Human Rights attorney Scott Horton debated Hoover Institution Senior Fellow Peter Berkowitz on human rights and the rules of warfare in a debate organized by the Pomona Student Union on Mar. 4 at 7 p.m. in Edmunds Ballroom. . . .
Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.
Did the Boumediene decision represent a victory for separation of powers? Hardly, despite what the Supreme Court majority claimed. Instead, it was judicial overreach. By Peter Berkowitz.
France may have a case for banning the burqa. By Peter Berkowitz.
With a new law on military commissions, Congress sent the Supreme Court a message, loud and clear: Get out of the war on terror. By John Yoo.
How “international law” invites a Spanish judge to pursue U.S. officials. By David Davenport.
Peter Berkowitz on A New World Order by Anne-Marie Slaughter and The Limits of International Law by Jack L. Goldsmith and Eric A. Posner and Law without Nations? Why Constitutional Government Requires Sovereign States by Jeremy A. Rabkin