Does Congress’s "Authorization for use of Military Force" authorize the President to detain a United States citizen based on a determination that he is an enemy combatant, or is that power precluded by the Non-Detention Act?
ktevis1990 / Kyle
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Huffduffed (603)
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Hamdi v. Rumsfeld
Did the government violate Hamdi’s Fifth Amendment right to Due Process by holding him indefinitely, without access to an attorney, based solely on an Executive Branch declaration that he was an "enemy combatant" who fought against the United States? Does the separation of powers doctrine require federal courts to defer to Executive Branch determinations that an American citizen is an "enemy combatant"?
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Cheney v. United States District Court for the District of Columbia
Does the Federal Advisory Committee Act authorize judicial review of executive branch deliberations through a broad discovery process that allows a private organization to review internal documents of high-level advisors to the President? If such review is authorized by FACA, does it violate the Constitutional doctrine of separation of powers?
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F. Hoffman-LaRoche, Ltd. v. Empagran S.A.
Under the Foreign Trade Antitrust Improvements Act of 1982, do Sherman Act claims apply to the effects of foreign price-fixing schemes if those schemes do not have domestic effects?
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Pliler v. Ford
Is a judge required to warn a habeas corpus petitioner who is representing himself that his claims may be barred by a statute of limitations if he chooses to drop the claims and re-file them at a later date?
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United States v. Dominguez Benitez
In order to show that a judge’s mistake is a reversible "plain error" under Federal Rule of Criminal Procedure 52, must a defendant show that it is reasonably likely he would not have pled guilty without the mistake?
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Department of Transportation v. Public Citizen
Should the Federal Motor Carrier Safety Administration, knowing that its passage of certain regulations would cause Congress and the President to lift a ban on Mexican motor carriers, have considered the environmental impact of the motor carriers when determining whether to perform an Environmental Impact Study of its regulations?
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Rasul v. Bush
Do United States courts have jurisdiction to consider legal appeals filed on behalf of foreign citizens held by the United States military in Guantanamo Bay Naval Base, Cuba?
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Intel Corporation v. Advanced Micro Devices, Inc.
Does Section 1782 of Title 28 of U.S. Code authorize a federal district court to compel the release of material for use in a "foreign tribunal" when the foreign tribunal itself is unwilling to demand production of the material? Does Section 1782 authorize a federal district court to compel the release of material for a fact-finding investigation by the directorate general of the European Commission on the theory that the information may eventually lead to an investigation by a foreign tribunal?
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Schriro v. Summerlin
Was the change announced by the Supreme Court in Ring v. Arizona substantive in nature and therefore retroactively applicable?
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