Holding Enemy Combatants in the Wake of Hamdan
- Author(s):
- Ronald Rotunda
- Posted:
- 2007
- Law & Economics #:
- 07-25
- Availability:
- Full text (most recent) on SSRN
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.