No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
In: Harvard Law Review, Band 136, S. 170
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In: Harvard Law Review, Band 136, S. 170
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In: Hoover Institution Aegis Paper Series No. 2003, 2020
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In: Michigan Law Review, Forthcoming
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In: International Law Studies (Naval War College), Forthcoming
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In: Journal of National Security Law and Policy, Band 5, S. 539
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Working paper
In: YEARBOOK OF INTERNATIONAL HUMANITARIAN, Vol. 13, M.N. Schmitt et al, eds., 2010
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In: Boston College Law Review, Band 52, Heft 3, S. 769
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In: Virginia Journal of International Law, Band 51, Heft 3, S. 549
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In: Proceedings of the annual meeting / American Society of International Law, Band 103, S. 129-130
ISSN: 2169-1118
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In: South Texas Law Review, 2009
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We lack consensus regarding who lawfully may be held in military custody in the contexts that matter most to U.S. national security today—- i.e., counterterrorism and counterinsurgency. More to the point, federal judges lack consensus on this question. They have grappled with it periodically since 2002, and for the past three years have dealt with it continually in connection with the flood of habeas corpus litigation arising out of Guantanamo in the aftermath of the Supreme Court's 2008 decision in Boumediene v. Bush. Unfortunately, the resulting detention jurisprudence is shot through with disagreement on points large and small, leaving the precise boundaries of the government's detention authority unclear. The aim of this Article is to flesh out and contextualize these disagreements, and to locate them in relation to larger trends and debates.
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In: Israel yearbook on human rights, Band 41
ISSN: 0333-5925
In: International legal materials: ILM, Band 48, Heft 1, S. 187-191
ISSN: 1930-6571