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Book Synopsis Judicial Activity Concerning Enemy Combatant Detainees by : Jennifer K. Elsea
Download or read book Judicial Activity Concerning Enemy Combatant Detainees written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-08 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. has captured and detained numerous persons believed to have been part of or assoc. with enemy forces. This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. Addresses all Supreme Court decisions concerning enemy combatants. Discusses notable circuit court opinions addressing issues of ongoing relevance to U.S. detention policy. Addresses a few notable decisions by fed. district courts that are the subject of ongoing litigation. Describes a few fed. court rulings in criminal cases involving persons who were either involved in the 9/11 attacks or were captured abroad by U.S. forces during operations against Al Qaeda, the Taliban, and assoc. entities.
Book Synopsis Judicial Activity Concerning Enemy Combatant Detainees by : Jennifer Elsea
Download or read book Judicial Activity Concerning Enemy Combatant Detainees written by Jennifer Elsea and published by . This book was released on 2010 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation. This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants. It also discusses notable circuit court opinions addressing issues of ongoing relevance to U.S. detention policy. The report also addresses a few notable decisions by federal district courts that are the subject of ongoing habeas litigation. Finally, it describes a few federal court rulings in criminal cases involving persons who were either involved in the 9/11 attacks or were captured abroad by U.S. forces during operations against Al Qaeda, the Taliban, and associated entities.
Book Synopsis Enemy Combatant Detainees by : Jennifer K. Elsea
Download or read book Enemy Combatant Detainees written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Intro.; (2) Early Developments in the Detention and Trial of Enemy Combatants Captured in the ¿War on Terror¿: Rasul v. Bush; Combatant Status Review Tribunals; (3) Pre-Boumediene v. Bush Court Challenges to the Detention Policy: Khalid v. Bush; In re Guantanamo Detainee Cases; Hamdan v. Rumsfeld; Al-Marri; (4) Detainee Treatment Act of 2005 (DTA); (5) The Mil. Comm. Act of 2006 (MCA): Provisions Affecting Court Jurisdiction; Provisions Re: the Geneva Conventions; (6) Post-MCA Issues and Developments: Possible Application to U.S. Citizens; DTA Challenges to Detention; (7) Boumediene v. Bush: Constitutional Right to Habeas; Adequacy of Habeas Corpus Substitute; Implications of Boumediene; (8) Exec. Order to Close Guantanamo and Halt Mil. Commission Proceed.; (9) Redefining U.S. Detention Authority; (10) Constitutional Considerations and Options for Congress; Scope of Challenges; Congressional Authority over Fed. Courts; Separation of Powers Issues; (11) Conclusion: Nat. Def. Author. Provisions; Habeas Corpus Amend.; Bills to Regulate Detention. Figures.
Book Synopsis Enemy Combatant Detainees by : Jennifer K. Elsea
Download or read book Enemy Combatant Detainees written by Jennifer K. Elsea and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. & 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. In December 2005, Congress passed the Detainee Treatment Act of 2005 (DTA) to divest the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over habeas claims by aliens detained at Guantanamo Bay (as well as other causes of action based on their treatment or living conditions). The DTA provided instead for limited appeals of CSRT determinations or final decisions of military commissions. After the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions in the case of Hamdan v. Rumsfeld, the 109th Congress enacted the Military Commissions Act of 2006 (MCA) (P.L. 109-366) to authorize the President to convene military commissions and to amend the DTA to further reduce access to federal courts by "lien enemy combatants," wherever held, by eliminating pending and future causes of action other than the limited review of military proceedings permitted under the DTA.
Book Synopsis Enemy Combatant Detainees by : Jennifer Elsea
Download or read book Enemy Combatant Detainees written by Jennifer Elsea and published by . This book was released on 2007 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. ʹ 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called [beta]Combatant Status Review Tribunals[gamma] (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. It will be updated as events warrant.
Book Synopsis Terrorists, Enemy Combatant Detainees and the Judicial System by : Jian Sun
Download or read book Terrorists, Enemy Combatant Detainees and the Judicial System written by Jian Sun and published by Nova Science Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation. This book discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban and addresses all Supreme Court decisions concerning enemy combatants and notable circuit court opinions concerning issues of ongoing relevance to the U.S. detention policy.
Book Synopsis Enemy Combatant Detainees by : Earl P. Bettinton
Download or read book Enemy Combatant Detainees written by Earl P. Bettinton and published by . This book was released on 2009-01-01 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the U.S. Supreme Court held that U.S. courts have jurisdiction pursuant to 28 U.S.C. § 2241 to hear legal challenges on behalf of persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with the war against terrorism (Rasul v. Bush), the Pentagon established administrative hearings, called "Combatant Status Review Tribunals" (CSRTs), to allow the detainees to contest their status as enemy combatants, and informed them of their right to pursue relief in federal court by seeking a writ of habeas corpus. Lawyers subsequently filed dozens of petitions on behalf of the detainees in the District Court for the District of Columbia, where district court judges reached inconsistent conclusions as to whether the detainees have any enforceable rights to challenge their treatment and detention. In December 2005, Congress passed the Detainee Treatment Act of 2005 (DTA) to divest the courts of jurisdiction to hear some detainees' challenges by eliminating the federal courts' statutory jurisdiction over habeas claims by aliens detained at Guantanamo Bay (as well as other causes of action based on their treatment or living conditions). The DTA provides instead for limited appeals of CSRT determinations or final decisions of military commissions. After the Supreme Court rejected the view that the DTA left it without jurisdiction to review a habeas challenge to the validity of military commissions in the case of Hamdan v. Rumsfeld, the 109th Congress enacted the Military Commissions Act of 2006 (MCA) (P.L. 109-366) to authorize the President to convene military commissions and to amend the DTA to further reduce access to federal courts by "alien enemy combatants," wherever held, by eliminating pending and future causes of action other than the limited review of military proceedings permitted under the DTA. In June 2008, the Supreme Court held in the case of Boumediene v. Bush that aliens designated as enemy combatants and detained at Guantanamo Bay have the constitutional privilege of habeas corpus. The Court also found that MCA § 7, which limited judicial review of executive determinations of the petitioners' enemy combatant status, did not provide an adequate habeas substitute and therefore acted as an unconstitutional suspension of the writ of habeas. The immediate impact of the Boumediene decision is that detainees at Guantanamo may petition a federal district court for habeas review of the legality and possibly the circumstances of their detention, perhaps including challenges to the jurisdiction of military commissions.
Book Synopsis Detention of American Citizens as Enemy Combatants by : Jennifer K. Elsea
Download or read book Detention of American Citizens as Enemy Combatants written by Jennifer K. Elsea and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Enemy Combatant Papers by : Karen J. Greenberg
Download or read book The Enemy Combatant Papers written by Karen J. Greenberg and published by . This book was released on 2008 with total page 1054 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides comprehensive coverage of the major Supreme Court cases defining the status and rights of detainees held at the Guantanamo Bay US Navy Base.
Book Synopsis U.S. Detainees and Enemy Belligerents by : Gale A. Lewis
Download or read book U.S. Detainees and Enemy Belligerents written by Gale A. Lewis and published by Nova Science Publishers. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation. This book analyses the existing law and authority to detain U.S. persons, who are suspected of being members, agents or associated of Al Qaeda or possibly other terrorist organisations as "enemy combatants." This book also offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA and provides a section-by-section analysis; and discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban.
Book Synopsis The Intersection of Law and War by : Kristen Boon
Download or read book The Intersection of Law and War written by Kristen Boon and published by Oxford University Press, USA. This book was released on 2012 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.
Book Synopsis Detention of American Citizens as Enemy Combatants by : Jennifer Elsea
Download or read book Detention of American Citizens as Enemy Combatants written by Jennifer Elsea and published by . This book was released on 2008 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyzes the authority to detain American citizens who are suspected of being members, agents, or associates of Al Qaeda, the Taliban and possibly other terrorist organizations as "enemy combatants.""--BOOK JACKET.
Book Synopsis Detainee Provisions in the National Defense Authorization Bills by : Jennifer K. Elsea
Download or read book Detainee Provisions in the National Defense Authorization Bills written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2012-10-14 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Book Synopsis Terrorism: Commentary on Security Documents Index V by : Douglas Lovelace Jr
Download or read book Terrorism: Commentary on Security Documents Index V written by Douglas Lovelace Jr and published by Terrorism: Commentary on Secur. This book was released on 2015-11-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Index V contains the cumulative index to the Terrorism: Commentary on Security Documents series from volume 121 to volume 140, and adds to earlier index volumes to ensure comprehensive searchability within the series. Although each volume in Terrorism: Commentary on Security Documents contains its own volume-specific index, this comprehensive index volume fully indexes the last twenty volumes in the Terrorism series, and provides far more detail than can be found in the individual volumes. The five different index formats included in this volume feature indices by subject, title, name, and year, providing readers with multiple ways to conduct research within the twenty most recently published volumes of the series.
Book Synopsis The Democratic Constitution by : Neal Devins
Download or read book The Democratic Constitution written by Neal Devins and published by Oxford University Press. This book was released on 2004-08-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Book Synopsis Preventive Detention of Terror Suspects by : Diane Webber
Download or read book Preventive Detention of Terror Suspects written by Diane Webber and published by Routledge. This book was released on 2016-01-08 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Book Synopsis The Law of Armed Conflict and the Use of Force by : Frauke Lachenmann
Download or read book The Law of Armed Conflict and the Use of Force written by Frauke Lachenmann and published by Oxford University Press. This book was released on 2017 with total page 1473 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law."
