Document Type

Working Paper

Publication Date

5-17-2014

SSRN Discipline

Legal Scholarship Network; Criminal Law & Procedure eJournals; Social Insurance Research Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; AARN Subject Matter eJournals; Cognitive Science Network; Humanities Network; Anthropology & Archaeology Research Network

Abstract

America is presently fighting a war on terror and war on sex offenders In each the government openly detains hundreds of individuals not for what they have done but for what they might do Some warn that this greatest restriction on liberty may expand to other types of people This Article examines the risk of such expansion by putting our current wars in historical perspective The two main conclusions are 1 some categories of people detained in prior periods are not being detained today and 2 the risk of expansion is real but lower than previously suggested

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