•  
  •  
 

Authors

Joseph R. Pope

Document Type

Article

Media Type

Text

Abstract

This article examines the jurisdictional features of the newly enacted Detainee Treatment Act of 2005 and the Supreme Court's Hamdan v. Rumsfeld decision as it relates to the retroactive application of the Act. In particular, the article considers the impact of the Act on the Supreme Court's earlier Rasul v. Bush decision and considers whether the statute, as interpreted by the Court in Hamdan, successfully abrogated that controversial decision or leaves certain unintended infirmities untreated. The article explores the Congressional history of the Act and explains how that history supported the Supreme Court's ultimate conclusion in Hamdan that Congress failed to divest the federal courts of their jurisdiction to hear habeas corpus petitions brought by the detainees as granted to the Courts by Rasul. The article concludes that the primary holding of Rasul, that foreign detainees can petition for habeas relief outside the territorial jurisdiction of the United States, remains largely intact.

First Page

21

Last Page

34

Publication Date

11-1-2006

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.