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Full-Text Articles in Military, War, and Peace
Responses To Ten Questions, Gregory E. Maggs
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
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
Reclaiming Skepticism: Lessons From Guantanamo, Heidi Kitrosser
William Mitchell Law Review
No abstract provided.
Responses To Ten Questions, Stephen Dycus
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
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 …