TITLE

Habeas Corpus and Extraterritorial Jurisdiction after Boumediene: Towards a Doctrine of ‘Effective Control’ in the United States

AUTHOR(S)
Jenkins, David
PUB. DATE
April 2009
SOURCE
Human Rights Law Review;Apr2009, Vol. 9 Issue 2, p306
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article examines the state of habeas corpus and extraterritorial jurisdiction after the case Boumediene v Bush in which the U.S. Supreme Court decided against aspects of the detention schemes of the administration of U.S. President George W. Bush. It presents an analysis of the Guantanamo Bay litigation in the U.S. Supreme Court. It examines the case's approach to extraterritoriality which affirms the primacy of effective control of territory or the person over jurisdiction over de jure foreign territory.
ACCESSION #
44544875

 

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