Holding Enemy Combatants in the Wake of Hamdan

Engage: The Journal of the Federalist Society's Practice Groups, Vol. 8, No. 3, pp. 52-61, June 2007

George Mason Law & Economics Research Paper No. 07-25

11 Pages Posted: 12 Jul 2007  

Ronald D. Rotunda

Chapman University, The Dale E. Fowler School of Law

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

Suggested Citation

Rotunda, Ronald D., Holding Enemy Combatants in the Wake of Hamdan. Engage: The Journal of the Federalist Society's Practice Groups, Vol. 8, No. 3, pp. 52-61, June 2007; George Mason Law & Economics Research Paper No. 07-25. Available at SSRN: https://ssrn.com/abstract=1000083

Ronald Daniel Rotunda (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States

HOME PAGE: http://www1.chapman.edu/~rrotunda/

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