Terrorism, the Laws of War, and the Constitution: Debating the Enemy Combatant Cases

  Editor: Peter Berkowitz

  Hoover Press , 2005

  The modern laws of war that emerged in the seventeenth and eighteenth centuries were developed with a particular concept of war in mind-one that does not apply to the conflict with our current adversaries. With the September 11 attacks the United States found itself engaged in a new kind of war, with new dilemmas that needed new rules.

Terrorism, the Laws of War, and the Constitution examines three significant enemy combatant cases-Padilla, Hamdi, and Rasul-that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror.

Peter Berkowitz teaches at George Mason University School of Law and is a fellow at the Hoover Institution.

Contributors: Mark Tushnet, Patricia M. Wald, Seth P. Waxman, Ruth Wedgwood, Benjamin Wittes, John Yoo.

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