Volume 53, No. 4, 2005



Panel 1: The Supreme Court’s Enemy Combatant Cases

Where Hamdi Meets Moussaoui in the War on Terror
Frank Dunham
Federal Defender for the Eastern District of Virginia

Observing the Separation of Powers: The President’s War Power Necessarily Remains
“The Power to Wage War Successfully”

Douglas A. Kmiec
Professor of Constitutional Law and Caruso Family Chair in Constitutional Law
Pepperdine University School of Law

Guantánamo, Rasul, and the Twilight of Law
Mark A. Drumbl
Associate Professor of Law and Ethan Allen Faculty Fellow
Washington and Lee University School of Law

Panel 2: Constitutionalism in Afghanistan, Iraq, and Other Emerging Nations

“We Forgot About the Ditches”: Russian Constitutional Impatience and the Challenge of Terrorism
Kim Lane Scheppele
John J. O’Brien Professor of Comparative Law and Sociology
University of Pennsylvania Law School

Constitutionalism, Authoritarianism, and Imperialism in Iraq
Nathan J. Brown
Professor of Political Science and International Affairs
Director of Middle Eastern Studies Program
George Washington University

Constitutional Developments in Afghanistan: A Comparative and Historical Perspective
Said A. Arjomand
Distinguished Service Professor of Sociology
State University of New York at Stony Brook


Stigma Damages in Construction Defect Litigation: Feared by Defendants,
Championed by Plaintiffs, Awarded by (Almost) No Courts—What Gives?

Erik S. Fisk

Will the Tower Topple? The Future of Morality as a Legitimate State Interest Argument
in Homosexual Legal Issues

Kathryn V. Lindley

Prosecution History Estoppel After Festo: Can an Equivalent Ever Break Through the File Wrapper?
Kurt R. Van Thomme