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The Challenge

Author : Jonathan Mahler
Publisher : Farrar, Straus and Giroux
ISBN 13 : 1429933127
Total Pages : 352 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Challenge by : Jonathan Mahler

Download or read book The Challenge written by Jonathan Mahler and published by Farrar, Straus and Giroux. This book was released on 2008-08-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.

The Challenge

Author : Jonathan Mahler
Publisher : Macmillan
ISBN 13 : 9780374223205
Total Pages : 362 pages
Book Rating : 4.2/5 (232 download)

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Book Synopsis The Challenge by : Jonathan Mahler

Download or read book The Challenge written by Jonathan Mahler and published by Macmillan. This book was released on 2008-08-05 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America’s first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn’t believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court’s most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift’s intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr’s A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.

Hamdan V. Rumsfeld

Author :
Publisher :
ISBN 13 :
Total Pages : 6 pages
Book Rating : 4.:/5 (711 download)

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Book Synopsis Hamdan V. Rumsfeld by :

Download or read book Hamdan V. Rumsfeld written by and published by . This book was released on 2006 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court ruled 5-3 that President Bush's military order on the Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism exceeded his authority. The Court found that Congress did not strip the Court of jurisdiction to hear Hamdan v. Rumsfeld when it passed the Detainee Treatment Act of 2005 (title X of P.L. 109-148), which limited federal court jurisdiction over habeas corpus petitions from detainees held at Guantanamo Bay detention facility. Although the Court did not dispute the President's authority to hold the petitioner as an "enemy combatant ... for the duration of hostilities," it found the military tribunals convened to try detainees for violations of the law of war did not comply with the Uniform Code of Military Justice (UCMJ) or the law of war, as incorporated in the UCMJ and embodied in Common Article 3 of the Geneva Conventions, which the Court held applicable to the armed conflict. The three dissenters argued that the ruling would hamper the President's ability to fight terrorism. The majority left open the possibility that Congress could grant the necessary authority to create military commissions that depart from the UCMJ.

The 9/11 Terror Cases

Author : Allan A. Ryan
Publisher : University Press of Kansas
ISBN 13 : 0700621709
Total Pages : 240 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The 9/11 Terror Cases by : Allan A. Ryan

Download or read book The 9/11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.

The Oxford Guide to United States Supreme Court Decisions

Author : Kermit L. Hall
Publisher : Oxford University Press
ISBN 13 : 0195139240
Total Pages : 450 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis The Oxford Guide to United States Supreme Court Decisions by : Kermit L. Hall

Download or read book The Oxford Guide to United States Supreme Court Decisions written by Kermit L. Hall and published by Oxford University Press. This book was released on 1999 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.

The Terror Courts

Author : Jess Bravin
Publisher : Yale University Press
ISBN 13 : 0300191340
Total Pages : 539 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Terror Courts by : Jess Bravin

Download or read book The Terror Courts written by Jess Bravin and published by Yale University Press. This book was released on 2013-02-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.

Hamdan V. Rumsfeld (2006)

Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1066 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Hamdan V. Rumsfeld (2006) by : United States. Supreme Court

Download or read book Hamdan V. Rumsfeld (2006) written by United States. Supreme Court and published by . This book was released on 2006 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Hamdan V. Rumsfeld

Author : Jonathan Mahler
Publisher :
ISBN 13 :
Total Pages : 318 pages
Book Rating : 4.:/5 (799 download)

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Book Synopsis Hamdan V. Rumsfeld by : Jonathan Mahler

Download or read book Hamdan V. Rumsfeld written by Jonathan Mahler and published by . This book was released on 2008 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In November 2001, Salim Ahmed Hamdan, a 31-year-old Yemeni, was captured and turned over to U.S. forces in Afghanistan. After confessing to being Osama bin Laden's driver, Hamdan was transferred to Guantánamo Bay, and was soon designated by President Bush for trial before a special military tribunal. The Pentagon assigned a military defense lawyer to represent him, a 35-year-old graduate of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. The rules of the tribunals, America's first in over fifty years, were stacked against him--assuming he wasn't expected to throw the game altogether. Instead, with the help of a young constitutional law professor at Georgetown, Neal Katyal, Swift sued the Bush Administration over the legality of the tribunals. In 2006, Katyal argued the case before the Supreme Court and won. This is the inside story of what may be the most important decision on presidential power and the rule of law in the history of the Supreme Court.--From publisher description.

Bush, the Detainees, and the Constitution

Author : Howard Ball
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Bush, the Detainees, and the Constitution by : Howard Ball

Download or read book Bush, the Detainees, and the Constitution written by Howard Ball and published by . This book was released on 2007 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.

Habeas Corpus

Author : Paul D. Halliday
Publisher : Harvard University Press
ISBN 13 : 0674064208
Total Pages : 513 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Habeas Corpus by : Paul D. Halliday

Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

Hamdan V. Rumsfeld

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Hamdan V. Rumsfeld by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Hamdan V. Rumsfeld written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2009 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld - Scholar's Choice Edition

Author : United States Congress Senate Committee
Publisher :
ISBN 13 : 9781298009272
Total Pages : 382 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld - Scholar's Choice Edition by : United States Congress Senate Committee

Download or read book Military Commissions in Light of the Supreme Court Decision in Hamdan V. Rumsfeld - Scholar's Choice Edition written by United States Congress Senate Committee and published by . This book was released on 2015-02-14 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Protocols to the Geneva Conventions of 12 August 1949

Author :
Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.X/5 (2 download)

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Download or read book Protocols to the Geneva Conventions of 12 August 1949 written by and published by . This book was released on 1979 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Hamdan V. Rumsfeld (2006).

Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (769 download)

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Book Synopsis Hamdan V. Rumsfeld (2006). by : United States. Supreme Court

Download or read book Hamdan V. Rumsfeld (2006). written by United States. Supreme Court and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Guantanamo and the Abuse of Presidential Power

Author : Joseph Margulies
Publisher : Simon and Schuster
ISBN 13 : 0743286863
Total Pages : 354 pages
Book Rating : 4.7/5 (432 download)

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Book Synopsis Guantanamo and the Abuse of Presidential Power by : Joseph Margulies

Download or read book Guantanamo and the Abuse of Presidential Power written by Joseph Margulies and published by Simon and Schuster. This book was released on 2007-07-03 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.

Socializing States

Author : Ryan Goodman
Publisher : Oxford University Press
ISBN 13 : 0199300992
Total Pages : 251 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Socializing States by : Ryan Goodman

Download or read book Socializing States written by Ryan Goodman and published by Oxford University Press. This book was released on 2013-09-19 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a greater specification of how international law influences relevant actors to improve human rights. It argues that states are influenced via general social processes such as cultural contagion, identification, and mimicry. These processes occasion a rethinking of fundamental regime design problems in human rights law.

The Law of Armed Conflict

Author : Gary D. Solis
Publisher : Cambridge University Press
ISBN 13 : 1316652327
Total Pages : 923 pages
Book Rating : 4.3/5 (166 download)

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Book Synopsis The Law of Armed Conflict by : Gary D. Solis

Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2016-04-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: Newly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? This book takes students through these LOACIHL questions and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied.