Fallon & Meltzer on the Detainee Cases

I wanted to highlight this article by Richard Fallon and Daniel Meltzer, which systematically goes through all of the issues related to habeas corpus, due process, and the detainee cases. It is a marvelous article: clear, brief (considering the issues), and thorough. Further, while the authors have definite opinions about the correct outcomes of various issues, they acknowledge that the issues are difficult and that reasonable minds can differ. This is a welcome change from some scholarship (on this topic in particular) that assumes those who disagree are fools or knaves. If you read only one article about the detainees, read this one.

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1 Response

  1. Alex says:

    Why would Harvard Law Review publish what amounts to little more than a summary of cases? This is scholarship? Could “nobodys” from a “no-name” law school have ever published such an article in the Harvard Law Review? The answer – No. Indeed, isn’t this sort of “doctrinal” work beneath those that grace harvard’s faculty (e.g., Einer R. Elhauge).