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Full-Text Articles in Law
No Room Left For Doubt: New Revelation About Guantánamo, Marc D. Falkoff
No Room Left For Doubt: New Revelation About Guantánamo, Marc D. Falkoff
College of Law Faculty Publications
Recent release orders, statements by some military lawyers and judges, and the military’s own admission of detention mistakes all confirm that the only way for the Obama administration to restore our legal system’s legitimacy in the eyes of the world will be to close down Guantánamo, scrap the ill-conceived military commissions, and charge in federal court those prisoners we think committed crimes.... More revelations about the illegitimacy of the Bush administration’s war-on-terror detention system have cascaded into the public consciousness this week. This new round of disclosures and court decisions should give pause to those who have joined the fashionable …
Some Observations On The Future Of U.S. Military Commissions, Michael A. Newton
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 …
Responses To The Ten Questions [On National Security Posed By The Journal Of National Security Forum Board Of Editors], Gregory E. Maggs
Responses To The Ten Questions [On National Security Posed By The Journal Of National Security Forum Board Of Editors], Gregory E. Maggs
GW Law Faculty Publications & Other Works
In 2009, the Journal of the National Security Forum Board of Editors posed ten questions on national security to a group of national-security law experts. Contributors were free to answer as many of the ten questions as they wished. All responses were published in a special issue of the William Mitchell Law Review. I answered the following three questions: 3. What are the lessons from detaining non-U.S. citizens, labeled enemy combatants, at Gitmo? 4. What is left for the Supreme Court to decide after the Boumediene decision? 10. What is the most important issue for American national security?
The SSRN …