Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 2 of 2
Full-Text Articles in Law
Military Commissions Act Of 2006, Arsalan M. Suleman
Military Commissions Act Of 2006, Arsalan M. Suleman
Arsalan Suleman
On October 17, 2006, President Bush signed into law the Military Commissions Act of 2006 (MCA). Congress passed the MCA to authorize the trial by military commissions of detained terrorism suspects after the Supreme Court's decision in Hamdan v. Rumsfeld invalidated the military commissions previously established pursuant to a 2001 military order from President Bush. The MCA adds chapter 47A to title 10 of the U.S. Code to give statutory authorization for the military commissions. This Recent Development explores some of the more controversial aspects of the MCA, especially those sections that respond to the Court's Hamdan decision. The note …
Detainee Treatment Act Of 2005, Arsalan M. Suleman
Detainee Treatment Act Of 2005, Arsalan M. Suleman
Arsalan Suleman
This Recent Development focuses on the legal standards that would govern the treatment and interrogation tactics applicable to detainees held by the United States abroad after the passage of the Detainee Treatment Act (DTA). The article first discusses the legal implications of the DTA as to U.S. law on the use of torture or CID treatment, which primarily concerns Sections 1002 and 1003 of the DTA. Then, it explores certain shortfalls in the scope of these sections on this issue, as the sections do not fully address all of the potential ways in which detainee abuse and torture might continue. …