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The recent Boumediene v. Bush decision, which tossed aside the
dysfunctional military court system envisioned by the Bush
administration and upheld the right of habeas corpus for detainees,
promises to throw national security law into chaos, and will also
probably lead to the closing of Guantanamo. In this timely and
much-needed book, Glenn Sulmasy, one of America's leading experts
on national security law, opens with a much-needed history of
America's long and complicated experience with such courts since
the early days of the Republic. After tracing their evolution in
the contemporary era, Sulmasy argues for a more a sensible approach
to the global war on terror's unique set of prisoners. He proposes
a reasonable "third way" solution that avoids even more extreme
measures, on the one hand, and a complete shuttering of the court
system, on the other. Instead, he advocates creating a separate
standing judicial system, overseen by civilian judges, that allows
for habeas corpus appeals and which focuses exclusively on existing
war-on-terror cases as well as the inevitable cases to come. For
all those who want to explore the crucial legal issues behind the
headlines about Gitmo and the rights of detainees, The National
Security Court System offers a clear-headed assessment of where we
are and where we ought to be going.
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