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Article
Holding Enemy Combatants in the Wake of Hamdan
Engage: The Journal of the Federalist Society's Practice Groups (2007)
  • Ronald D. Rotunda
Abstract

The article offers, inter alia, a succinct survey of the historical and jurisprudential background for the detainee cases and military commissions cases - including a number of important factual details glossed over in most reporting on the cases (e.g., Padilla has stipulated that he was an enemy spy sent to the United States; it was Hamdan's own defense counsel who had asked to exclude him from the voir dire portion of the proceedings) - as well as legal issues that may still arise.

Keywords
  • Hamdan,
  • enemy combatants,
  • detainee cases,
  • military commission cases,
  • Federalism,
  • separation of powers
Publication Date
June, 2007
Citation Information
Ronald D. Rotunda, Holding Enemy Combatants in the Wake of Hamdan, 8 Engage: J. Federalist Soc'y Practice Groups 52 (2007). Available at: http://works.bepress.com/ronald_rotunda/5