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  • WebMemo posted February 19, 2009 by David B. Rivkin, Lee A. Casey, Charles "Cully" Stimson Common Article 3 of the Geneva Conventions and U.S. Detainee Policy

    The Geneva Conventions loom large over U.S. terrorist detainee policy-even when the conventions may not strictly, as a matter of law, apply. In addition to their legal force, the conventions carry the weight of moral authority. It is no small matter, then, to question whether U.S. detention efforts fall short of the standards of Article 3-an article that is common to all…

  • WebMemo posted February 18, 2009 by Lee A. Casey The District of Columbia: A Federal City

    The Congress shall have Power To ... exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States. The U.S. Constitution, Article I, Section 8, Clause 17 In The Federalist No. 43, James…

  • WebMemo posted March 22, 2007 by Lee A. Casey The Constitution and the District of Columbia

    The Congress shall have Power To… exercise exclusive Legislation in all Cases whatsoever, over such Dis­trict (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Con­gress, become the Seat of the Gov­ernment of the United States… (The U.S. Constitution, Article I, Section 8, Clause 17) In The Federalist No. 43, James…

  • Backgrounder posted August 18, 2006 by Lee A. Casey, David B. Rivkin International Law and the Nation-State at the U.N.: A Guide forU.S. Policymakers

    Introduction Americans have pretty much always felt entitled to make law for themselves. As Virginia royal governor Alexander Spotswood complained 60 years before the Declaration of Independence, "by their professions and actions they [the colonials] seem to allow no jurisdiction, civil or ecclesiastical, but what is estab­lished by laws of their own…

  • Backgrounder posted September 16, 2005 by David B. Rivkin, Lee A. Casey The New Iraqi Constitution

    Benjamin Franklin spoke very little during the 1787 Constitutional Convention in Philadelphia. Like a similarly silent George Washington, his major contribution was in lending his name and prestige to the effort. On the last day, however, Dr. Franklin rose and delivered what may have been the most impor­tant speech of his life. I confess that there are several…

  • Lecture posted June 22, 2005 by Lee A. Casey The EU Constitution and Europe's Democratic Deficit

    I would argue that, from the perspective of the United States, the defeat of the European Union Con­stitution in France and Holland was a very positive development. This is so not merely because that doc­ument was flawed, but because its rejection was a severe blow to the "European Project" itself. Defeat of the EU Constitution offers the United States an…

  • Legal Memorandum posted November 5, 2001 by David B. Rivkin, Lee A. Casey, Darin R Bartram Bringing Al-Qaeda to Justice

    As the United States and its coalition partners execute diplomatic, financial, and military responses to the September 11 terrorist attacks, the legal options regarding the trial of members of the al-Qaeda terrorist organization are being increasingly discussed. 1 As many as 1,000 individuals have been detained by law enforcement…

  • Executive Summary posted November 5, 2001 by David B. Rivkin, Lee A. Casey, Darin R Bartram Executive Summary: Bringing Al-Qaeda to Justice: The Constitutionality of Trying Al-Qaeda Terrorists in the Military Justice System

    The accompanying legal memorandum explores the question of whether it is constitutional to try members of the al-Qaeda terrorist network, who may have been involved in the September 11 attacks, under the U.S. military justice system rather than in federal district court. As many as 1,000 individuals have been detained by law enforcement authorities in this country…

  • Backgrounder posted June 7, 2000 by David B. Rivkin, Lee A. Casey Six Reasons Why Arms Control Advocates Are Wrong: The ABM Treaty Is Not In Force

    Although the recent summit in Moscow between President Bill Clinton and Russian President Vladimir Putin yielded little agreement on missile defense, both presidents made clear that they believe the 1972 Anti-Ballistic Missile (ABM) Treaty between the United States and the former Soviet Union remains in force. This has long been Russia's position, but it was…

  • Executive Summary posted February 5, 1999 by Lee A. Casey, David B. Rivkin Executive Summary: The International Criminal Court vs. the American People

    On July 17, 1998, in Rome, a treaty was adopted creating a permanent International Criminal Court (ICC) under the auspices of the United Nations. If 60 countries ratify this treaty, a court in the Netherlands will have the power to try and punish individuals for violations of certain international humanitarian norms. Some of these offenses are so broadly defined…

  • Backgrounder posted February 5, 1999 by Lee A. Casey, David B. Rivkin The International Criminal Court vs. the American People

    On July 17, 1998, a treaty creating a permanent International Criminal Court (ICC) to investigate, try, and punish individuals who violate certain international human rights norms1 was adopted at a United Nations-sponsored conference in Rome. The treaty was adopted over the objections of the U.S. delegation.2 The Clinton Administration rightly voted against the…

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