We will have two informal exercises:

1) A debate as to whether the Supreme Court "did the right thing" in Bush v Gore

2) A simulated meeting of staff lawyers working for the Senate Judiciary Committee about whether Congress should pass legislation about the government detention of American citizens, arrested in the United States as "enemy combatants" (the situation in the Padilla case), and what such legislation should say. Reprinted below are the six questions that are being appealed right now in the Padilla case. Think of questions 3-6 as issues that Congress might address in legislation.

1. Is the Secretary of Defense, Donald Rumsfeld, a proper respondent in this case?
2. Does this court have personal jurisdiction over Secretary Rumsfeld?
3. Does the President have the authority to designate as an enemy combatant an American citizen captured within the United States, and, through the Secretary of Defense, to detain him for the duration of armed conflict with al Qaeda?
4. What burden must the government meet to detain petitioner as an enemy combatant?
5. Does petitioner have the right to present facts in support of his habeas corpus petition?
6. Was it a proper exercise of this court's discretion and its authority under the All Writs Act to direct that petitioner be afforded access to counsel for the purpose of presenting facts in support of his petition?

You are also encouraged to start browsing through the various web sites about India that are linked to the Resources page of the course web site, both to become familiar with these resources and to start thinking about paper topics. Note that your tentative paper topic is due to me by Friday, August 29. (The Resources links are not operable as of August 14 but should be active by August 16.)