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Full-Text Articles in Law
A Pox On Both Your Houses, Suzanna Sherry
A Pox On Both Your Houses, Suzanna Sherry
Vanderbilt Law School Faculty Publications
As Erie Railroad Co. v. Tompkins celebrates its 75th anniversary, it is becoming more apparent that it is on a collision course with itself. The Court keeps trying – and failing – to sort out the tensions within the Erie doctrine and between it and the Federal Rules of Civil Procedure. The Court’s latest Erie decision, Shady Grove, was yet another attempt to separate substance from procedure and navigate the strait between the Rules of Decision Act and the Rules Enabling Act. It was a disaster, in large part because of the internal incoherence of the Erie doctrine itself and …
Judicial Review For Enemy Fighters: The Court's Fateful Turn In "Ex Parte Quirin", The Nazi Saboteur Case, Andrew Kent
Judicial Review For Enemy Fighters: The Court's Fateful Turn In "Ex Parte Quirin", The Nazi Saboteur Case, Andrew Kent
Vanderbilt Law Review
The last decade has seen intense disputes about whether alleged terrorists captured during the nontraditional post- 9/11 conflict with al Qaeda and affiliated groups may use habeas corpus to challenge their military detention or military trials. It is time to take a step back from 9/11 and begin to evaluate the enemy combatant legal regime on a broader, more systemic basis, and to understand its application to future conflicts. A leading precedent ripe for reconsideration is Ex parte Quirin, a World War II-era case in which the Supreme Court held that saboteurs admittedly employed by an enemy nation's military had …