Boumediene

[Miguel Schor]

  I had always thought that enhancing legal
  accountability reduces the possibility that
  officials will engage in human rights violations . .
  . Miguel

  "Are you really suggesting, Earl, that federal
  officials should
  >>surreptitiously and cavalierly ("oh, well") render
  detainees (i) to
  >>third parties who are known to engage in cruel
  treatment (the Mugabe
  >>equivalents); (ii) for the very purpose of
  ensuring that there is no
  >>way for the courts and the public to insist that
  the Executive is
  >>acting lawfully; and (iii) to do so with as little
  transparency as
  >>possible? And that if you were "in charge," that's
  what you would do?
  >
  >
  >I frankly have no idea what I would do if I were in
  charge. I am
  >merely pointing out the incentives for government
  officials created
  >by the decision. Do I believe that officials might
  respond to those
  >incentives in the way that I suggest? Absolutely."

Miguel Schor
Associate Professor of Law
Suffolk University Law School
120 Tremont St.
Boston, MA 02108
617-305-6244
SSRN Webpage http://ssrn.com/author=469730


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