Analysis & Commentary
Justice
Removing Gonzales Will Not Remove Systemic Problems
Authored by: Aziz Huq
– 03/12/07
Foolish Deference
Authored by: Aziz Huq
– 03/09/07
Legal Analysis of Missouri’s Tip Credit
– 03/08/07
Habeas Corpus Can’t Wait
Last week, the Court of Appeals for the District of Columbia acted to return Guantánamo detainees to the Supreme Court. They ruled against the detainees , holding that they have no rights under the Constitution, thanks to the Military Commission Act of 2006.
Authored by: Aziz Huq
– 03/05/07
Will Bill Richardson Lead on Wages?
Authored by: Paul Sonn
– 03/01/07
Justice Perverted
A federal appeals court ruled Tuesday that Guantnamo detainees no longer have a right to be heard in court. Unless this decision is rectified by the Supreme Court or by Congress, Guantnamo will once again become a legal black hole. Meanwhile, nearly 400 individuals remain imprisoned without due process.
Authored by: Jonathan Hafetz
– 02/22/07
Framing the Presidency
What kind of executive branch did America’s constitutional framers have in mind? It’s a question with which federal courts are now busy wrestling. And the quality of liberty American citizens enjoy very much depends on their answers.
Authored by: Aziz Huq
– 02/19/07
No King Please, We’re Americans
Authored by: Frederick A.O. Schwarz and Aziz Huq
– 02/12/07
Omar v. Harvey: Using International Law to Limit Human Rights
Government arguments in the detention context, from its claims about the status of Guantanamo through its manufacture of the “enemy combatant” designation, are unified by a single theme: the effort to establish an area of absolute factual discretion, in which the 99% who may be innocent may be held alongside the risky remainder. For the Vice-President’s fabled one-percent solution, a zone of darkness is a sine qua non.
Authored by: Aziz Huq
– 02/10/07