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Thursday October 28th, 2010

The Post-9/11 Evolution of Detention Law and Policy

This Program Has Been Archived

Robert M. Chesney, Charles I. Francis Professor in Law University of Texas School of Law

Thursday October 28, 2010, 4:30-5:30 p.m.

Ben C. Green Lecture presented by the Institute for Global Security Law and Policy and sponsored by the Case Western Reserve University School of Law

Nine years removed from the 9/11 attacks, we remain bogged down in debate regarding the proper role, if any, for military detention in relation to terrorism. Some are calling for legislation to define more specifically who may be detained. Others object that this question should be left to the judiciary to resolve in the Guantanamo habeas cases, and that legislation might actually worsen the situation. Professor Chesney discusses who has the better argument, and whether any of this matters beyond Guantanamo.

Additional Information About Our Guest

Robert Chesney teaches courses relating to U.S. national security as well as constitutional law. A Non-Resident Senior Fellow of the Brookings Institution, Professor Chesney recently served in the Justice Department as an advisor to the Detention Policy Task Force created pursuant to Executive Order 13493, and writes frequently on topics relating to domestic and international laws relating to the capture, detention, trial, and disposition of persons in the context of combat and counterterrorism operations. He is a member of the Advisory Committee of the American Bar Association’s Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board (an advisory body serving the Director of National Intelligence), a non-resident senior fellow of the Brookings Institute, a term member of the Council on Foreign Relations, and a member of the American Law Institute. His forthcoming scholarship includes a book examining the evolution of military detention practices in Iraq between 2003 and the present and another exploring the evolving role of the judiciary in national security affairs (both under contract with Oxford University Press). His earlier scholarship addresses an array of topics including the state secrets privilege, laws relating to the transfer of detainees out of Guantanamo, criminal laws relating to terrorism, and the history of constitutional protections for freedom of association in the national security context. Professor Chesney also operates a listserv for practitioners, scholars, journalists, and students interesting in national security law issues.