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Full-Text Articles in Law

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky Jun 2017

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky Jun 2014

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton Jan 2009

Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton

Vanderbilt Law School Faculty Publications

The Obama Administration confronts many of the same practical and legal complexities that interagency experts debated in the fall of 2001. Military commissions remain a valid, if unwieldy, tool to be used at the discretion of a Commander-in-Chief. Refinement of the commission procedures has consumed thousands of legal hours within the Department of Defense, as well as a significant share of the Supreme Court docket. In practice, the military commissions have not been the charade of justice created by an overpowerful and unaccountable chief executive that critics predicted. In light of the permissive structure of U.S. statutes and the framework …


The Military Commission In The War On Terrorism, Haridimos V. Thravalos Jan 2006

The Military Commission In The War On Terrorism, Haridimos V. Thravalos

Villanova Law Review

No abstract provided.


Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust Jan 2001

Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust

Michigan Journal of International Law

On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …