Advancing a Free Society

The Emerging Law of Detention 2.0

Thursday, May 12, 2011

By Benjamin Wittes, Robert Chesney, and Larkin Reynolds

It is with great pleasure that we announce the second edition of the The Emerging Law of Detention: The Guantanamo Habeas Cases as Lawmaking. As many readers will remember, the first edition of this paper came out early last year and described the astonishing diversity of practice and law in the district court handling of Guantanamo habeas cases. The paper received a great deal of attention, positive and negative, but it was also quickly outdated by the D.C. Circuit’s rapid-fire intervention in the cases, which has across a range of areas reoriented the lower court.

The idea in this edition was both to bring the paper up to date and to do it in a fashion that would resist being rendered obsolete in the future. Hence the new version, which we are calling The Emerging Law of Detention 2.0.

The new version is specifically crafted as a living document, one that will be constantly updated as new opinions emerge.

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