TITLE

ENEMY COMBATANTS AND A CHALLENGE TO THE SEPARATION OF WAR POWERS IN Al-Marri v. Wright, 487 F.3d 160 (4th Cir. 2007)

AUTHOR(S)
Shill, Gregory H.
PUB. DATE
January 2008
SOURCE
Harvard Journal of Law & Public Policy;Winter2008, Vol. 31 Issue 1, p393
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article examines the decision of the U.S. Court of Appeals, which held that President George W. Bush lacked the power to hold Al-Qaeda terrorist Ali Saleh Kahlah al-Marri as an enemy combatant. The court held that the laws governing war are defined by international law, despite the presence of contradictory domestic laws and international law bars the detention of terrorists unless they are clearly acting on behalf of an enemy state. Supreme Court decisions and constitutional provisions that contradict this ruling are cited.
ACCESSION #
30072026

 

Related Articles

  • SAYING WHAT THE LAW SHOULD BE: JUDICIAL USURPATION IN Al-Marri v. Wright, 487 F.3d 160 (4th Cir. 2007). Tarter, J. B. // Harvard Journal of Law & Public Policy;Winter2008, Vol. 31 Issue 1, p411 

    The article examines the decision of the U.S. Court of Appeals to reverse the ruling of a federal district court that dismissed the habeas corpus petition of terrorist Ali Saleh Kahlah al-Marri. al-Marri was detained as an enemy combatant by the president. The court argued that the Military...

  • Round Two for Terrorist Trials. Hegland, Corine // National Journal;10/14/2006, Vol. 38 Issue 41, p59 

    The article examines the implications of the case of Ali Saleh Kahlah al-Marri of Peoria, Illinois who is being detained as an unlawful enemy combatant. President George W. Bush is scheduled to sign the Military Commissions Act that forbids the courts to hear petitions of habeas corpus. The...

  • AL-MARRI V. PUCCIARELLI: THE FOURTH CIRCUIT SOLIDIFIES THE PRESIDENT'S AUTHORITY TO DETAIN AL QAEDA AGENTS WHILE CREATING ADDITIONAL CONFUSION REGARDING THE HABEAS CORPUS PRIVILEGES OF DETAINEES. Pitcher, Brandon J. // Creighton Law Review;Jun2010, Vol. 43 Issue 4, p1221 

    The article focuses on the facts and holdings of Ali Saleh Kahlah al-Marri's case, along with the reasoning of the judges of the U.S. Court of Appeals for the Fourth Circuit used to reach the court's decision. It shows that al-Marri had sufficient due process since his habeas corpus proceedings...

  • CLEAR STATEMENT RULES AND EXECUTIVE WAR POWERS. Bradley, Curtis A. // Harvard Journal of Law & Public Policy;Winter2010, Vol. 33 Issue 1, p139 

    The article focuses on the clear statement rules and executive war powers of the president of the United States in relation to various court cases. In the case of Ali Saleh Kahlah al-Marri, statutory authority was a central issue wherein the Bush Administration designated al-Marri as an enemy...

  • The Material Support Prosecution and Foreign Policy. Said, Wadie E. // Indiana Law Journal;Spring2011, Vol. 86 Issue 2, p543 

    The article discusses the provisions of the regulations associated with terrorism prevention in the U.S. It cites the case of Ali Saleh Kahlah al-Marri, who was charged of conspiracy of providing material support to al-Qaeda, a banned Foreign Terrorist Organization (FTO). However, it mentions...

  • Probation Eligibility.  // Probation & Parole Law Reports;Sep/Oct2013, Vol. 34 Issue 4, p69 

    The article discusses the U.S court cases al-Marri vs. Davis and State vs. Williams in the Supreme Court of Louisiana which deal with probation eligibility. In the al-Marri vs. Davis case, the court found that federal prisoner Al Saleh Kahlah al-Marri was not entitled to good conduct time for...

  • ENDING INDEFINITE DETENTION OF NON-CITIZENS. BRAMANTE, ANDREW // Case Western Reserve Law Review;Spring2011, Vol. 61 Issue 3, p933 

    The article offers information on the indefinite detention of non-American citizens and the denial of their constitutional rights by courts. It explores the evolution of their rights according to habeas corpus review. It presents the impact of the due process issues and the detention of...

  • BRECHT V. ABRAHAMSON: HARMFUL ERROR IN HABEAS CORPUS LAW. Liebman, James S.; Hertz, Randy // Journal of Criminal Law & Criminology;Winter/Spring94, Vol. 84 Issue 4, p1109 

    This article discusses the harmless error standard of the U.S. Supreme Court for habeas corpus cases. The Court and the lower federal courts have applied the same rule for assessing the harmlessness of constitutional error in habeas corpus proceedings as they have applied on direct appeal of...

  • Challenging the Habeas Process Rather Than the Result. Marceau, Justin F. // Washington & Lee Law Review;Winter2012, Vol. 69 Issue 1, p85 

    Habeas scholarship has repeatedly assessed whether the Antiterrorism and Effective Death Penalty Act's (AEDPA's) limitations on federal habeas relief were as severe in practice as they appeared to be on paper. By analyzing recent doctrinal shifts--particularly focusing on two Supreme Court...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics