An edition of The emerging law of detention (2010)

The emerging law of detention

the Guantánamo habeas cases as lawmaking

by

The emerging law of detention
Benjamin Wittes, Benjamin Witt ...
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Last edited by MARC Bot
January 5, 2023 | History
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An edition of The emerging law of detention (2010)

The emerging law of detention

the Guantánamo habeas cases as lawmaking

by

"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).

Publish Date
Publisher
Governance Studies at Brookings
Language
English
Pages
106

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Subjects

Habeas corpus, Detention of persons, Prisoners, Terrorism, Law and legislation

Places

United States, Cuba, Guantánamo Bay Naval Base

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Edition Availability
Cover of: The emerging law of detention
The emerging law of detention: the Guantánamo habeas cases as lawmaking
2010, Governance Studies at Brookings
electronic resource : in English
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Book Details

Table of 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.

Edition Notes

Title from PDF title page (viewed on July 7, 2011).

At head of title : Governance Studies at Brookings.

"January 22, 2010."

Preserved in the OCLC Digital Archive; Harvested from http://www.brookings.edu/~/media/Files/rc/papers/2010/0122_guantanamo_wittes_chesney/0122_guantanamo_wittes_chesney.pdf on July 7, 2011.

Includes bibliographical references.

Published in
[Washington, DC]
Other Titles
Guantánamo habeas cases as lawmaking.

Classifications

Library of Congress
KF9011

The Physical Object

Format
[electronic resource] :
Pagination
1 online resource (106 p.)
Number of pages
106

ID Numbers

Open Library
OL45366655M
OCLC/WorldCat
501315268

Source records

harvard_bibliographic_metadata record

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January 5, 2023 Created by MARC Bot Imported from harvard_bibliographic_metadata record