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Military, War, and Peace Commons

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Articles 1 - 5 of 5

Full-Text Articles in Military, War, and Peace

Responses To Ten Questions, Gregory E. Maggs Jan 2009

Responses To Ten Questions, Gregory E. Maggs

William Mitchell Law Review

No abstract provided.


Why The Hubbub About Habeas?: A Post-Mortem On A Failed Policy, Joseph Margulies Jan 2009

Why The Hubbub About Habeas?: A Post-Mortem On A Failed Policy, Joseph Margulies

William Mitchell Law Review

No abstract provided.


Reclaiming Skepticism: Lessons From Guantanamo, Heidi Kitrosser Jan 2009

Reclaiming Skepticism: Lessons From Guantanamo, Heidi Kitrosser

William Mitchell Law Review

No abstract provided.


Responses To Ten Questions, Stephen Dycus Jan 2009

Responses To Ten Questions, Stephen Dycus

William Mitchell Law Review

No abstract provided.


Guantánamo, Habeas Corpus, And Standards Of Proof: Viewing The Law Through Multiple Lenses, Matthew C. Waxman Jan 2009

Guantánamo, Habeas Corpus, And Standards Of Proof: Viewing The Law Through Multiple Lenses, Matthew C. Waxman

Faculty Scholarship

The Supreme Court held in Boumediene v. Bush that Guantánamo detainees have a constitutional right to habeas corpus review of their detention, but it left to district courts in the first instance responsibility for working through the appropriate standard of proof and related evidentiary principles imposed on the government to justify continued detention. This article argues that embedded in seemingly straightforward judicial standard-setting with respect to proof and evidence are significant policy questions about competing risks and their distribution. How one approaches these questions depends on the lens through which one views the problem: through that of a courtroom concerned …