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Article • June 15, 2015 • from P&J June, 2015
Bahlul v. U.S., No. 11-1324 (D.C. Cir.) (792 F.3d 1) (June 12, 2015) (Judge Judith W. Rogers) by The never ending saga of Ali Hamza al-Bahlul’s (“Bahlul”) captivity by the U.S. at the Naval prison in Guantanamo Bay, Cuba continues - even though all three of the crimes for which …
Article • February 8, 2010 • from P&J February, 2010
Noriega v. Pastrana, No. 09-35 (U.S. Supreme Court) (559 U.S. 917; 130 S.Ct. 1002) (January 25, 2010) (Per Curiam) by Here, the Court declined to clarify whether individuals held in custody by the U.S. may rely on the protections of the Geneva Convention - despite the vigorous dissent of two …
Article • June 1, 2007 • from P&J June, 2007
Crater v. Galaza, No. 05-17027 (9th Cir.) (491 F.3d 1119) (July 9, 2007) (Judge Diarmuid F. O'Scannlain) by This case is noted for its exceptionally detailed analysis of, and it strong rejection of, a series of broad constitutional challenges to the AEDPA, including claims that one provision of the law, …
Article • January 1, 2007 • from P&J January, 2007
Boumediene v. Bush, No. 05-5062 (D.C. Cir.) (476 F.3d 981) (February 20, 2007) (Judge A. Raymond Randolph) by In this decision, a divided panel from the D.C. Circuit held that Congress stripped the Federal courts of jurisdiction to hear any habeas challenges from the hundreds of foreign nationals being held …
Article • November 1, 2006 • from P&J November, 2006
Hamdan v. Rumsfeld, No. 04-CV-1519 (JR) (D.D.C.) (464 F.Supp.2d 9) (December 13, 2006) (Judge James Robertson) by In Hamdan v. Rumsfeld, 126 S.Ct. 2749 (June 29, 2006) (Hamdan I) (P&J, 05/29/06), a sharply divided Supreme Court held that President Bush did not have the legal authority to set up military …
Article • November 1, 2006 • from P&J November, 2006
Evans v. Thompson, No. Civ. No. 04-12205-WGY (D.Mass.) (465 F.Supp.2d 62) (December 11, 2006) (Judge William G. Young) by In this lengthy decision, Judge Young has produced another in a long list of signature masterpieces. (See, e.g., U.S. v. Kandirakis, 441 F.Supp.2d 282 (D.Mass. 2006) (P&J, 07/10/06); and U.S. v. …