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10 Jun 2011, 8:45 am
The fundamental principle of adherence to published policy is surely apt to be considered beyond the confines of those who are subject to executive detention albeit that the very nature of such an act in depriving an individual of their liberty gives rise to particular scrutiny of executive power. [read post]
9 Jun 2011, 8:45 am
And of course, this power of love transcends individual relationships. [read post]
6 Jun 2011, 1:00 pm
St. [read post]
6 Jun 2011, 9:00 am
St. [read post]
4 Jun 2011, 12:14 pm
” (Al-Kidd’s claim was that it violated the Fourth Amendment for the government to use a law designed to ensure that a witness shows up to testify at trial as a mechanism for arresting and detaining that individual, with no intention of calling him as a witness. [read post]
3 Jun 2011, 1:00 pm
St. [read post]
2 Jun 2011, 1:38 pm
If there is a match — whether correct or not — an individual could be sent to detention centers hundreds of miles from home and even deported. [read post]
2 Jun 2011, 1:00 pm
Romania International Extradition Treaty with the United States September 10, 2007, Date-Signed May 8, 2009, Date-In-Force LETTER OF TRANSMITTAL THE WHITE HOUSE, January 22, 2008. [read post]
1 Jun 2011, 1:00 pm
Article 5(2) specifies several categories of offenses that shall not be considered to be offenses of a political character: (a) murder or other willful crime against the person of a Head of State of one of the Contracting States, or of a member of the Head of State’s family; (b) an offense for which both Contracting States are obliged pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for a decision as to… [read post]
1 Jun 2011, 10:25 am
During the early days of my detention, I was interrogated and physically tortured. [read post]
1 Jun 2011, 9:00 am
Article 9 sets forth procedures for the provisional arrest and detention of a person sought pending presentation of the formal request for extradition. [read post]
1 Jun 2011, 7:46 am
Al-Kidd, the Supreme Court unanimously ruled that former Attorney General John Ashcroft was entitled to qualified immunity against a federal lawsuit alleging that Ashcroft ordered the use of material witness warrants as a pretext for detaining terrorism suspects against whom there was insufficient evidence to justify detention for crime. [read post]
31 May 2011, 9:11 pm
(b) Whether a detention is reasonable under the Fourth Amendment “is predominantly an objective inquiry. [read post]
31 May 2011, 1:00 pm
Article VIII sets forth procedures and describes the information that is required for the provisional arrest and detention of the person sought, in case of urgency, pendin [read post]
31 May 2011, 9:46 am
After 9/11, Ashcroft retooled the law to allow the government to arrest and detain individuals for whom they lacked probable cause to charge with a crime. [read post]
31 May 2011, 9:29 am
The Court, Sotomayor wrote, has never decided previously whether a government official’s “subjective intent” mattered when an individual was taken into custody and detained without being suspected personally of a crime. [read post]
27 May 2011, 11:16 am
” Litigation in lower federal courts since then has reached some stasis regarding who else beyond the individuals described in Hamdi could be detained, and (although less clearly) how IHL informs this conclusion. [read post]
27 May 2011, 10:38 am
On indefinite detention: the President’s authority includes the authority to detain belligerents, including persons ... until the termination of hostilities. [read post]
27 May 2011, 10:20 am
” Litigation in lower federal courts since then has reached some stasis regarding who else beyond the individuals described in Hamdi could be detained, and (although less clearly) how IHL informs this conclusion. [read post]
26 May 2011, 1:43 pm
Indeed, to the extent I’ve seen such arguments, they seem heavily dependent on, at best, individual and unverifiable anecdotal accounts. [read post]
