Bahlul

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The Difference Between the Article I and Article III Questions in Al Bahlul

Steve Vladeck Wed, Jul 20, 2016, 8:43 AM

As Jack noted earlier this morning, Lawfare's Alex Loomis has a fascinating new paper up on SSRN (for the moment, anyway) about the scope of Congress's Article I power to "define and punish . . .

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The Functional Case Against Military Commission Trials of "Domestic" Offenses

Steve Vladeck Wed, Jun 17, 2015, 7:47 AM

As I explained on Sunday, one way to understand the diffference between the majority and dissenting opinions in last Friday's D.C. Circuit decision in al Bahlul v. United States is as reflecting two different methodological approaches to the question of whether Congress can empower non-Article III military commissions to try "domestic" offenses like inchoate conspiracy.

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Military Commissions

Military Courts and Article III Functionalism: What Al Bahlul Should Have Said

Steve Vladeck Sun, Jun 14, 2015, 2:20 PM

At their simplest, both Judge Henderson's 85-page dissent from the D.C. Circuit's decision in al Bahlul v.

Read more about Military Courts and Article III Functionalism: What Al Bahlul Should Have Said

Bahlul

Military Commissions

The Difference Between the Article I and Article III Questions in Al Bahlul

Military Commissions

The Functional Case Against Military Commission Trials of "Domestic" Offenses

Military Commissions

Military Courts and Article III Functionalism: What Al Bahlul Should Have Said

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