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18 Sep 2009, 2:41 pm
Last week, the United States Supreme Court called a special session and heard oral arguments in Citizens United v. [read post]
13 Mar 2009, 1:18 pm
Indeed, Justice O'Connor's most quoted line in her 2004 plurality opinion in Hamdi v. [read post]
12 Apr 2008, 5:32 am
This principle was established by the United States in one of the most dramatic of the post-World War II proceedings, United States v. [read post]
12 Feb 2008, 9:08 pm
Although the federal court in Miami has ruled against General Noriega, his petition is now pending before the Eleventh Circuit Court of Appeals.In 1993 Judge Hoeveler determined that Defendant was a "prisoner of war" (POW), according to the Geneva Convention Relative to the Treatment of Prisoners of War, August 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135 ("Convention"), United States v. [read post]
20 Dec 2007, 8:30 am
Bush, 06-1195, and Al Odah v. [read post]
23 Sep 2007, 8:01 am
I don't think the administration's civilian lawyers, in the first flush after 9-11, understood that their professional military lawyers were not saying that captured Al Qaeda would be POWs, but instead merely that if the administration treated the attack as war, then the overall regime of the laws of war of course applied - with the result that under GC3, Al Qaeda would turn out to be unprivileged belligerents or unlawful combatants. [read post]
27 Jun 2007, 6:41 am
After much national and international uproar at these blatant violations of human rights, the Supreme Court finally ruled five to three in Hamdan v. [read post]
26 Feb 2007, 5:24 pm by Anthony Colleluori
Allow me to elaborate:In May of 2005, an Ivy-League educated physician (Rafiq Sabir aka "the Doctor,") was charged with agreeing to provide medical care to wounded "holy warriors" in Saudi Arabia, in an FBI sting United States v. [read post]
22 Dec 2006, 11:31 am
What follows is a compendium of substantive analyses on some of the key issues of the War on Terror by the authors here at Balkinization.The Anti-Torture Memos: Balkinization Posts on Civil Liberties, the War on Terror and Presidential PowerPart I-- Civil LibertiesPart II-- Presidential Power and Constitutional StructurePart III-- Torture and the "Torture Memos"Part IV- The NSA Controversy and Government SurveillancePart V-- HamdanPart VI-- The Military Commissions Act of… [read post]
19 Aug 2006, 11:19 am
After all, the background of Marbury v. [read post]