Kyndra K. Rotunda (Chapman University – School of Law) has posted A Comparative Historical Analysis of War Time Procedural Protections and Presidential Powers: From the Civil War to the War on Terror (Chapman Law Review, Vol. 12, No. 449, 2009) on SSRN. Here is the abstract:
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This article analyzes and compares procedural rules governing military trials from the American Revolution to the War on Terror. It discusses and analyzes Presidential power during war time, particularly in light of recent Supreme Court cases concerning detainees held in Guantanamo Bay.