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The Military Commissions Act Of 2009 Mca 2009
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Book Synopsis Military Commissions Act Of 2009 by : Jennifer K. Elsea
Download or read book Military Commissions Act Of 2009 written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-10 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of military commissions (MC) to try suspected terrorists has been the focus of intense debate and litigation since Pres. Bush in Nov. 2001 issued his original Order authorizing such trials. In May 2009, the Obama Admin. announced that it was considering restarting the MC system with some changes. Contents of this report: MC: Jurisdiction: Personal Jurisdiction; Subject Matter Jurisdiction; Temporal and Spatial Jurisdiction; Composition and Powers; Procedures Accorded the Accused: Open Hearing; Right to be Present; Right to Counsel; Evidentiary Matters: Discovery; Admissibility of Evidence; Coerced Statements; Hearsay; Sentencing; Post-Trial Procedure; Review and Appeal: Protection Against Double Jeopardy.
Book Synopsis The Military Commissions Act of 2009 (MCA 2009) by : Jennifer K. Elsea
Download or read book The Military Commissions Act of 2009 (MCA 2009) written by Jennifer K. Elsea and published by CreateSpace. This book was released on 2015-06-26 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: On November 13, 2001, President Bush issued a Military Order (M.O.) pertaining to the detention, treatment, and trial of certain non-citizens in the war against terrorism. Military commissions pursuant to the M.O. began in November 2004 against four persons declared eligible for trial, but the Supreme Court in Hamdan v. Rumsfeld invalidated the military commissions as improper under the Uniform Code of Military Justice (UCMJ). To permit military commissions to go forward, Congress approved the Military Commissions Act of 2006 (MCA), conferring authority to promulgate rules that depart from the strictures of the UCMJ and possibly U.S. international obligations. Military commissions proceedings were reinstated and resulted in three convictions under the Bush Administration.
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 CreateSpace. This book was released on 2013-06-21 with total page 44 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.
Book Synopsis U.S. Government Counterterrorism by : Michael Kraft
Download or read book U.S. Government Counterterrorism written by Michael Kraft and published by CRC Press. This book was released on 2011-12-13 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. Government Counterterrorism: A Guide to Who Does What is the first readily available, unclassified guide to the many U.S. government agencies, bureau offices, and programs involved in all aspects of countering terrorism domestically and overseas. The authors, veterans of the U.S. government‘s counterterrorism efforts, present a rare insider‘s
Download or read book The Air Force Law Review written by and published by . This book was released on 2011 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court by : Jennifer K. Elsea
Download or read book Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2011 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Attorney General Holder¿s decision to try certain detainees in federal criminal court, including those accused of conspiring to commit the 9/11 terrorist attacks, and to try other detainees by military commission, has focused attention on the procedural differences between trials in federal court and those conducted under the Military Commissions Act. Others have praised the decision as recognizing the efficacy and fairness of the federal court system. This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a table comparing selected military commissions rules under the Military Commissions Act, to the corresponding rules that apply in federal court. Tables.
Author :United States. Congress. House. Committee on the Judiciary. Majority Staff Publisher :DIANE Publishing ISBN 13 :1437915701 Total Pages :487 pages Book Rating :4.4/5 (379 download)
Book Synopsis Reining in the Imperial Presidency by : United States. Congress. House. Committee on the Judiciary. Majority Staff
Download or read book Reining in the Imperial Presidency written by United States. Congress. House. Committee on the Judiciary. Majority Staff and published by DIANE Publishing. This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.
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.
Book Synopsis The Companion to International Humanitarian Law by : Dražan Djukić
Download or read book The Companion to International Humanitarian Law written by Dražan Djukić and published by BRILL. This book was released on 2018-09-24 with total page 759 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important and unique volume begins with seven essays that discuss the contemporary challenges to implementing international humanitarian law. Its second and largest section comprises 263 entries covering the vast majority of IHL concepts. Written by a wide range of experts, each entry explains the essential legal parameters of a particular element of IHL, while offering practical examples and, where relevant, historical considerations, and supplying a short bibliography for further research. The starting point for the selection were notions arising from the Geneva Conventions, the Additional Protocols, and other IHL treaties. However, the reader will also encounter entries going beyond the typical scope of IHL, such as those related to the protection of the natural environment and animals, and entries that, in addition to an IHL perspective, discuss relevant issues through the lens of human rights law, refugee law, international criminal law, the law on State responsibility, national law, and so on. The editors have also attempted to take into account certain concepts that have no direct foundation in IHL, but that are commonly used in mass media and politics, or generate wide interest in contemporary society, such as drones, economic warfare, cyber warfare, sniping, targeted killings, transitional justice, terrorism, and many other topics. The Companion to International Humanitarian Law offers a much-needed tool for both scholars and practitioners, supplying information accessible enough to enable a variety of users to quickly familiarise themselves with it and sufficiently comprehensive to be a source for reflection and further research for more demanding users. Its aim is to facilitate the practical application of IHL, and be of use to a wide audience interested in or confronted with IHL, ranging from professionals in humanitarian assistance and protection in the field, legal officers and advisers at the national and international level, trainers, academics, scholars, and students.
Book Synopsis International Law in the US Legal System by : Curtis A. Bradley
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Book Synopsis Permanent State of Emergency by : Ryan Alford
Download or read book Permanent State of Emergency written by Ryan Alford and published by McGill-Queen's Press - MQUP. This book was released on 2017-06-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.
Book Synopsis Historic Documents of 2011 by : CQ Press
Download or read book Historic Documents of 2011 written by CQ Press and published by CQ Press. This book was released on 2012-07-17 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Historic Documents series makes primary source research easy by presenting in one volume key excerpts from documents about the important events of each year for the United States and the world. Each volume includes approximately 70 events with over 100 documents from the previous year, from official or other influential reports and surveys, to speeches from leaders and opinion makers, to court cases, legislation, testimony, and much more. Historic Documents is renowned for the well written and informative background, history, and context it provides for each document. Each volume begins with an insightful essay that sets the year's events in context, and each document is preceded by a comprehensive introduction that provides background information on the event. Full-source citations are provided, and links to Web addresses containing complete documents are given, if available. Readers have easy access to material through a detailed, thematic table of contents and a cumulative five-year index that directs them to related material in earlier volumes. Featured documents in Historic Documents of 2011 cover topics including: - Osama Bin Laden's death - Arab Spring - European financial crisis - American financial deficit - Japanese earthquake and tsunami - independence for South Sudan - royal wedding - Wall Street protests - final space shuttle mission - end of "Don't Ask, Don't Tell" - protests at the Wisconsin legislature over collective bargaining
Download or read book Regulatory Theory written by Peter Drahos and published by ANU Press. This book was released on 2017-02-23 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.
Book Synopsis While America Slept by : Robert C. O'Brien
Download or read book While America Slept written by Robert C. O'Brien and published by Encounter Books. This book was released on 2016-09-06 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert C. O'Brien's collection of essays on U.S. national security and foreign policy, with a forward by Hugh Hewitt, is a wake up call to the American people. The world has become steadily more dangerous under President Obama's "lead from behind" foreign policy. The Obama Administration's foreign policy has emboldened our adversaries and disheartened our allies. Indeed, Obama's nuclear deal with Iran is a 1938 moment. At the same time, the U.S. military has been cut and risks returning to the hollow force days of the 1970s. O'Brien lays out the challenges and provides the common sense "peace through strength" solutions that will allow the next president to make America great again.
Book Synopsis Amnesty International Fair Trial Manual by : Amnesty International
Download or read book Amnesty International Fair Trial Manual written by Amnesty International and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A practical and authoritative guide to international and regional standards for fair trial. These standards set out minimum guarantees designed to protect the right to a fair trial in criminal proceedings. The Manual explains how fair trial rights have been interpreted by human rights bodies and by international courts. It covers rights before and during trial, and during appeals. It also covers special cases, including death penalty trials, cases brought against children, and fair trial rights during armed conflict"--
Book Synopsis The Oxford Handbook of International Law in Armed Conflict by : Andrew Clapham
Download or read book The Oxford Handbook of International Law in Armed Conflict written by Andrew Clapham and published by OUP Oxford. This book was released on 2014-03-13 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.
Book Synopsis Issues in Peace and Conflict Studies by : CQ Researcher,
Download or read book Issues in Peace and Conflict Studies written by CQ Researcher, and published by SAGE Publications. This book was released on 2010-10-12 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do nation-states have a "Responsibility to Protect"? Can countries heal after atrocities? Who should clean up after conflicts end? These questions—and many more—are at the heart of peace and conflict studies. This collection aims to promote in-depth discussion, facilitate further research and help readers formulate their own positions on crucial issues. It is intended to be a supplement for courses in peace and conflict studies that are offered in departments of psychology, sociology, anthropology, political science, and across all social science disciplines. About CQ Researcher Readers In the tradition of nonpartisanship and current analysis that is the hallmark of CQ Press, CQ Researcher readers investigate important and controversial policy issues. Offer your students the balanced reporting, complete overviews, and engaging writing that CQ Researcher has consistently provided for more than 80 years. Each article gives substantial background and analysis of a particular issue as well as useful pedagogical features to inspire critical thinking and to help students grasp and review key material: A pro/con box that examines two competing sides of a single question A detailed chronology of key dates and events An annotated bibliography that includes Web resources An outlook section that addresses possible regulation and initiatives from Capitol Hill and the White House over the next 5 to 10 years Photos, charts, graphs, and maps
