Legal Theory

D.C. Circuit Upholds Constitutionality of Military Commissions Act Withdrawal of Federal Habeas Jurisdiction for Guantanamo Detainees

On February 20, 2007, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an important decision in long-running litigation brought by detainees held by the United States at the Guantanamo Bay, Cuba military facility.[1] Disposing of a score of consolidated appeals involving 63 foreign nationals, the two-judge majority in Boumediene v.

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Volume: 
11
Issue: 
8
Author: 
Andrew Kent
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Acts of Non-State Armed Groups and the Law Governing Armed Conflict

The recent conflict in Lebanon and Northern Israel, occurring between a state and a non-state armed opposition group on the territory of a state that has not itself taken up arms, raises distinct challenges for interpretation of international law related to armed conflict.

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Volume: 
10
Issue: 
21
Author: 
Jonathan Somer
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Status of Detainees in Non-International Armed Conflict, and their Protection in the Course of Criminal Proceedings: The Case of Hamdan v. Rumsfeld

I. Introduction

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Volume: 
10
Issue: 
17
Author: 
John P. Cerone
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The Supreme Court Decides a Consular Convention Case

On June 28, 2006, the U.S.

Topic: 
Volume: 
10
Issue: 
16
Author: 
Frederic L. Kirgis
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The Danish Cartoon Row and the International Regulation of Expression

The Cartoons and Freedom of Expression

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Volume: 
10
Issue: 
2
Author: 
John Cerone
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Is Foreign Law International Law?

An Associated Press news release dated October 18, 2005, begins with the headline, "Gonzales Weighs in on International Law." The news release, with the headline, was picked up by several newspapers, including the Los Angeles Times, the Washington Post and the Baltimore Sun. The body of the article discussed Attorney General Alberto Gonzales' view, expressed in a speech at George Mason University, that the U.S. Supreme Court should not consider foreign law in making its decisions.

Topic: 
Volume: 
9
Issue: 
33
Author: 
Frederic L. Kirgis
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