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24 Jan 2022, 5:01 am by John Bellinger
This approach was not adopted on the basis that Article V tribunals are required only in cases of “doubt” whether a person qualifies as a prisoner of war; because detainees could not qualify as prisoners of war, there was no reason to have Article V tribunals. [read post]
9 Jun 2011, 12:18 pm
Where Congress uses a common-law term in statute, then the Court must assume that the term "comes with a common law meaning" (Safeco Ins Co of America v Burr )(2007)). [read post]
13 Jul 2010, 9:51 am by Lyle Denniston
In the wake of the Supreme Court’s 2008 decision in Boumediene v. [read post]
10 Sep 2015, 8:11 am by John Paul Schnapper-Casteras
  While what is technically left for the Court to review in the latest iteration of Fisher v. [read post]