Yesterday, a federal appellate court finally issued its ruling in the Al-Marri case. This ruling highlights the most important constitutional issues that have arisen since 9-11, namely, the power of the executive vis-a-vis Americans here at home. True, Al-Marri is a citizen of Qatar, but Bush’s lawyers have been clear that what they’ve done to Al-Marri (incommunicado imprisonment in a military brig) can be done to any American suspected of terrorism. As a practical matter, it means Americans can be arrested without warrants and jailed without trials. The Padilla case was never really resolved by the courts, the momentous legal issues involved were left hanging out there once he was transferred into a civilian court to face criminal charges. To clear up the uncertainty, let’s hope the Supreme Court will hear this matter next term.
Featuring Holly Bell, Associate Professor (Business), University of Alaska Anchorage; and Hester Peirce, Senior Research Fellow, Mercatus Center; moderated by Louise C. Bennetts, Associate Director, Financial Regulation Studies, Cato Institute.
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In this issue of Regulation, Jonathan H. Adler and Nathaniel Stewart make the case for property-based fishery management, utilizing territorial or catch-share allocation among fishery participants. Also in this issue, Michael L. Wachter explores the relationship between the much-maligned National Labor Relations Act and the decline in union membership.
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