Ronald D. Rotunda (George Mason University - School of Law) has posted Holding Enemy Combatants in the Wake of Hamdan (Engage: The Journal of the Federalist Society's Practice Groups, Vol. 8, No. 3, pp. 52-61, June 2007) on SSRN. Here is the abstract:
The article offers, inter alia, a succinct survey of the historical and jurisprudential background for the detainee cases and military commissions cases — including a number of important factual details glossed over in most reporting on the cases (e.g., Padilla has stipulated that he was an enemy spy sent to the United States; it was Hamdan's own defense counsel who had asked to exclude him from the voir dire portion of the proceedings) — as well as legal issues that may still arise.
