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Full-Text Articles in Law
Molecular Federalism And The Structures Of Private Lawmaking, David Snyder
Molecular Federalism And The Structures Of Private Lawmaking, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Deconstructing Hirota: Habeas Corpus, Citizenship, And Article Iii, Stephen I. Vladeck
Deconstructing Hirota: Habeas Corpus, Citizenship, And Article Iii, Stephen I. Vladeck
Articles in Law Reviews & Other Academic Journals
The jurisdiction of the federal courts to consider habeas petitions brought by detainees held as part of the “war on terrorism” has been a popular topic for courts and commentators alike. Little attention has been paid, however, to whether the Constitution itself interposes any jurisdictional limits over such petitions. In a series of recent cases, the US government has invoked the Supreme Court’s obscure (and obtuse) 1948 decision in Hirota v. MacArthur (338 US 197) for the proposition that Article III forecloses jurisdiction over any petition brought by a detainee in foreign or international custody, including that of the “Multinational …