This article explores litigation delays occurring at the Guantámo Bay Naval Base. The author uses his clients to illustrate some of the issues that have arisen with overseas detention cases. Through his clients’ experience of detainment for over five years without being charged with a crime, he discusses the many roadblocks the United States government employs to delay litigation. The author also describes both the toll these delays take on not only the detainees’ physical and mental health, but also the rule of law in the United States. To date, the judiciary has not ruled on his clients habeas petitions, flouting the tenet of a right to a “speedy and effective” remedy.
Falkoff, Marc D., "Litigation and Delay at Guantánamo Bay" (2007). Faculty Peer-Reviewed Publications. 621.
College of Law