344 F. Supp. 2d 152 - Hamdan v. Rumsfeld’s Empirical Analysis
2004
Citation profile
1 federal appellate · 6 district ·
Relationships
Applies 10 U.S.C. § 802 · 10 U.S.C. § 810 · 10 U.S.C. § 821 · 10 U.S.C. § 836 · 10 U.S.C. § 839 · 18 U.S.C. § 2441 (War Crimes Act of 1996) · 18 U.S.C. § 3509 · 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Barker v. Wingo · Crawford v. Washington · Youngstown Sheet & Tube Co. v. Sawyer · Maryland v. Craig · United States v. MacDonald
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because the Geneva Conventions were written to protect individuals, because the Executive Branch of our government has implemented the Geneva Conventions for fifty years without questioning the absence of implementing legislation, because Congress clearly understood that the Conventions did not require implementing legislation except in a few specific areas, and because nothing in the Third Geneva Convention itself manifests the contracting parties’ intention that it not become effective as domestic law without the enactment of implementing legislation, I conclude that, insofar as it is pertinent here, the Third Geneva Convention is a self-executing treaty.”
1 later decision quote this exact passage · from the concurrence“Pretrial, trial, and post-trial procedures, including modes of proof, for cases arising under this chapter triable in courts-martial, military commissions and other military tribunals ... may be prescribed by the President by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the United States district courts, but which may not be contrary to or inconsistent with this chapter.”
1 later decision quote this exact passage · from the concurrencee.g. Hamdan v. Rumsfeld““When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in cases in which a military judge has been detailed to the court, the military judge.””
1 later decision quote this exact passage · from the concurrencee.g. Hamdan v. Rumsfeld
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.