Download or read book Habeas Corpus After 9 11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.

Download or read book The 9 11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.

Download or read book The Guant namo Lawyers written by Mark P. Denbeaux and published by NYU Press. This book was released on 2011-03-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the terrorist attacks of September 11, 2001, the United States imprisoned more than 750 men at its naval base at Guantánamo Bay, Cuba. The detainees, ranging from teenagers to elderly men from over forty different countries, were held for years without charges, trial, or a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took lawyers who had filed habeas corpus petitions over two years to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers worked under severe restrictions, designed to inhibit communication and maximize secrecy. Eventually, however, lawyers did meet with their clients. This book contains over 100 personal narratives from attorneys who have represented detainees held at Guantánamo as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites."

Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

Download or read book The Imperial Presidency and the Consequences of 9 11 written by Mark R. Shulman and published by Bloomsbury Publishing USA. This book was released on 2007-02-19 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of the imperial presidency, which is raised in connection with the Bush administration's response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? These reports, compiled by the NYC Bar Association merit wider distribution. Thus, Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade Over the past few years, much lip service has been paid to the phrase rule of law. At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.

Download or read book Law and the Long War written by Benjamin Wittes and published by Penguin. This book was released on 2008-06-19 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.

Download or read book The PATRIOT Act Other Post 9 11 Enforcement Powers and the Impact on California s Muslim Communities written by Max Vanzi and published by . This book was released on 2004 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: The California State Senate Office of Research examined the USA PATRIOT Act & assoc. Fed. powers that the gov't. acquired to protect the country against domestic terrorism following the attacks of 9/11. The office has looked at these issues from the perspective of members of Muslim communities in CA. The office discovered that a broad cross-section of these communities find the force of these new powers to be aimed against Muslims innocent of any connection to terrorist acts or known terrorist intentions. Contents: The PATRIOT Act -- An Overview; Selected Patriot Act Sections; The Roundup of Muslim Immigrants; Fed. Enforcement & the CA Connection: State & Local Issues; Foreign Students & Scholars; Conclusion; Stories; US-VISIT Fact Sheet.

Download or read book Terrorism and the Constitution written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.

Download or read book Habeas Corpus in Wartime written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.

Download or read book What Changed When Everything Changed written by Joseph Margulies and published by Yale University Press. This book was released on 2013-05-21 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIV Beautifully written and carefully reasoned, this bold and provocative work upends the conventional wisdom about the American reaction to crisis. Margulies demonstrates that for key elements of the post-9/11 landscape—especially support for counterterror policies like torture and hostility to Islam—American identity is not only darker than it was before September 11, 2001, but substantially more repressive than it was immediately after the attacks. These repressive attitudes, Margulies shows us, have taken hold even as the terrorist threat has diminished significantly. Contrary to what is widely imagined, at the moment of greatest perceived threat, when the fear of another attack “hung over the country like a shroud,” favorable attitudes toward Muslims and Islam were at record highs, and the suggestion that America should torture was denounced in the public square. Only much later did it become socially acceptable to favor “enhanced interrogation” and exhibit clear anti-Muslim prejudice. Margulies accounts for this unexpected turn and explains what it means to the nation’s identity as it moves beyond 9/11. We express our values in the same language, but that language can hide profound differences and radical changes in what we actually believe. “National identity,” he writes, “is not fixed, it is made.” /div

Download or read book Tainted Legacy written by William Schulz and published by Nation Books. This book was released on 2003-09-29 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have human rights as we once understood them become obsolete since 9-11? Aren't new methods needed to combat the apocalyptic violence of al-Qaeda? Shouldn't we sacrifice some rights to make us all safer? And if we can kill a combatant in battle, why shouldn't we torture them if it will save lives? William Schulz, Executive Director of Amnesty International USA, examines these and other fundamental questions through the prism of our new consciousness about terrorism in this provocative new book. It questions America's own ambivalent record—its tainted legacy—and addresses recent human rights violations: the imprisonment without charge of non-citizens and the violation of the Geneva Convention at Guantanamo Bay. Schulz writes, "One of Osama bin Laden's goals is to destroy the solidarity of the international community and undermine the norms and standards that have sustained that community since the end of World War II. The great irony of the post-9/11 world is that, when it comes to human rights, the United States has been doing his work for him."

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book The War On Our Freedoms written by Richard C Leone and published by PublicAffairs. This book was released on 2008-08-06 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.

Download or read book War by Other Means written by John Yoo and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The key legal architect of the Bush administration’s response to 9/11 delivers a fascinating insider account of the war on terror. While America reeled from the cataclysmic events of September 11, 2001, John Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America’s fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, and military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly

Download or read book The Challenge written by Jonathan Mahler and published by Farrar, Straus and Giroux. This book was released on 2008-08-05 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.

Download or read book Federal Habeas Corpus Practice and Procedure written by James S. Liebman and published by . This book was released on 1998 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 2nd, published in 1994.

Download or read book The Impact of 9 11 and the New Legal Landscape written by M. Morgan and published by Springer. This book was released on 2009-08-31 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of 9/11 and the New Legal Landscape is the third volume of the six-volume series The Day that Changed Everything? edited by Matthew J. Morgan. The series brings together from a broad spectrum of disciplines the leading thinkers of our time to reflect on one of the most significant events of our time.