Samantha Arrington Sliney graduated from North Carolina Central University School of Law, cum laude, in May 2013. She is currently a LL.M. Homeland and National Security Law candidate, anticipated May 2016.
The paper was first submitted for requirements in National Security Law II course in the LL.M. degree.
The article details the procedural history of U.S. v. al-Bahlul, which is a U.S. Military Commission case that is now on appeal with the U.S. Court of Appeals for the D.C. Circuit.
The issue pending decision before the court is whether Congress can authorize any and all domestic-law offenses to be tried in a military commission so long as the offenses are committed by an enemy belligerent in connection with hostilities. The Article argues that the U.S. Supreme Court is the appropriate venue to answer this question not the D.C. Circuit.
The D.C. Circuit heard oral arguments on this question on Dec. 1, 2015 and an opinion is expected in mid-2016.
The article was published by the Harvard National Security Law Journal on 22 March 2016.
The NSJ seeks to provide a unified source for timely ideas and debate in a rapidly changing landscape. NSJ seeks well-researched scholarship from academics and practitioners and encourages responses to previously published pieces.
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