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The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
The Modern Misunderstanding Of Original Intent, H. Jefferson Powell
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No abstract provided.
Thinking About Habeas Corpus, Erwin Chemerinsky
Thinking About Habeas Corpus, Erwin Chemerinsky
Faculty Scholarship
Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …