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12 Dec 2013, 4:26 am by Benjamin Wittes
As Bobby and Larkin Reynolds and I wrote in the introduction to our now-somewhat-dated paper on the Guantanamo cases: The law established in these cases will in all likelihood govern not merely the Guantánamo detentions themselves but any other detentions around the world over which American courts might acquire habeas jurisdiction—although, as we discuss briefly below, the prospects for wider habeas jurisdiction are unclear. [read post]
9 Nov 2011, 2:22 pm by Benjamin Wittes
CHESNEY & LARKIN REYNOLDS, The Emerging Law of Detention 2.0: Guantanamo Habeas Cases as Lawmaking, at 52-53 nn. 237-43 (May 12, 2011) (citing cases granting a presumption of authenticity but not accuracy), http://www.brookings.edu/papers/2011/05_guantanamo_wittes.aspx (last visited September 30, 2011). [read post]
7 Dec 2010, 7:44 am by Kenneth Anderson
Update:  Larkin Reynolds at Lawfare offers a bunch of snippets from the opinion; also at Lawfare, Bobby Chesney offers an objective outline, sans commentary, of the quite long opinion, and Jack Goldsmith and Ben Wittes weigh in with commentary.   [read post]
29 Jun 2015, 9:00 pm by Marci A. Hamilton
They have an absolute right to believe anything they choose, per Reynolds v. [read post]
28 Apr 2011, 3:18 pm by Bexis
By now Restatement (Second) of Torts §402A (1965) is so old as to be thought of as somewhat antediluvian.  [read post]
21 May 2015, 10:19 am by John Elwood
Notwithstanding a quintet of relists since receiving the record, the Court denied cert. without comment in Larkin v. [read post]