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IN ITS ANNUAL SYMPOSIUM, the UNIVERSITY OF PENNSYLVANIA LAW REVIEW took up "Current Debates in the Conflict of Laws." The forum featured Penn Assistant Professor of Law Kermit Roosevelt’s presentation on "Guantanamo and the Conflict of Laws: Rasul and Beyond."
Roosevelt discussed the case and subsequent Supreme Court decision involving two Australians and twelve Kuwaitis who were captured in Afghanistan and Pakistan and jailed in Guantanamo Bay in Cuba as enemy combatants. They were confined without charges or access to counsel.
In that decision, the Court held that citizens of friendly countries could challenge their detention by filing habeas petitions. What remained unclear, Roosevelt argued, is the extent of their rights. Roosevelt analyzed the Court’s recent decisions about the extraterritorial scope of American law. He also traced the history of the Court’s jurisprudence on the issue, presented a range of scholarly positions and applied conflicts methodology to Guantanamo Bay.
In addition to the panel on which Roosevelt took part ("Application of the Constitution to Guantanamo Bay," moderated by Seth Kreimer, Kenneth W. Gemmill Professor of Law at Penn Law School ), there were panels on "Choice of Law and Jurisdiction on the Internet" and "Recognition and Enforcement of Same-Sex Marriage."
The keynote speaker was Andreas F. Lowenfeld, Herbert and Rose Rubin Professor of International Law at New York University.
Symposium papers will be published in the University of Pennsylvania Law Review in May.
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