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Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 942 pages
Book Rating : 4.3/5 (91 download)
Download or read book Boumediene V. Bush (2008). written by United States. Supreme Court and published by . This book was released on 2008 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael John Garcia
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (233 download)
Download or read book Boumediene V. Bush written by Michael John Garcia and published by . This book was released on 2008 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the consolidated cases of Boumediene v. Bush and Al Odah v. United States, decided June 12, 2008, the Supreme Court held in a 5-4 opinion that aliens designated as enemy combatants and detained at the U.S. Naval Station in Guantanamo Bay, Cuba, have the constitutional privilege of habeas corpus. The Court also found that 7 of the Military Commissions Act (MCA), 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 circumstances of their detention. This report summarizes the Boumediene decision and analyzes several of its major implications for the U.S. detention of alien enemy combatants and legislation that limits detainees access to judicial review.
Author : Sharon Ann Sutliffe
Publisher :
ISBN 13 :
Total Pages : 138 pages
Book Rating : 4.:/5 (51 download)
Download or read book Boumediene V. Bush written by Sharon Ann Sutliffe and published by . This book was released on 2009 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeffrey S. Quinn
Publisher :
ISBN 13 :
Total Pages : 142 pages
Book Rating : 4.:/5 (119 download)
Download or read book Boumediene V. Bush written by Jeffrey S. Quinn and published by . This book was released on 2009 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jennifer K. Elsea
Publisher : DIANE Publishing
ISBN 13 : 1437920136
Total Pages : 57 pages
Book Rating : 4.4/5 (379 download)
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.
Author : Fred K. Ford
Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (51 download)
Download or read book Keeping Boumediene Off the Battlefield written by Fred K. Ford and published by . This book was released on 2009 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its June 2008 decision, Boumediene v. Bush, the United States Supreme Court granted constitutional habeas corpus rights to foreign enemy combatants detained at Guantanamo Bay, Cuba. For the first time, in United States history, foreign fighters detained overseas gained access to a United States court. By this holding, an enemy fighter may have his day in United States courts if the United States maintains functional control over the overseas detention location. Courts will determine functional control over the overseas detention location. Courts will determine functional control using practical considerations and objective factors. Boumediene should apply only to Guantanamo Bay and no further. Should Boumediene's functional analysis be extended to other locations, the consequences could be dire to military personnel on the ground and our Nation. This project examines some potential implications should Boumediene be extended, including whether Boumediene applies elsewhere, such as to Bagram, Afghanistan; enemy fighters bringing a "federal case" challenging detention; what rights other than habeas might now apply; whether the military must make policy or other adjustments in light of the decision; and the practical impact to troops on the ground. This paper argues Boumediene should not be extended and attempts to stimulate thought and discussion by identifying potential implications of Boumediene to U.S. military operations.
Author : Daniel R. Williams
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Who Got Game? Boumediene V. Bush and the Judicial Gamesmanship of Enemy-Combatant Detention written by Daniel R. Williams and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our war-on-terror jurisprudence heavily leans towards process issues and largely eschews making any robust commitments to substantive human rights. This article argues that Boumediene substantiates that observation. This was not a case about individual rights - a fact Justice Roberts underscores in his dissent. The contention that Guantanamo detainees have no enforceable rights under the Constitution frames the issue in terms that might have political appeal within a nation too easily manipulated by fear-mongering. Although the majority never admits it, it is quite apparent that Kennedy wants to frame the case away from being a struggle over human rights because, framed within the language of human rights, the case becomes a game the majority cannot win. The result of all this litigation has not forestalled the continued executive detention at Guantanamo, with no evidence that the human-rights concerns that have always plagued that detention site has abated, including the use of torture. It has not improved the adjudicatory process there to the point where a fair-minded and knowledgeable person could be satisfied that it comports with the Kantian tradition that underpins our system of trial and punishment. What this cautious, process-oriented litigation strategy has done is produce often overblown rhetorical gestures about how the three branches should interact in this war on terror, without any regard for the disturbing controversy over what this war on terror is really about and without any recognition that this "war" is doomed to paralysis unless and until there is reason to believe that the government will not, in some fashion, replicate the abuses of the twentieth century.
Author : Scott A. Keller
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Stripping Habeas Corpus Jurisdiction Over Noncitizens Detained Outside the United States written by Scott A. Keller and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Comment examines the D.C. Circuit's decision in Boumediene v. Bush, which upheld the Military Commissions Act of 2006 provisions that deny habeas corpus review for war on terror detainees held at Guantanamo Bay. While the U.S. Supreme Court was one vote short of granting certiorari, the issues in Boumediene will likely be reviewed by the Court at some point as Justices Stevens and Kennedy voted to deny certiorari simply because the detainees had not exhausted all available remedies. As such, this Comment (1) responds to the arguments advanced by Judge Rogers's dissent and (2) structures the Suspension Clause questions in a different manner that tracks the text of the Constitution, while narrowing the focus of each individual question. In concluding that the majority correctly upheld the MCA's jurisdiction stripping of the detainees' habeas claims, this Comment presents at least three novel arguments. First, Judge Rogers's attempt to distinguish Johnson v. Eisentrager proves too much because Eisentrager confirms that noncitizens detained outside the United States did not have access to the writ of habeas corpus as it existed in 1789. Second, the correct baseline for determining whether the MCA provides an adequate and effective alternative remedy should be cases regarding military tribunals over executive detention - not anachronistic cases dealing with collateral attack of criminal convictions. Third, had the D.C. Circuit considered whether suspension of habeas corpus is a political question, it should not have adopted Professor Amanda Tyler's analysis because Tyler overlooks the fact that the Supreme Court has never conducted an independent war powers analysis when in Justice Jackson's Youngstown category one (President acting in accordance with a congressional act).
Author : Glenn Sulmasy
Publisher : Oxford University Press
ISBN 13 : 0199888663
Total Pages : 256 pages
Book Rating : 4.1/5 (998 download)
Download or read book The National Security Court System written by Glenn Sulmasy and published by Oxford University Press. This book was released on 2009-08-06 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing of Guantanamo. In this timely and much-needed book, Glenn Sulmasy, one of America's leading experts on national security law, opens with a much-needed history of America's long and complicated experience with such courts since the early days of the Republic. After tracing their evolution in the contemporary era, Sulmasy argues for a more sensible approach to the global war on terror's unique set of prisoners. He proposes a reasonable "third way" solution that avoids even more extreme measures, on the one hand, and a complete shuttering of the court system, on the other. Instead, he advocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come. For all those who want to explore the crucial legal issues behind the headlines about Gitmo and the rights of detainees, The National Security Court System offers a clear-headed assessment of where we are and where we ought to be going.
Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)
Download or read book Boumediene Et Al. V. Bush, President of the United States, Et Al written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Paul D. Halliday
Publisher : Harvard University Press
ISBN 13 : 0674064208
Total Pages : 513 pages
Book Rating : 4.6/5 (74 download)
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.
Author : Allan A. Ryan
Publisher : University Press of Kansas
ISBN 13 : 0700621709
Total Pages : 240 pages
Book Rating : 4.7/5 (6 download)
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.
Author : Anthony J. Colangelo
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book 'De Facto Sovereignty' written by Anthony J. Colangelo and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Boumediene v. Bush, which grants non-citizens detained at Guantanamo Bay, Cuba, constitutional habeas corpus privileges the Supreme Court took notice that the United States maintains "de facto sovereignty" over that territory. As its sole precedential support, the Court cited a case that never mentions the term de facto sovereignty. What is this concept? How important is it to the Court's holding? Did the Court get the concept right given its longstanding usage and meaning in Supreme Court precedent? And what can de facto sovereignty tell us about when the Court will find habeas to extend to other situations involving extraterritorial detention of non-citizens in the war on terror?
Author : Eric A. Posner
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (495 download)
Download or read book Boumediene and the Uncertain March of Judicial Cosmopolitanism written by Eric A. Posner and published by . This book was released on 2008 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Boumediene v. Bush, the Supreme Court held that noncitizens detained at Guantanamo Bay have the constitutional privilege of habeas corpus. The case can be given multiple interpretations, including a narrow reading under which it follows straightforwardly from Eisentrager. But Justice Kennedy's majority opinion omits consideration of a factor that plays a role in Eisentrager, namely, the limited constitutional status of the noncitizen. For this reason, the most distinctive element of Justice Kennedy's reasoning is its cosmopolitanism, not its libertarianism. The cosmopolitan elements of Boumediene recall the debate about the use of foreign law to interpret provisions of the U.S. Constitution, of which Justice Kennedy is a major proponent, and it is argued that critics of judicial cosmopolitanism should reject Boumediene as well.
Author : Downey
Publisher : West Publishing Company
ISBN 13 : 9780314200150
Total Pages : 22 pages
Book Rating : 4.2/5 (1 download)
Download or read book Constitutional Rights for Guantanamo Detainees written by Downey and published by West Publishing Company. This book was released on 1999-01-01 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anthony Gregory
Publisher : Cambridge University Press
ISBN 13 : 1107036437
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.
Author : Gerald L. Neuman
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Extraterritorial Constitution After Boumediene V. Bush written by Gerald L. Neuman and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court's recent decision in Boumediene v. Bush elaborates a "functional approach" to the selective application of constitutional limitations to U.S. government action outside U.S. sovereign territory. This functional approach provides the best fit, both descriptively and normatively, to the Court's modern case law. The decision repudiates the stance of the plurality in United States v. Verdugo-Urquidez (1990), which sought to deny all constitutional rights to foreign nationals involuntarily subjected to U.S. action abroad. Important ambiguities remain in the articulation of the functional approach. One major question is whether and when foreign nationals who are not in U.S. custody (unlike the Boumediene petitioners) are also potentially eligible for constitutional protection. Another concerns how coarsely or finely the categories of foreign locations are drawn when the functional analysis is applied. The confirmation of the functional approach has significant consequences for U.S. citizens who travel abroad, and for foreign nationals who travel here, as well as for foreign nationals who remain abroad. Although the Supreme Court did not rely on international law in its Boumediene decision, international human rights law may prove more helpful in the future in determining whether limitations such as the First Amendment or the Takings Clause can practicably be given effect in foreign countries.
