Understanding the Exceptional and Dynamic Nature of Boumediene Rights to Court Access
Fordham University School of Law
December 29, 2012
University of Pennsylvania Law Review PENNumbra, Vol. 161, 2012
Fordham Law Legal Studies Research Paper No. 2194726
This short piece replies to Professor Steve Vladeck's comments on my essay 'Do Boumediene Rights Expire?' 161 U. Pa. L. Rev. Pennumbra 20 (2012), available at http://ssrn.com/abstract=2166103
In this reply, I further develop the argument that Boumediene rights to court access may have expired for those Guantanamo detainees determined through habeas litigation to be enemy fighters; and whether these judicially-confirmed enemy fighters have continuing rights court access under Boumediene goes to the federal courts' subject matter jurisdiction, meaning that the Obama administration's concession of continued court access is inoperative and federal courts must sua sponte raise and decide the issue.
Number of Pages in PDF File: 8
Keywords: habeas corpus, access to courts, Boumediene, GuantanamoAccepted Paper Series
Date posted: December 30, 2012 ; Last revised: January 9, 2013
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