 | W. Frederick Zimmerman - History - 2004 - 354 pages
...two critical ways, leading to the conclusion that a federal court may entertain the petitions. First, Guantanamo Bay is in every practical respect a United...that Cuba retains "ultimate sovereignty" over it. I.oaso of Lands for Coaling and Naval Stations, Feb. 23, 1903, US-Culm. Art- IH, TS No. 418. At the... | |
 | Mark K. Moller - Law - 2004 - 536 pages
...two critical ways, leading to the conclusion that a federal court may entertain the petitions. First, Guantanamo Bay is in every practical respect a United...it is one far removed from any hostilities .... The second critical set of facts is that the detainees at Guantanamo Bay are being held indefinitely, and... | |
 | Jörg Menzel, Jeannine Hoffmann, Tobias Pierlings - Law - 2005 - 934 pages
...October Term 2003 sind abrufbar unter www.supremecourtus.gov/opinions/03slipopinions.html. 182 Art. III, Lease of Lands for Coaling and Naval Stations, Feb. 23, 1903, US-Cuba, TS No. 418. 183 Art. III, Treaty Defining Relations with Cuba, May 29, 1934, US-Cuba, 48 Stat. 1683,... | |
 | H. L. Pohlman - Law - 2008 - 336 pages
...two critical ways, leading to the conclusion that a federal court may entertain the petitions. First, Guantanamo Bay is in every practical respect a United...that Cuba retains "ultimate sovereignty" over it. At the same time, this lease is no ordinary lease. Its term is indefinite and at the discretion of... | |
 | United States. Congress. Senate. Committee on the Judiciary - History - 2006 - 154 pages
...the United States. Rasul, 542 US at 480. See also id. at 487 (Kennedy, J., concurring in judgment) ("Guantanamo Bay is in every practical respect a United...and it is one far removed from any hostilities."). Thus, where there has been no suspension of the Great Writ, those individuals have a right to bring... | |
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The facts here are distinguishable from those in Eisentrager in two critical ways, leading to the conclusion that a federal court may entertain the petitions. First, Guantanamo Bay is in every practical respect a United States territory, and it is one... 