Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

International Law

William & Mary Law School

Faculty Publications

Series

Due Process of Law

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone Jan 2012

The Legal Dilemma Of Guantanamo Detainees From Bush To Obama [Updated], Linda A. Malone

Faculty Publications

The stage for the Guantanamo detainees’ commission proceedings was set by the interplay between the Executive’s detention powers and the Judiciary’s habeas powers. The Bush administration turned to Congress to provide less than what was required by the court, instead of the minimum deemed necessary to comply with each decision, or to explore another legal argument for not complying. This article examines how the law for the Guantanamo detainees has been shaped by the US courts and by Congress. The article begins by observing the guidelines issued by the Supreme Court for compliance with the constitutional and humanitarian law requirements, …


The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone Jan 2011

The Legal Dilemma Of Guantánamo Detainees From Bush To Obama, Linda A. Malone

Faculty Publications

No abstract provided.