No Third Class Processes for Foreigners

17 Pages Posted: 6 Aug 2008

See all articles by Benjamin Davis

Benjamin Davis

University of Toledo College of Law


This essay responds to an essay of Professor Gregory S. Mcneal with regard to improvement of the military commissions created pursuant to the Military Commission Act of 2006. This essay discusses why the military commissions are intentionally structured in this flawed way, the separate and unequal third class process for foreigners, and the troubling example of the Hamdan military commission. I conclude that reform is meaningless and make suggestions for a different perspective.

Keywords: Hamdan, Military Commissions, Torture, Fifth Amendment, Insular Cases, Constitution, Boumediene, Ross, Guantanamo, national treatment, international minimum standard of justice, courts, courts-martial, coercion

Suggested Citation

Davis, Benjamin, No Third Class Processes for Foreigners. Northwestern University Law Review, Forthcoming, University of Toledo Legal Studies Research Paper No. 09-03, Available at SSRN:

Benjamin Davis (Contact Author)

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

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