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Crafting Military Commissions Post-Hamdan: The Military Commissions Act Of 2006, Douglas A. Hass Oct 2007

Crafting Military Commissions Post-Hamdan: The Military Commissions Act Of 2006, Douglas A. Hass

Indiana Law Journal

In June 2006, the Supreme Court invalidated President Bush's military commission rules in Hamdan v. Rumsfeld. The Court held that the military commissions fell outside of the military court system established by Congress, and ruled the commissions unconstitutional as applied to both citizens and non-citizens. Congress responded with the Military Commissions Act of 2006 ("the Act"), new legislation to establish military commissions. The Act fails to balance properly the Court's fairness requirements with the extraordinary demands placed on the laws of war by terrorism.

This Note summarizes whether terrorist attacks implicate the laws of war, what protections are due parties …


The Hamdan V. Rumsfeld Decision, Thomas F. Berndt, Josiah Ramsey Fricton, Alethea M. Huyser Jan 2007

The Hamdan V. Rumsfeld Decision, Thomas F. Berndt, Josiah Ramsey Fricton, Alethea M. Huyser

William Mitchell Law Review

No abstract provided.


The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton Jan 2007

The Balance Of Power: The Supreme Court's Decision On Military Commissions And The Competing Interests In The War On Terror, Josiah Ramsey Fricton

William Mitchell Law Review

No abstract provided.


Ghost Detainees: Does The Isolation And Interrogation Of Detainees Violate Common Article 3 Of The Geneva Conventions?, Thomas F. Berndt, Alethea M. Huyser Jan 2007

Ghost Detainees: Does The Isolation And Interrogation Of Detainees Violate Common Article 3 Of The Geneva Conventions?, Thomas F. Berndt, Alethea M. Huyser

William Mitchell Law Review

No abstract provided.