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Toward a Limited-Government Theory of Extraterritorial Detention
The United States military's detention of hundreds of men at the Naval Base at Guantanamo Bay since January 2002 has drawn intense international condemnation, focused mainly on the United States' refusal to afford the ...
Habeas, Informational Asymmetries, and the War on Terror
Although most American lawyers and legal scholars are primarily familiar with habeas corpus in the context of federal review of state convictions, habeas petitions have been used to challenge detention by the executive ...
Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention
The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining ...
Torture and Habeas Corpus as Information-Forcing Devices
The habeas lawyer, I therefore suggest modestly, is the legal mirror-image of the state as torturer and as outlaw information-gatherer. One of my clients was kept in total darkness for weeks before being transferred to ...