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15 Aug 2013, 8:10 am
  Once general principles of institutional structures are understood, it is possible to contextualize these insights within the realities of the American Republic--the general government, the administrative branches, inferior political units, and the residuary role of the people as ultimate sovereigns. [read post]
22 Jun 2013, 7:02 am by Benjamin Wittes
Over the past two-and-a-half years, we have published over a hundred posts on the NDAAs and related legal developments, including the Southern District of New York’s important decision in Hedges v. [read post]
21 Jun 2013, 3:00 am by Wells Bennett
The White Paper (correctly) invoked the Hamdi v. [read post]
22 Feb 2012, 1:30 pm by Benjamin Wittes
”  For the young people here, no matter your political affiliation, I can tell you that involvement in a presidential campaign was exciting — not for the chance to personally interact with the candidate or help develop his positions on issues; the best experiences were canvassing door to door with my kids in northwest Des Moines and northeast Philadelphia; personally observing the Iowa caucus take place in a high school cafeteria; and passing out leaflets at the train… [read post]
13 Jan 2012, 4:25 pm by admin
”  As Justice Scalia elaborated in his dissenting opinion in Hamdi v. [read post]
31 Dec 2011, 1:48 pm by Steve Vladeck
A bit of background is in order before looking at how Congress addresses this question in the NDAA: Hamdi v. [read post]
31 Dec 2011, 1:43 pm by Steve Vladeck
 It might well convey to the world that the American legislature views military detention as an unremarkable, even preferred, option in some terrorism cases, thereby blurring the important message the President has been endeavoring to convey, through word and practice, that“[t]he strong preference of this Administration is to accomplish [incapacitation of persons who are threats to the American people] through prosecution. [read post]
31 Dec 2011, 1:20 pm by Marty Lederman
A bit of background is in order before looking at how Congress addresses this question in the NDAA: Hamdi v. [read post]
31 Dec 2011, 1:19 pm by Marty Lederman
 It might well convey to the world that the American legislature views military detention as an unremarkable, even preferred, option in some terrorism cases, thereby blurring the important message the President has been endeavoring to convey, through word and practice, that “[t]he strong preference of this Administration is to accomplish [incapacitation of persons who are threats to the American people] through prosecution. [read post]
12 Nov 2011, 9:38 am by Lyle Denniston
” The majority and dissenting opinions disagreed on how to interpret the Supreme Court’s first ruling in a Guantanamo habeas case, the decision in 2004 in Hamdi v. [read post]
22 Sep 2011, 3:30 pm by Eugene Volokh
The Court set the tone for its robust judicial review of the executive branch in one of the first of these cases, Hamdi v. [read post]
Military detention may be legitimate for those captured on an actual battlefield, as our supreme court recognised in Hamdi v Rumsfeld. [read post]