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5 Mar 2012, 3:45 am
Bear in mind that the European Convention is not invariably more receptive to individual rights than the US Constitution. [read post]
5 Mar 2012, 3:45 am
Bear in mind that the European Convention is not invariably more receptive to individual rights than the US Constitution. [read post]
29 Feb 2012, 3:01 pm
To (1), nothing in the DPGA would stop Congress from providing authority to detain individuals arrested within the United States under the laws of war; the point of the bill is merely to require Congress to provide specific authorization for such detention–it’s a clear-statement rule, not a ban. [read post]
29 Feb 2012, 9:04 am
Finally, if there existed probable cause to detain the individual for a field investigation (field sobriety tests and brief questioning) there must still exist a considerably greater amount of evidence of intoxication to warrant an arrest. [read post]
25 Feb 2012, 7:06 am
In this connection, I note that the investigative detention should be brief in duration and does not impose an obligation on the detained individual to answer questions posed by the police. [read post]
23 Feb 2012, 3:50 pm
This case is an illustration of (i) the court performing perhaps its most vital role, namely to ensure that the executive complies, as far as it can, with its legal duties to individuals, in particular when they are detained, and (ii) the limits of the powers of the court, as a domestic tribunal, in that its reach cannot go beyond its jurisdiction, and that jurisdiction does not extend to the US military authorities in Afghanistan. [read post]
22 Feb 2012, 1:30 pm
Pentagon General Counsel Jeh Johnson is giving a speech today at the Yale Law School. [read post]
15 Feb 2012, 1:33 am
Although her admission was voluntary, it was noted that if she attempted or demanded to leave, she should be assessed for detention under the Mental Health Act 1983. [read post]
14 Feb 2012, 12:47 pm
In the US, much of the attention has focused on the investigation of US-based NGOs and individuals, including the son of a US cabinet official. [read post]
12 Feb 2012, 1:16 pm
Individual cases, such as Melanie’s, demonstrate how arbitrary a judge-drawn line can become. [read post]
12 Feb 2012, 8:52 am
Here, there were no such circumstances justifying the forcible detention of defendant. [read post]
8 Feb 2012, 3:47 pm
The detention sparked a legal odyssey that continues today, one questioning whether federal authorities may detain people on watchlists in U.S. airports with impunity. [read post]
8 Feb 2012, 3:20 pm
The report reveals that of all the people detained, a staggering 93% of individuals are of Latino heritage. [read post]
8 Feb 2012, 3:27 am
Dr Cook noted that, if she attempted or demanded to leave, she should be assessed for detention under the Mental Health Act 1983. [read post]
8 Feb 2012, 12:13 am
The latest Home Office statistics showed that 36 individuals had been detained under immigration powers for two years or longer. [read post]
3 Feb 2012, 4:05 pm
No one shall be subjected to arbitrary arrest or detention. [read post]
2 Feb 2012, 6:34 am
Sheik had his initial appearance in the Eastern District of Virginia this afternoon, where he was detained pending a detention hearing on February 3, 2012. [read post]
27 Jan 2012, 6:22 am
As relevant here, the court of appeals has repeatedly held that an individual may be detained under the AUMF if he was part of al-Qaida at the time of his capture. [read post]
27 Jan 2012, 5:47 am
The immigration authorities were concerned that they were later unable to trace individuals who had been released from detention as their removal was no longer imminent. [read post]
25 Jan 2012, 1:24 pm
” And Padilla also sued then-Secretary of Defense Robert Gates, in his official capacity, to enjoin him from detaining Padilla as an enemy combatant in the future. [read post]
