The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.
H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy at Dickinson College. Previously he was a Distinguished Fulbright Lecturer on American constitutional law in the United Kingdom, a Judicial Fellow at the Supreme Court of the United States, a Reporter of an Ad Hoc Committee of the Judicial Conference of the United States, and a director of the K. Robert Nilsson Center for European Studies in Bologna, Italy. He has received a number of awards, grants, and fellowships. He has published widely in the field of legal theory and American constitutional law. His work in progress is focused on the rule of law during the administration of George W. Bush.
Part 1 Foreign Intelligence Surveillance: In re Sealed Case Chapter 2 Background Chapter 3 Brief of the United States Chapter 4 Oral Argument Chapter 5 Amici Curiae Briefs and the Government's Supplemental Brief Chapter 6 FISA Court Review Decision Chapter 7 Postscript Part 8 Detention of Citizen Enemy Combatants: Hamdi v. Rumsfeld and Rumsfeld v. Padilla Chapter 9 Rumsfeld v. Padilla Chapter 10 Background Chapter 11 Briefs Filed at the Supreme Court in Hamdi and Padilla Chapter 12 Oral Arguments in Hamdi and Padilla Chapter 13 The Decision Chapter 14 Postscript Part 15 Aliens Detained Abroad: Rasul v. Bush Chapter 16 Background Chapter 17 Legal Briefs Filed in Rasul Chapter 18 Excerpts from Briefs filed in Rasul Chapter 19 Oral Arguments in Rasul Chapter 20 The Decision Chapter 21 Postscript Part 22 Civilian Trials of High-Profile Terrorists Chapter 23 Background Chapter 24 Briefs Filed at the 4th Circuit Chapter 25 Oral Argument Chapter 26 4th Circuit's Decision Chapter 27 Postscript Part 28 Military Trials Chapter 29 Background Chapter 30 The Briefs Chapter 31 Oral Argument Chapter 32 The Decision Chapter 33 Postscript