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From Downes V. Bidwell To Boumediene V. Bush: "The Constitution Follows The Flag ... But It [Still] Doesn't Quite Catch Up With It", Pedro A. Malavet
From Downes V. Bidwell To Boumediene V. Bush: "The Constitution Follows The Flag ... But It [Still] Doesn't Quite Catch Up With It", Pedro A. Malavet
Pedro A. Malavet
Boumediene v. Bush, resolved by the U.S. Supreme Court in June of 2008, granted habeas corpus rights, at least for the time being, to the persons detained at Guantanamo Bay Naval Station. The majority partially based its ruling on the doctrine of the Insular Cases, first set forth in the 1901 decision in Downes v. Bidwell. Indeed, the court was unanimous that the plurality opinion of Justice Edward Douglass White in Downes is still the dominant interpretation of the Constitution’s Territorial Clause, abandoning the rule set forth in Dred Scott v. Sanford. This article provides historical context and analysis of …
The Story Of Downes V. Bidwell: "The Constitution Follows The Flag ... But Doesn't Quite Catch Up With It", Pedro Malavet
The Story Of Downes V. Bidwell: "The Constitution Follows The Flag ... But Doesn't Quite Catch Up With It", Pedro Malavet
Pedro A. Malavet
A study of the principal decision of the Insular Cases of 1901, which has provided constitutional authorization for the U.S. territorial empire for over a century. The cases were most recently referenced by the U.S. Supreme Court in its 2008 opinion in Boumediene v. Bush.
Afterword: Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro Malavet
Afterword: Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro Malavet
Pedro A. Malavet
A critical review of the essays and articles included in the LatCrit VIII Symposium issue.
Introduction: Latcritical Encounters With Culture, In North-South Frameworks, Pedro Malavet
Introduction: Latcritical Encounters With Culture, In North-South Frameworks, Pedro Malavet
Pedro A. Malavet
A critical introduction of a group of articles in the LatCrit VI Symposium issue, discussing the authors' diverse approaches to Latin American legal cultures and contextualizing the publications in the growing body of LatCrit scholarship.