Tuesday, April 24, 2007
University of Miami Law School CrimProf Stephen I. Vladeck participated in a symposium at Lewis and Clark Law School in Portland, Oregon, titled "Crimes, War Crimes, and the War on Terror." Professor Vladeck was in a panel titled "The Other Criminal Process: War Crimes, Military Commissions, and Habeas Corpus," where he will present a new paper, titled "Enemy Aliens, Enemy Property, and Access to the Courts."
In this paper, Professor Vladeck examines the underexplored jurisprudence concerning who the "enemy" is, comparing the jurisprudence under the Alien Enemy Act of 1798, the Trading With the Enemy Act of 1917, and the so-called "enemy property" doctrine. The paper argues that courts have long played a central role in adjudicating claims by individuals that they are not, in fact, "enemies," and that the current debate over "enemy combatants" and access to the courts has completely neglected these earlier--and important--precedents. [Mark Godsey]