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1
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38049169493
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This point is ably made in Jack Goldsmith and Cass Sunstein, Military Tribunals and Legal Culture: What a Difference Sixty Years Makes, Constitutional Commentary 19:261 2003
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This point is ably made in Jack Goldsmith and Cass Sunstein, "Military Tribunals and Legal Culture: What a Difference Sixty Years Makes," Constitutional Commentary 19:261 (2003).
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2
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38049162299
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David McGowan of the University of San Diego has superbly discussed these issues in depth in his recent article, Decency, Due Care, and Lawyering in the War on Terror, San Diego Legal Studies Paper No. 07-96. Available at SSRN
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David McGowan of the University of San Diego has superbly discussed these issues in depth in his recent article, "Decency, Due Care, and Lawyering in the War on Terror," San Diego Legal Studies Paper No. 07-96. Available at SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=975124.
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3
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34249657323
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Ilya Somin and I have just described in far more detail the huge democratic deficit that besets international law. See John O. McGinnis and Ilya Somin, Should International Law be Part of Our Law? Stanford Law Review 59:1175 2007
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Ilya Somin and I have just described in far more detail the huge democratic deficit that besets international law. See John O. McGinnis and Ilya Somin, "Should International Law be Part of Our Law?" Stanford Law Review 59:1175 (2007).
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4
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38049188380
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Hamdi v. Rumsfeld, 542 U.S. 507 (2004).
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Hamdi v. Rumsfeld, 542 U.S. 507 (2004).
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5
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38049139213
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542 U.S. 466 2004
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542 U.S. 466 (2004).
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6
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38049113313
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In fact, two mid-level lawyers warned that the litigation risk was at least not insubstantial. See Memorandum for William B. Haynes, General Counsel, Department of Defense, from Patrick C. Philbin and John C. Yoo, Deputy Attorneys General, Office of Legal Counsel, Re: Possible Habeas Jurisdiction over Aliens Held in Guantanamo Bay, Cuba December 28, 2001
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In fact, two mid-level lawyers warned that the litigation risk was at least not insubstantial. See Memorandum for William B. Haynes, General Counsel, Department of Defense, from Patrick C. Philbin and John C. Yoo, Deputy Attorneys General, Office of Legal Counsel, Re: Possible Habeas Jurisdiction over Aliens Held in Guantanamo Bay, Cuba (December 28, 2001).
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8
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38049169492
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Morrison v. Olson, 487 U.S. 654 (1988).
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Morrison v. Olson, 487 U.S. 654 (1988).
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10
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38049110747
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See Memorandum for Alberto Gonzales, Counsel to the President, from Jay Bybee, Acting Assistant Attorney General, Office of Legal Counsel, Re: Standards for Interrogation under 18 U.S.C. 2340-2340A August 1, 2002
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See Memorandum for Alberto Gonzales, Counsel to the President, from Jay Bybee, Acting Assistant Attorney General, Office of Legal Counsel, Re: Standards for Interrogation under 18 U.S.C. 2340-2340A (August 1, 2002).
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11
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38049185081
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In fact, a subsequent memo from the Office of Legal Counsel revoking the 2002 memo expressly stated diat is was unnecessary to reach the issue of the president's constitutional authority. See Memorandum for the Deputy Attorney General from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel, Re: Legal Standards Applicable under 18 U.S.C. 2340-2340A December 30, 2004
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In fact, a subsequent memo from the Office of Legal Counsel revoking the 2002 memo expressly stated diat is was unnecessary to reach the issue of the president's constitutional authority. See Memorandum for the Deputy Attorney General from Daniel Levin, Acting Assistant Attorney General, Office of Legal Counsel, Re: Legal Standards Applicable under 18 U.S.C. 2340-2340A (December 30, 2004).
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