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Section on Federal Courts
Marina Salon F, South Tower/Level 3, San Diego Marriott Hotel & Marina

Habeas Corpus and the War on Terror

The government’s apprehension, detention, and treatment of alleged enemy combatants and other individuals in connection with the war on terror has raised anew a number of old and vexing issues in federal jurisdiction. These include whether and to what extent the Constitution requires the availability of judicial review in cases of executive detention; the extent to which any right to habeas corpus-based review depends on the citizenship of the detainee, the location of apprehension, or the location of detention; the extent of Congress’s power to limit, adjust, and replace the federal courts’ habeas jurisdiction with other review mechanisms; and indeed the core content of habeas corpus review itself. This panel will address these and other questions in the course of reviewing developments in the supreme and lower courts relating to habeas corpus and the war on terror.

Business Meeting at program conclusion.