Boumediene v. Bush Ruling Paves Way for Stanford Law School's International Human Rights Clinic Work on ``War on Terror'' Detentions
STANFORD, Calif.--(Business Wire)--
The International Human Rights Clinic (IHRC) at the Mills Legal
Clinic at Stanford Law School has announced that today's Supreme Court
ruling in Boumediene v. Bush paves the way for the clinic's continued
work on "war on terror" detentions in Guantanamo and other detention
facilities around the world.
The Court's decision today makes clear that the constitutional
writ of habeas corpus applies to everyone held under the jurisdiction
and control of the United States.
"I believe the work of our clinic will greatly be aided by the
Supreme Court's firm rejection of the Bush administration's argument
that the executive branch has free reign to act, without regard to the
law, when it is pursuing its law enforcement actions against alleged
terrorists," said Visiting Professor Barbara Olshansky, who directs
IHRC and was one the lawyers who has been working on the range of
Guantanamo detention cases--from Rasul v. Bush (2004) to the
Boumediene case decided today. "Justice Anthony M. Kennedy eloquently
wrote for the Court that 'The laws and Constitution are designed to
survive, and remain in force, in extraordinary times.' Today, the rule
of law is alive and well in this country and the three branches of
government are once again functioning as they should be in the world's
strongest democracy."
The International Human Rights Clinic at Stanford Law School helps
prepare students to work as human rights lawyers. IHRC students have
worked in Ghana and Namibia, and the clinic is expanding its work to
address the tension between national security measures and compliance
with international law mandates. Student work in the clinic will
entail advocacy on behalf of detainees held by, or at the request of,
the United States in prison facilities and detention camps located
around the world, including places such as Guantanamo, Afghanistan,
Iraq, Morocco, and Ethiopia.
About Barbara Olshansky
Barbara Olshansky, a leading voice in international human rights
and humanitarian law, is the Leah Kaplan Visiting Professor in Human
Rights. She joined Stanford in 2007 to teach international law and to
establish and direct the International Human Rights Clinic's
in-country clinical program in Namibia. Professor Olshansky is known
for her groundbreaking work on the 2004 Rasul v. Bush case, in which
the Supreme Court of the United States overruled a lower court ruling
and found that American courts have jurisdiction over claims brought
by Guantanamo detainees who are foreign nationals. She is also the
co-author of several books, including Against War with Iraq and
Democracy Detained: Secret, Unconstitutional Practices in the U.S. War
on Terror.
About the Mills Legal Clinic
Stanford Law School offers a variety of clinics that litigate in
specialized fields, including environmental protection, immigrants'
rights, community law, cyberlaw, educational advocacy, and
international human rights. The clinics provide pro bono
representation and operate cohesively as a single law firm, the Mills
Legal Clinic of Stanford Law School. The Mills Legal Clinic provides
students an opportunity to apply classroom theory to real client
situations and to develop a lifelong commitment to public service
values.
About Stanford Law School
Stanford Law School is one of the nation's leading institutions
for legal scholarship and education. Its alumni are among the most
influential decision makers in law, politics, business, and high
technology. Faculty members argue before the Supreme Court, testify
before Congress, and write books and articles for academic audiences,
as well as the popular press. Along with offering traditional law
school classes, the school has embraced new subjects and new ways of
teaching.
Stanford Law School
Judith Romero, 650-723-2232
judith.romero@stanford.edu
www.law.stanford.edu/news
or
For comments:
Barbara Olshansky, 650-736-2312
Leah Kaplan Visiting Professor in Human Rights, and
project lead for the International Human Rights Clinic
bolshansky@law.stanford.edu
Copyright Business Wire 2008
