The Emerging Law of Detention: The Guantanamo Habeas Cases as Lawmaking: That's the title of Kenneth Anderson's Volokh Conspiracy post, and a new study just out from the Brookings Institution by Benjamin Wittes, Robert Chesney, and Rabea Benhalim, on how lower courts are addressing substantive and procedural issues raised by the detainee's habeas corpus petitions. Anderson writes that "[n]o matter what your particular legal viewpoint about detention and
Guantanamo, this report will be required reading because of the breadth
and depth of its analysis -- running to all the extant cases." Anderson's post features a guest post from the study's authors. There, Wittes, Chesney and Benhalim write that "some decisions the judges are making--particularly their views regarding
just who comes within the scope of the AUMF--have direct implications
for activities other than GTMO detention, such as targeting decisions."
Mirandizing the Christmas Day Bomber: Volokh Conspiracy blogger, Paul Cassell, comments on Bill Otis' C&C analysis of the Christmas Day bomber, Umar Farouk Abdulmutallab. Cassell agrees with Otis that giving Abdulmutallab Miranda warnings "as not a one-time, bureaucratic screw-up, but rather a larger strategic failure." He adds, "[w]hatever one thinks about the ultimate place of trial for Abdulmutallab (civilian vs. military court, for example), the best place for obtaining information is clearly not to the civil justice system."
Westlaw and Lexis Upgrades: Adam J. Kolber, a Professor at University of San Diego School of Law, reports on CrimProf Blog that Westlaw and Lexis are about to modernize their web interfaces. He links to Ashlee Vance's New York Times piece reporting on the details, and comments that he is "not very optimistic that the updates will" help. Wall Street Journal's Law Blog also posts on the Lexis and Westlaw upgrades. According to Ashby Jones, the programs upgrades will make the search function "feel a lot more like, well, Google."
Post-Argument SCOTUScast: Last week, the Federalist Society posted its post-argument SCOTUScast for the cases Black v. United States and Weyhrauch v. United States featuring Crime and Consequences contributing blogger Bill Otis. Both Black and Weyhrauch addressed questions about the scope of the "honest services" provision of 18 U.S.C. ยง 1346. Otis' C&C post discussing the cases and the "honest services" clause is available here.
Mirandizing the Christmas Day Bomber: Volokh Conspiracy blogger, Paul Cassell, comments on Bill Otis' C&C analysis of the Christmas Day bomber, Umar Farouk Abdulmutallab. Cassell agrees with Otis that giving Abdulmutallab Miranda warnings "as not a one-time, bureaucratic screw-up, but rather a larger strategic failure." He adds, "[w]hatever one thinks about the ultimate place of trial for Abdulmutallab (civilian vs. military court, for example), the best place for obtaining information is clearly not to the civil justice system."
Westlaw and Lexis Upgrades: Adam J. Kolber, a Professor at University of San Diego School of Law, reports on CrimProf Blog that Westlaw and Lexis are about to modernize their web interfaces. He links to Ashlee Vance's New York Times piece reporting on the details, and comments that he is "not very optimistic that the updates will" help. Wall Street Journal's Law Blog also posts on the Lexis and Westlaw upgrades. According to Ashby Jones, the programs upgrades will make the search function "feel a lot more like, well, Google."
Post-Argument SCOTUScast: Last week, the Federalist Society posted its post-argument SCOTUScast for the cases Black v. United States and Weyhrauch v. United States featuring Crime and Consequences contributing blogger Bill Otis. Both Black and Weyhrauch addressed questions about the scope of the "honest services" provision of 18 U.S.C. ยง 1346. Otis' C&C post discussing the cases and the "honest services" clause is available here.
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