The National Security Court System: A Natural Evolution of Justice in an Age of Terror

Hardcover | August 20, 2009

byGlenn Sulmasy

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The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing ofGuantanamo. In this timely and much-needed book, Glenn Sulmasy, one of America's leading experts on national security law, opens with a much-needed history of America's long and complicated experience with such courts since the early days of the Republic. After tracing their evolution in thecontemporary era, Sulmasy argues for a more sensible approach to the global war on terror's unique set of prisoners. He proposes a reasonable "third way" solution that avoids even more extreme measures, on the one hand, and a complete shuttering of the court system, on the other. Instead, headvocates creating a separate standing judicial system, overseen by civilian judges, that allows for habeas corpus appeals and which focuses exclusively on existing war-on-terror cases as well as the inevitable cases to come. For all those who want to explore the crucial legal issues behind theheadlines about Gitmo and the rights of detainees, The National Security Court System offers a clear-headed assessment of where we are and where we ought to be going.

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The recent Boumediene v. Bush decision, which tossed aside the dysfunctional military court system envisioned by the Bush administration and upheld the right of habeas corpus for detainees, promises to throw national security law into chaos, and will also probably lead to the closing ofGuantanamo. In this timely and much-needed book, ...

Glenn Sulmasy is a National Security and Human Rights Fellow, Harvard University, and Professor of Law, Commander and Judge Advocate, U.S. Coast Guard Academy.
Format:HardcoverDimensions:256 pages, 9.25 × 6.13 × 0.98 inPublished:August 20, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195379810

ISBN - 13:9780195379815

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Table of Contents

Introduction1. The Original Intent of Military Commissions2. Military Commissions in U.S. History3. The Second World War Military Commision - Ex Parte Quirin, et al4. The War on al Qaeda and the Military Order of November 13, 20015. Hamdan and the Military COmmissions Act of 20066. The Legal Landscape After oumediene7. The National Security Court SystemConclusion