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Military, War, and Peace Commons

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Full-Text Articles in Military, War, and Peace

The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, Eric R. Carpenter Mar 2018

The Bergdahl Block: How The Military Limits Public Access To Preliminary Hearings And What We Can Do About It, Eric R. Carpenter

William & Mary Bill of Rights Journal

Sergeant Bowe Bergdahl and Private First Class Bradley (now Chelsea) Manning have something in common. Military officials unlawfully closed all or portions of their preliminary hearings to the public. When doing so, military officials exploited two unusual features of the military justice system, thereby denying the accused and the media of their respective Sixth Amendment and First Amendment rights to a public hearing.

The first feature is that the military justice system does not include a standing trial-level court. If there is a problem at the preliminary hearing, the accused and media have nowhere to go for help. The accused …


Reforming The State Secrets Privilege, Amanda Frost Jan 2009

Reforming The State Secrets Privilege, Amanda Frost

Articles in Law Reviews & Other Academic Journals

No abstract provided.


What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson Jan 2002

What To Do With Bin Laden And Al Qaeda Terrorists?: A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission.

The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …


The Legality And Constitutionality Of The President's Authority To Initiate An Invasion Of Iraq, Mark R. Shulman Jan 2002

The Legality And Constitutionality Of The President's Authority To Initiate An Invasion Of Iraq, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Constitutional Law, Various Editors Jan 1973

Constitutional Law, Various Editors

Villanova Law Review

No abstract provided.


Frontiero V. Richardson, Lewis F. Powell Jr. Oct 1972

Frontiero V. Richardson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue Jan 1970

O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue

Villanova Law Review

No abstract provided.