Noah Feldman
Noah Feldman
Noah R. Feldmanis an American author and the Felix Frankfurter Professor of Law at Harvard Law School...
NationalityAmerican
ProfessionAuthor
CountryUnited States of America
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Prisoners, according to the law, who are non-U.S. citizens and are detained outside the U.S. - including in Guantanamo Bay - are denied 'habeas corpus.' They are also denied the right to claim the Geneva Conventions confer certain rights on them.
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The great difficulty with Guantanamo is it was perceived correctly as being a place where people were not being detained subject to rules. I don't think the world thinks that you can't detain suspected terrorists - the world thinks you can do that, but you have to do it pursuant to rules and to clear charges.
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A constitution that is a deal between the Shiites and Kurds is not a deal.
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After 9/11, most Americans were in no mood to talk with our enemies in the Middle East, whatever those enemies' ideology, and the Bush administration's policies of invasion and pre-emption reflected that sentiment.
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If they are acknowledging that the delay is costing them - that it is making things worse - that is a step in the right direction.
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Faced with the collapse of Iraq into something like Lebanon - or worse, Somalia - the Bush administration opted for a new counterinsurgency strategy. Violence was reduced because, for the first time since the U.S. invaded Iraq in 2003, Iraqis felt that there was a force capable of dominating the situation and ensuring basic order.
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The yeshiva where I studied considers itself modern Orthodox, not ultra-Orthodox. We followed a rigorous secular curriculum alongside traditional Talmud and Bible study.
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Even a lame-duck president can be affected by a clear midterm message if he wants to see his vice president elected and preserve his historical legacy.
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To hear both critics and defenders talk about the fitness of Judge Sonia Sotomayor for the Supreme Court, you'd think the most successful Supreme Court justices had been warm, collegial consensus-builders. But history tells a different story.
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The transformation of the United States from a traditional republic to a democratic nation run in large measure by a single executive took a couple of hundred years.
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The modern presidency, as expressed in the policies of the administration of George W. Bush, provides the strongest piece of evidence that we are governed by a fundamentally different Constitution from that of the framers.
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The core idea that underlies all of our democratic states, the core political idea, is this idea that it's not that one person is the sovereign; it's that all of the people are sovereign.
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Roosevelt got a chance to name an amazing nine justices of the Supreme Court. He was not namby-pamby on this question. He wanted people who shared his views, he wanted liberals, and he wanted lots of them.
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It seems strange to the rest of the world, but we Americans can't seem to stop talking about how other countries should be democratic like we are.