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The Legitimacy of Military Tribunals
From: University of Chicago
| By:
Bernard MeltzerDavid P. CurrieJack GoldsmithCass SunsteinAdrian Vermeule |
EDITOR'S INTRODUCTION |
Following the attacks of September 11, 2001, the US government announced its intention to establish military tribunals to try non-US citizens suspected of terrorist activity. In a panel discussion at the University of Chicago Law School, leading scholars of constitutional and international law addressed the history and legitimacy of these tribunals.
David Currie looks at military tribunals during the Civil War and World War II to ask whether such tribunals are constitutional. Jack Goldsmith focuses on the president's powers as commander-in-chief and the nature of war crimes. Anticipating the rules issued in March 2002 by the Defense Department, Cass Sunstein discusses guidelines for burden of proof, right to defense counsel, and other procedural matters. Finally, Adrian Vermeule takes issue with the response of many legal academics to the question of tribunals.
In another panel discussion, lawyers and legal scholars at the University of Chicago Law School explore ways to ensure that military tribunals respect civil liberties. |
Bernard Meltzer introduces David Currie, Jack Goldsmith, Cass Sunstein, and Adrian Vermeule as they discuss the history and constitutionality of military tribunals.
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