Date of Award

Fall 10-15-2020

Document Type

Thesis

Degree Name

Master of Arts (MA)

Department/Program

International Crime and Justice

Language

English

First Advisor

George Andreopoulos

Second Reader

Gohar Petrossian

Abstract

Guantanamo Bay, resting under United States’ jurisdiction since the early 20th century, has infamously stood as the symbol for where alleged terrorists and constitutional protections disappear. However, between the years of 2004 – 2008, the United States Supreme Court ruled on four landmark cases, gradually providing Guantanamo Bay detainees constitutional protections and access to the writ of habeas corpus – allowing detainees for the first time to challenge the legalities behind their detentions. Subsequently, judicial and executive powers have continuously contested one another, as Supreme Court rulings and documents released by the Bush Administration have intentionally aimed to minimize the regulations set forth in ones prior. The purpose of this research is to identify and explain the main factors that ultimately brought petitioners before the Supreme Court. Specifically, the Court of Appeals relying on various statutory predicate and aggressive litigation released by the Bush Administration over the years in efforts to continuously limit legal resources provided to detainees through continuous court rulings.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.