Toward a Limited-Government Theory of Extraterritorial Detention

New York University Annual Survey of American Law, Vol. 62, p. 637, 2007

33 Pages Posted: 10 Nov 2009

See all articles by Marc D. Falkoff

Marc D. Falkoff

Northern Illinois University - College of Law

Robert Knowles

University of Baltimore School of Law

Date Written: 2007

Abstract

... The United States military's detention of hundreds of men at the Naval Base at Guantanamo Bay since January 2002 has drawn intense international condemnation, focused mainly on the United States' refusal to afford the detainees minimal due process protections. ... The Insular Cases, Eisentrager, and Reid all played a role when the Court next considered whether constitutional protections extended to non-citizens outside of U.S. territory. ... In Downes, Justice White described the core constitutional protections afforded to residents of unincorporated territories as "absences" of government power, not as "fundamental rights. ... We believe that whether or not non-citizens have a constitutional "right" to be free from torture or extrajudicial detention abroad by the U.S. government, the courts may recognize that the U.S. government does not have a "right" to act in this manner. ...

Suggested Citation

Falkoff, Marc D. and Knowles, Robert, Toward a Limited-Government Theory of Extraterritorial Detention (2007). New York University Annual Survey of American Law, Vol. 62, p. 637, 2007 , Available at SSRN: https://ssrn.com/abstract=1502958

Marc D. Falkoff (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

HOME PAGE: http://www.niu.edu/law/about/directory/marc_falkoff.shtml

Robert Knowles

University of Baltimore School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

HOME PAGE: http://law.ubalt.edu/faculty/profiles/knowles.cfm

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