University of New Hampshire

School of Law

School of Law

UNH Law Review

Issue: Volume 9, Number 2

May 2011

  • Foreword

  • Guantanamo And Beyond: Reflections On The Past, Present, And Future Of Preventive Detention

  • Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change

    This article examines the Obama Administration’s failure to execute its plans to close Guantanamo Bay after three Executive Orders were signed promising to: (1) suspended Military Commissions; (2) set a timetable and created procedures to shut down the Guantanamo Bay; (3) revoke all existing executive orders that were inconsistent with U.S. Geneva Convention; and (4) create task forces to review U.S. detention policy options and U.S. interrogation techniques. This article analyzes the lessons to be learned from President Obama’s early misstep.
  • Military Commissions Revived: Persisting Problems Of Perception

    This article examines some of the key shortcomings of the military commissions system and addresses how these shortcomings will adversely affect future cases. The author focuses her analysis on three particular areas of concern: the lack of established judicial precedent, the opaqueness of the proceedings and rulemaking process, and the absence of a principled distinction between the cases sent to military commissions and those tried in regular federal courts. The author concludes by warning policymakers of the further erosion of the United States’ credibility, specifically its adherence to the rule of law.
  • Procedural Justice Post 9-11: The Effects Of Procedurally Unfair Treatment Of Detainees On Perceptions Of Global Legitimacy

    The Global War on Terror represents an ideological struggle between the principles of freedom and democracy on the one hand and tyranny and extremism on the other hand. Without a traditional nation that can be defeated, this battle can only be won through legitimizing the rule of law and undermining the use of terror as a means of political influence. In combating a non-state actor such as al Qaeda, the U.S. must carefully balance the goal of preventing terrorist attacks with the liberty interests of detainees captured in the process. Historical evidence suggests that in periods of crisis, it is easy for nations to engage in excess that undermines individual rights in favor of national security. However, a large body of social science research indicates that when individuals are not treated in procedurally fair ways, the perceived legitimacy of the actor is undermined. Thus, a nation that enacts a detention regime which vigorously strips away procedural safeguards in the interest
  • NOTE: Territorial Sovereignty And The Evolving Boumediene? Factors: Al Maqaleh V. Gatesand The Future Of Detainee Habeas Corpus Rights