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