Open Access. Powered by Scholars. Published by Universities.®
President/Executive Department Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Cuba (2)
- Guantanamo Bay (2)
- 1798 Declaration of the Rights of Man and the Citizen (1)
- 1958 Constitution (1)
- 1991 Factortame case (1)
-
- 1998 Human Rights Act (1)
- A More Democratic Fifth Republic (1)
- A. Dicey (1)
- Administrative Committee on Co-ordination of the United Nations and the Specialized Agencies (1)
- Administrative Rights Tradition (1)
- American public law (1)
- Article 19 of the UN Charter (1)
- Articles 57 and 63 of the UN Charter (1)
- Aviation (1)
- Belgian Senator Francis Delpérée (1)
- Belgium (1)
- Breaches of peace (1)
- Brexit (1)
- Brighton Declaration (1)
- British Conservative Party (1)
- British Judges (1)
- CJEU (1)
- CRA (1)
- Cameron Government (1)
- Charles de Gaulle (1)
- Charter of the United Nations (1)
- Committee of Ministers (1)
- Committee on the Peaceful Uses of Outer Space or the Eighteen Nation Disarmament Committee (1)
- Compulsory jurisdiction (1)
- Connally Amendment (1)
Articles 1 - 5 of 5
Full-Text Articles in President/Executive Department
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 …
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford
War By Legislation: The Constitutionality Of Congressional Regulation Of Detentions In Armed Conflicts, Christopher M. Ford
Northwestern University Law Review
In this essay, Ford considers provisions of the 2016 National Defense Authorization Act (NDAA) which place restrictions on the disposition of detainees held in Guantánamo Bay. These provisions raise substantial separation of powers issues regarding the ability of Congress to restrict detention operations of the Executive. These restrictions, and similar restrictions found in earlier NDAAs, specifically implicate the Executive's powers in foreign affairs and as Commander in Chief. Ford concludes that, with the exception of a similar provision found in the 2013 NDAA, the restrictions are constitutional.
New Judicial Review In Old Europe, Alyssa S. King
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
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.
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Some Structural Dilemmas Of World Organization, C. Wilfred Jenks
Georgia Journal of International & Comparative Law
No abstract provided.