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Features
31 Aug 2014

Six hundred and twenty-one detainees have been transferred from Guantanamo Bay since 2002. NPR and The New York Times have identified at least a dozen of the 621 whom have resumed terrorist activities. Of that dozen, two became leaders of al Qaeda in the Arabian Peninsula. The news outlets acquired … [read more]


Academic Commentary
20 Feb 2014

JURIST Guest Columnist Ronald Sievert of the Bush School of Government at Texas A&M University and adjunct professor at the University of Texas School of Law in national security and international law argues that when weighed against the minimal privacy interests impacted, government metadata surveillance programs produce a net gain … [read more]


Features
20 Jul 2013

During the course of the War on Terror, the US military detained hundreds of individuals as "enemy combatants"—a label the US government used to denote their legal status as unlawful combatants without protections under the Geneva Conventions. With military conflicts first in Afghanistan and later in Iraq, the number of … [read more]


Features
20 Jul 2013

On October 7, 2001, following the beginning of the War on Terror, the US military began detaining hundreds of suspected terrorists. Many of those captured were designated "enemy combatants" — a label coined by the administration of President George W. Bush to denote their legal status as unlawful combatants without … [read more]


Academic Commentary
19 Apr 2013

JURIST Guest Columnist Patrick Borchers of the Creighton University School of Law says that the Supreme Court's opinion in Kiobel v. Royal Dutch Petroleum overlooks recent relevant developments in the conflict of laws and may have unintended effects on future cases...The US Supreme Court's already-strange extraterritoriality jurisprudence just got a … [read more]


Professional Commentary
21 Mar 2013

JURIST Guest Columnist Shane Kadidal of the Center for Constitutional Rights argues that even if the government's petition for en banc review of al Bahlul v. US fails, it will nonetheless succeed in maintaining the political status quo of the Obama administration...There are, basically, only two ways to leave Guantanamo … [read more]


Legal News
10 Jan 2013
by Sung Un Kim

[JURIST] A judge for the US District Court for the District of Columbia [official website] ruled [opinion, PDF] Wednesday that lawyers for a detainee at Guantanamo Bay [JURIST backgrounder] may not review top secret documentation. Wali Mohammed Morafa, who has been detained for financially aiding the operations of terrorist organizations, … [read more]


Professional Commentary
27 Sep 2012

JURIST Contributing Editor Gabor Rona, International Legal Director of Human Rights First, argues that the new wave of lawsuits regarding the NDAA stem from the poor detention policies of the US...This week, the US Court of Appeals for the Second Circuit will consider whether to stay US District Judge Katherine … [read more]


Academic Commentary
20 Sep 2012

JURIST Guest Columnist David Frakt of the University of Pittsburgh School of Law says that the continuing military detention of persons who have been cleared for release is an unjustifiable consequence of the political aspects of the war on terror...On September 11, 2012, as the nation remembered those who lost … [read more]


Legal News
9 Aug 2012
by Brandon Gatto

[JURIST] The US Department of Justice (DOJ) [official website] on Tuesday filed a brief [text, PDF] with the US District Court for the District of Columbia [official website] asserting that the government should decide when a Guantanamo Bay [JURIST backgrounder] prisoner is granted continued regular access to legal counsel absent … [read more]


Legal News
18 Jul 2012
by Dan Taglioli

[JURIST] A Kuwaiti lawyer announced Tuesday that he has filed a lawsuit against Kuwait's prime minister and other government officials [AP report] in order to pressure authorities to facilitate the release of two Kuwaiti detainees at Guantanamo Bay [JURIST backgrounder]. Lawyer Adel Abdulhadi is seeking the release of Faiz Mohammed … [read more]


Legal News
17 Jul 2012
by Dan Taglioli

[JURIST] The US District Court for the District of Columbia [official website] heard arguments Monday on whether US courts could hear foreign nationals' challenges to their detention by the US military at Bagram Air Force Base (Bagram) [official website; JURIST news archive] in Afghanistan. District Judge John Bates [official profile] … [read more]


Academic Commentary
20 Jun 2012

JURIST Contributing Editor Marjorie Cohn of the Thomas Jefferson School of Law says that the Supreme Court's recent refusal to hear appeals from detainees at Guantanamo Bay represents a significant step away from the rights secured for them in Boumediene v. Bush...The tragic case of Adnan Farhan Abdul Latif hit … [read more]


Academic Commentary
3 Mar 2012

JURIST Guest Columnist William Araiza of the Brooklyn Law School says that the Douglas case demonstrates that larger ideological issues can be at stake in seemingly minor and technical disputes, such as the Supremacy Clause and administrative agency appeal issues at hand in Douglas...Sometimes important legal issues come disguised in … [read more]


Legal News
22 Feb 2012
by Jerry Votava

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Tuesday affirmed [opinion, PDF] the dismissal of wrongful death claims by the families of two former Guantanamo Bay [JURIST backgrounder] detainees, Yasser Al-Zahrani of Saudi Arabia and Salah Al-Salami of Yemen, who committed suicide while … [read more]


Student Commentary
22 Feb 2012

JURIST Assistant Editor Kimberly Bennett, University of Pittsburgh School of Law Class of 2014, argues that the Stolen Valor Act is a piece of wartime legislation that is not the least restrictive means of furthering the government's interest and, as such, should be overturned... (Her opinions are not intended to … [read more]


Academic Commentary
14 Jan 2012

JURIST Guest Columnists Mark Denbeaux, Nick Stratton and Lauren Winchester of Seton Hall University School of Law say the right to a meaningful habeas corpus proceeding by Guantanamo detainees has been complicated by a recent decision making it more difficult for detainees to challenge the evidence against them... With the … [read more]


Academic Commentary
10 Dec 2011

JURIST Guest Columnist Tung Yin of Lewis & Clark Law School says that the decision in Latif v. Obama construes the presumption of regularity in a way that creates an unfair obstacle for military detainees trying to question the evidence used to justify their detention...In Latif v. Obama, the US … [read more]


Legal News
11 Nov 2011
by John Paul Putney

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Wednesday released a partially redacted opinion [PDF] in Latif v. Obama, overturning the release order [JURIST report] for Yemeni Guantanamo detainee Adnan Farhan Abdul Latif [NYT profile]. The redaction at times covers entire sections, but … [read more]


Legal News
22 Jun 2011
by Zach Zagger

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] Tuesday upheld the dismissal [opinion, PDF] of a torture suit against former US Secretary of Defense Donald Rumsfeld [ABC news backgrounder; JURIST news archive] brought by four Afghan and five Iraqi citizens alleging they were illegally … [read more]

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