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Full-Text Articles in Law
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Three Strikes And You're Outside The Constitution: Will The Guantanamo Bay Alien Detainees Be Granted Fundamental Due Process?, Michael Greenberger
Faculty Scholarship
The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, and approximately 90 detainees have been freed up to this time, …
Punishment And The War On Terrorism, Carl W. Tobias
Punishment And The War On Terrorism, Carl W. Tobias
Law Faculty Publications
Certain features of the war on terrorism impose novel and controversial punishment schemes. For example, President George W. Bush has unilaterally invoked executive authority to detain thousands suspected of terrorism over protracted times and to create military tribunals. The government has imprisoned two American citizens, denying them access to counsel for more than a year, and it has incarcerated 650 individuals without process at Guantanamo Bay. Bush administration officials recently announced that they would try some Guantanamo detainees in military commissions; however, these bodies will accord fewer protections than the civilian system or even courts-martial under the Uniform Code of …
An Essay On The Spirit Of Liberty In The Fog Of War, Patrick L. Baude
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 …