CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, April 7, 2005

Courts and Military Detainees at W&M

David A. Martin, a professor at the University of Virginia Law School and former General Counsel of the Immigration and Naturalization Service, will present a lecture titled "Courts and Military Detainees: The Overlooked Virtues of Deferential Review" on Monday, April 18, at the William & Mary Law School.

Martin will speak at 3:30 p.m. in Room 119 at the Law School on South Henry Street. The lecture is free and open to the public and is part of the Distinguished Lecture Series sponsored by the new Human Rights and National Security Law Program.

In his talk, Martin will propose a regime that would allow courts to give individualized consideration to challenges to detention at U.S. military bases. Under his proposal, which fills gaps left by the Supreme Court after its decision in Rasul v. Bush, courts would apply a deferential standard of review that would still provide a genuine check against executive overreaching.

In the Rasul case, the Supreme Court held that federal courts have jurisdiction over habeas corpus petitions filed by detainees at the U.S. military base at Guantanamo, but was silent on what rights detainees can claim, the standards and procedures that will apply to such petitions, and whether habeas jurisdiction also covers U.S. detainees at other foreign locations. Martin’s proposal attempts to leave room for a future Court holding applying habeas at other military sites while still assuring military effectiveness in the war on terror.  [Mark Godsey]

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