts: Lessons Learned From A Guantanamo Bay Military Commissions System That Refuses To Die, Michael J. Lebowitz
American University International Law Review
No abstract provided.
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
Telltale Marks: Looking Beyond Censorship Of Guantánamo, Aliana E. Sheers
Telltale Marks: Looking Beyond Censorship Of Guantánamo, Aliana E. Sheers
Binghamton University Undergraduate Journal
In the United States, the government holds a storytelling monopoly; the stories it tells of Guantánamo dictate its reality, regardless of whether or not those stories are true. I will examine the government’s public statements about Guantánamo, then contrast these with covert communications and actions taken. Additionally, I will analyze iconic American images painted by detainees in classes at Guantánamo to garner the detainee perspective on the prison and the U.S. Acceptance of a single story is the antithesis of democracy; only when we strive to uncover the whole truth can we claim we have freedom of speech.
An Evolution Of Legal Rights For Guantanamo Bay Detainees: Habeas Corpus In The 21st Century, Jennifer Hirst
An Evolution Of Legal Rights For Guantanamo Bay Detainees: Habeas Corpus In The 21st Century, Jennifer Hirst
Student Theses
Guantanamo Bay, resting under United States’ jurisdiction since the early 20th century, has infamously stood as the symbol for where alleged terrorists and constitutional protections disappear. However, between the years of 2004 – 2008, the United States Supreme Court ruled on four landmark cases, gradually providing Guantanamo Bay detainees constitutional protections and access to the writ of habeas corpus – allowing detainees for the first time to challenge the legalities behind their detentions. Subsequently, judicial and executive powers have continuously contested one another, as Supreme Court rulings and documents released by the Bush Administration have intentionally aimed to minimize the …
Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby
Us Military Medical Ethics In The War On Terror, George J. Annas, Sondra S. Crosby
Faculty Scholarship
Military medical ethics has been challenged by the post-11 September 2001 ‘War on Terror’. Two recurrent questions are whether military physicians are officers first or physicians first, and whether military physicians need a separate code of ethics. In this article, we focus on how the War on Terror has affected the way we have addressed these questions since 2001. Two examples frame this discussion: the use of military physicians to force-feed hunger strikers held in Guantanamo Bay prison camp, and the uncertain fate of the Department of Defense’s report on ‘Ethical Guidelines and Practices for US Military …
From Pelican Bay To Palestine: The Legal Normalization Of Force-Feeding Hunger-Strikers, Azadeh Shahshahani, Priya Arvind Patel
From Pelican Bay To Palestine: The Legal Normalization Of Force-Feeding Hunger-Strikers, Azadeh Shahshahani, Priya Arvind Patel
Michigan Journal of Race and Law
Hunger-strikes present a challenge to state authority and abuse from powerless individuals with limited access to various forms of protest and speech—those in detention. For as long as hunger-strikes have occurred throughout history, governments have force-fed strikers out of a stated obligation to preserve life. Some of the earliest known hunger-strikers, British suffragettes, were force-fed and even died as a result of these invasive procedures during the second half of the 19th century.
This Article examines the rationale and necessity behind hunger strikes for imprisoned individuals, the prevailing issues behind force-feeding, the international public response to force-feeding, and the legal …
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
International Law Studies
The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …
The Constitution And National Security, Erwin Chemerinsky
The Constitution And National Security, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Notre Dame Journal of Law, Ethics & Public Policy
The United States allows force-feeding of prisoners, regardless of their state of mind or mental health because they deem preservation of life as paramount. In the United Kingdom, a prisoner who is of a sound mind “can be allowed to starve himself to death.”1 This difference is due to the balance between the importance of preservation of life and of the right to self-determination and autonomy in medical decisions. My note will first briefly explore the history of force-feeding prisoners who are protesting for political purposes in both countries, and the relevant cases and statues that led up to the …
2016 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
2016 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Top News & Events, page 3
Clinics News, page 8
Faculty Briefs, page 12
Student Competitions, page 18
Building New York, page 20
Justice For All, page 24
Guantanamo: The Supreme Court Blinks, page 30
Going Global, page 35
In Brief, page 36
Movers & Shakers, page 38
Alumni News & Class Notes, page 39
Advancement News, page 44
In Memoriam, page 47
End Note: Talkin’ Bout My Generation, page 48
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Without Unnecessary Delay: Using Army Regulation 190–8 To Curtail Extended Detention At Sea, Meghan Claire Hammond
Northwestern University Law Review
This Note analyzes instances of U.S. detention of suspected terrorists while at sea as an alternative to Guantánamo, and how this at-sea detention fits in the interplay of U.S. statutory law, procedural law, and applicable international law. Of particular interest is the dual use of military and civilian legal regimes to create a procedural-protection-free zone on board U.S. warships during a detainee’s transfer from their place of capture to the U.S. court system. The Note concludes that U.S. Army Regulation 190–8 contains language of which the purpose and intent may be analogized to the Federal Rules of Criminal Procedure requirements …
Executive Order 13492: Legal Borderlands, Laura Diaz
Executive Order 13492: Legal Borderlands, Laura Diaz
Themis: Research Journal of Justice Studies and Forensic Science
On January 22, 2009, newly inaugurated President Barack Obama implemented Executive Order 13492. The order refers to the legal disposition of detainees at the Guantánamo Bay Naval Base and the termination of the detention center. The Executive Order lists five possible options to close Guantánamo Bay and to otherwise try and place current prisoners elsewhere: prosecution under military law, prosecution under federal law, permanent detainment, deportation and release. Still, Guantánamo Bay remains open. Guantánamo detainees exist in a legal limbo without formal charges and trial. Executive Order 13492 was created to place them elsewhere and close the detention center.
Guantanamo Bay: National Security Versus Civil Liberties, Michael W. Pond
Guantanamo Bay: National Security Versus Civil Liberties, Michael W. Pond
Brigham Young University Prelaw Review
No abstract provided.
"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch
"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch
Law Student Publications
The use of Guantanamo Bay as an extraterritorial detention center intended to house what the United States deems as "unlawful enemy combatants" has been problematic for several reasons. First, the United States government has argued that Guantanamo exists outside of its immediate territorial sovereignty, and therefore the detainees do not have to be afforded any significant procedural and substantive legal protections under the Constitution. Second, it is unclear how and to what extent United States activities in Guantanamo Bay conform to international human rights standards. Significantly, it has been questioned whether or to what extent public international and human rights …
Navigating A "Legal Black Hole": The View From Guantanamo Bay, Carlos Warner
Navigating A "Legal Black Hole": The View From Guantanamo Bay, Carlos Warner
ConLawNOW
This article discusses the unique and perhaps bizarre litigation surrounding the detainees held in Guantanamo Bay, Cuba by the United States Government. The article describes in detail the development of the litigation making “meaningful judicial review” impossible for the detained men. The article also describes how one attorney has strategically advanced the causes of his clients in spite of restrictive classification of material and impossible legal standards. The article describes the conditions and logistics surrounding visiting clients in Guantanamo and litigating cases.
Finally, the article concludes that the only way to "win" the Guantanamo litigation is through a "Dada" approach …
Obama’S Failure Of Leadership On Gitmo, Lauren Carasik
Obama’S Failure Of Leadership On Gitmo, Lauren Carasik
Media Presence
No abstract provided.
Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon
Detainees In The Global War On Terrorism Aboard Guantanamo Bay, Chad Lennon
Touro Law Review
No abstract provided.
Al Warafi’S Active Hostilities, Deborah Pearlstein
Al Warafi’S Active Hostilities, Deborah Pearlstein
Online Publications
As Marty Lederman’s earlier post explains, a D.C. district court is now considering the habeas petition of Guantanamo detainee Mukhtar Yahia Naji al Warafi, found in an earlier habeas case to be a member of the Taliban’s armed forces, who argues that because “hostilities” between the United States and the Taliban have ceased, the domestic statute (the AUMF) on which the United States has relied no longer authorizes his detention. Marty and I are, I believe, in substantial agreement about most aspects of the case. (And thanks to Marty for the link to my article, where I’ve written about the …
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman
Seattle University Law Review
Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention Against …
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Loyola of Los Angeles Law Review
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …
“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, Kristina H. Reardon
“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, Kristina H. Reardon
The Quiet Corner Interdisciplinary Journal
The quest of poetic justice carries Marc Falkoff’s 2007 anthology Poems from Guantanamo: The Detainees Speak into the court of public (literary) opinion. While the Pentagon asserts that poetry poses special security risks, and related translation issues may obscure the artistry or message of some of the 17 poets’ verse, Falkoff’s volume nevertheless gives prisoners’ voices a forum in which they might be heard. At the nexus of legal and literary scholarship, poetic voice and its expression become a site of deconstructing identity. The Guantanamo poets invite readers to explore the ways that aesthetics form perceptions of their identity as …
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
Traveling The Boundaries Of Statelessness: Global Passports And Citizenship, Berta E. Hernández-Truyol, Matthew Hawk
Berta E. Hernández-Truyol
An independent global citizenship without a local component and in the absence of the much-feared global government creates two concerns. One, an individual may imperil the rights of others, without a structure that can impose sanctions for the heinous conduct. Two, an individual's rights may be imperiled, and there may be no entity to provide protection. This essay proposes a model of a formal global citizenship that will alleviate these concerns and prove both practically and theoretically feasible. The model flows from the concept of dual or multiple nationality and offers global citizenship only as an elective nationality. Such citizenship …
Human Rights - Haitian Refugees - Haitian Refugees Housed At Guantanamo Bay Naval Base Held To Have No Valid Constitutional Or International Law Claims To Challenge Forced Repatriation By The U.S. Government. Haitian Refugee Center V. Baker, 953 F.2d 1498 (11th Cir. 1992), Cert. Denied, 112 S.Ct. 1245 (1992)., Jason A. Golden
Georgia Journal of International & Comparative Law
No abstract provided.
Colin Powell, Torture And Terror, Jonathan Cohen
Colin Powell, Torture And Terror, Jonathan Cohen
e-Research: A Journal of Undergraduate Work
This paper will address evidence linking the former Secretary of State, General Colin Powell, to the hotly-debated torture program of the George W. Bush (GWB) administration. The evidence in this paper suggests that the policies and practices of torture in the War on Terror were planned and authorized by General Powell and other senior officials in the GWB administration.
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Letter To Editor Indiana Magazine Of History, Bert Chapman
Letter To Editor Indiana Magazine Of History, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Letter responding to comparison of Guantanamo bay terrorist detainees with the noted Indiana Civil War case of Lambdin Milligan, ultimately decided by the U.S. Supreme Court, who was detained by Union military authorities during the Civil War for his pro-confederate activities and tried by a military court.
How Wartime Detention Ends, Deborah N. Pearlstein
How Wartime Detention Ends, Deborah N. Pearlstein
Articles
Despite efforts by two presidents to end U.S. detention operations at Guantanamo Bay, Cuba, closing Guantanamo has proven to be an extraordinary challenge. Some of the reasons why are historically common problems of prisoner repatriation, such as finding host countries for those who cannot be repatriated without facing the risk of persecution. Yet one significant contemporary obstacle to Guantanamo closure is without identifiable precedent: statutory spending conditions sharply restricting the President’s ability to transfer detainees away from the prison. As this essay demonstrates, in none of the major wars of the past century did Congress impose any such restriction. Rather, …
Suspension And Delegation, Amy Coney Barrett
Suspension And Delegation, Amy Coney Barrett
Journal Articles
A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be suspended only in cases of "rebellion or invasion" and when "the public Safety may require it. " Congress alone can suspend the writ; the Executive cannot declare himself authorized to detain in violation of civil rights. Despite the traditional emphasis on the importance of exclusive …