The emerging law of detention : the Guantánamo habeas cases as lawmaking
Governance Studies at Brookings
Extent: 1 online resource (106 p.)
Contents: Executive summary -- Introduction -- Historical context for the current Habeas litigation -- Burden of proof -- The scope of the government's detention authority -- Is detainability, once established, permanent? -- Evidentiary presumptions -- The court's treatment of hearsay evidence -- The admissibility and weight of involuntary statements -- Mosaic theory and the totality of the evidence -- Would different judges have reached different results? -- Issues on appeal -- Conclusion -- Appendix I -- Appendix II.
At head of title : Governance Studies at Brookings; "January 22, 2010."; Includes bibliographical references; Harvested from http://www.brookings.edu/~/media/Files/rc/papers/2010/0122_guantanamo_wittes_chesney/0122_guantanamo_wittes_chesney.pdf on July 7, 2011.
Abstract: "President Obama's decision not to seek additional legislative authority for detentions at Guántanamo Bay, Cuba--combined with Congress's lack of interest in the task--means that, for good or for ill, judges must write the rules governing military detention of terrorist suspects. As the United States reaches the president's self-imposed January 22, 2010 deadline for Guantanamo's closure with the base still holding nearly 200 detainees, the common-law process of litigating their habeas corpus lawsuits has emerged as the chief legislative mechanism for doing so."--Exec. summary (p.1)
Habeas corpus--United States
Detention of persons--Cuba--Guantánamo Bay Naval Base
Detention of persons--United States
Prisoners--Cuba--Guantánamo Bay Naval Base
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