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An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude Jan 2004

An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude

Articles by Maurer Faculty

This article previews the Supreme Court's decision in the Guantánamo prisoners' cases, arguing they should be dismissed for failure of jurisdiction. The worst possible outcome for civil liberties in wartime would be a decision to adjudicate the rights of the prisoners under an anemic view of individual rights and judicial jurisdiction. It is evident that the Court will not apply a robust conception of due process to these cases, in light of the inevitable pressures of national security in wartime. But faint-hearted judicial review, the likely result, will foster the political illusion that business as normal for our constitutional system …


Due Process Of Law Under The United States Constitution, Hugh Evander Willis Jan 1926

Due Process Of Law Under The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.