Date of Award

2014

Document Type

Thesis

Degree Name

Master of Laws (LLM)

Keywords

Effective control, Judicial cosmopolitanism, Cosmopolitanism, Cosmopolitan law, Enemy combatants, Boumediene, Functionalism, Sovereignty, Jurisdiction

First Advisor

Saberi, Hengameh

Abstract

This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a standstill in more recent decisions.

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