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Guantanamo Forever: United States Sovereignty and the Unending State of Exception


Mary Anne Franks


University of Miami School of Law

Winter 2007

Harvard Law and Policy Review, Vol. 1, p. 259, 2007

Abstract:     
This book review essay considers the Guantanamo Bay detention facility both before and after it became the focus of international attention. Brandt Goldstein's 'Storming the Court: How a Band of Yale Law Students Sued the President - and Won' is a vivid account of the experience of Haitian refugees who were detained at Guantanamo in 1991. The review maintains that Guantanamo was then and continues to be a no-man's land, where individuals are detained by US force and yet not protected by US laws. The essay suggests that Guantanamo is in danger of becoming a site of unending exception, where sovereign power is allowed to determine indefinitely not only the law, but what lies outside the law.

Number of Pages in PDF File: 8

Keywords: Guantanamo, terrorism, unlawful combatant, sovereignty, Carl Schmitt, Giorgio Agamben, torture

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Date posted: March 27, 2009  

Suggested Citation

Franks, Mary Anne, Guantanamo Forever: United States Sovereignty and the Unending State of Exception (Winter 2007). Harvard Law and Policy Review, Vol. 1, p. 259, 2007. Available at SSRN: http://ssrn.com/abstract=1369355

Contact Information

Mary Anne Franks (Contact Author)
University of Miami School of Law ( email )
P.O. Box 248087
Coral Gables, FL 33146
United States
HOME PAGE: http://www.law.miami.edu/faculty-administration/mary-anne-franks.php?op=1

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