View Announcement

SASW Adjunct Professor, Horn Professor Dan Benson Co-Authored a Law Article

OCTOBER 19 2010 Daniel H. Benson [FNa1] Calvin Lewis [FNaa1] Copyright (c) 2010 University of Southern California; Daniel H. Benson; Calvin Lewis I. INTRODUCTION The Military Commissions Act [FN1] should be repealed. It was an unfortunate and unnecessary anachronism in 2006, when it was enacted as a means of allowing the United States government to try by military commissions persons detained at Guant?!namo Bay, Cuba. Although the Military Commissions Act of 2009 improved upon the prior version, those improvements are inadequate to remedy the fundamental flaws of the military commissions system that continue to disfigure our system of justice. The Military Commissions Act of 2009 serves no useful purpose at this time and should be removed, in its entirety, from the United States Code. The existing court-martial system under the Uniform Code of Military Justice (UCMJ) [FN2] is adequate to try any remaining cases against the detainees at Guant?!namo. [FN3] Using the UCMJ would better ensure justice and would also eliminate the extensive delays that arose from constitutional challenges to the military commission sys-tem in federal courts. Category(s): Faculty Achievements Alumni Achievements International Recognition National Recognition Goal(s): Academic Excellence

[ Main Menu ] Copyright 2001 Texas Tech University All Rights Reserved. Maintained by: Information Technology Division TTU Compliance with the Digital Millennium Copyright Act TTU Privacy Policy Contact: Webmaster Last modified: June 02 2011