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A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler Oct 2016

A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler

Notre Dame Law Review

In my own scholarship, Fallon and Meltzer’s work on habeas models prompted me to dig deeper into the historical backdrop that informed ratification of the Suspension Clause and think harder about the relevance of that history for questions of constitutional interpretation. This, in turn, has spurred work that has occupied me for many years since. In the spirit of engaging with my federal courts professor one more time, this Article tells the story of the statutory origins of the habeas privilege—what Blackstone called a “second magna carta”—and argues that any explication of the constitutional privilege and discussion of how …


Liberty, Judicial Review, And The Rule Of Law At Guantanamo: A Battle Half Won, Doug Cassell Jan 2008

Liberty, Judicial Review, And The Rule Of Law At Guantanamo: A Battle Half Won, Doug Cassell

Journal Articles

In Boumediene v. Bush, 128 S. Ct. 2229 (2008), five members of the Supreme Court held that foreign prisoners at Guantanamo enjoy the constitutional privilege of habeas corpus; that their imprisonment had lasted too long for the Court to await completion of statutory review by lower courts of military tribunal findings that the prisoners were "enemy combatants"; and that the statutory judicial review was too deficient to substitute for the Great Writ.

Four Justices vigorously dissented. On the surface they differed on the history of the reach of the common law writ of habeas corpus, and on the procedural …


The Originalist's Dilemma: Katz And The New Approach To The State Sovereign Immunity Defense, Anthony J. Enright May 2006

The Originalist's Dilemma: Katz And The New Approach To The State Sovereign Immunity Defense, Anthony J. Enright

Notre Dame Law Review

No abstract provided.


An Essay On The Spirit Of Liberty In The Fog Of War, Patrick Baude Jul 2004

An Essay On The Spirit Of Liberty In The Fog Of War, Patrick Baude

Notre Dame Law Review

No abstract provided.


Remarks Of Chief Justice William H. Rehnquist - Notre Dame Law School - September 13, 2002, William H. Rehnquist Dec 2002

Remarks Of Chief Justice William H. Rehnquist - Notre Dame Law School - September 13, 2002, William H. Rehnquist

Notre Dame Law Review

No abstract provided.


Historical Origins Of Broad Federal Habeas Review Reconsidered, Clarke D. Forsythe Jun 1999

Historical Origins Of Broad Federal Habeas Review Reconsidered, Clarke D. Forsythe

Notre Dame Law Review

No abstract provided.


Comparison Of Section 1983 And Federal Habeas Corpus In State Prisoners' Litigation, Maureen A. Dowd Jan 1984

Comparison Of Section 1983 And Federal Habeas Corpus In State Prisoners' Litigation, Maureen A. Dowd

Notre Dame Law Review

No abstract provided.


Beyond Wainwright V. Sykes: Expanding The Role Of The Cause-And-Prejudice Test In Federal Habeas Corpus Actions, Marian J. Kent Jan 1984

Beyond Wainwright V. Sykes: Expanding The Role Of The Cause-And-Prejudice Test In Federal Habeas Corpus Actions, Marian J. Kent

Notre Dame Law Review

No abstract provided.