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Full-Text Articles in Law

When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman Oct 2021

When The Conditions Are The Confinement: Eighth Amendment Habeas Claims During Covid-19, Michael L. Zuckerman

University of Cincinnati Law Review

The COVID-19 pandemic cast into harsher relief much that was already true about mass incarceration in the United States. It also cast into harsher relief much that was already true about the legal barriers confronting people seeking to make its conditions more humane. This Article offers a brief overview of the legal landscape as the COVID-19 crisis arose and then surveys eight prominent federal cases involving Eighth Amendment claims related to COVID-19 outbreaks at carceral facilities, most of which included significant litigation over whether they could secure release through habeas corpus. The Article then distills six key tensions from these …


What Lurks Below Beckles, Leah M. Litman, Shakeer Rahman Feb 2017

What Lurks Below Beckles, Leah M. Litman, Shakeer Rahman

Northwestern University Law Review

This Essay argues that if the Supreme Court grants habeas relief in Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, this Essay concludes that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the …


Prejudice And Retroactivity: Limits On Habeas Relief In Lockhart V. Fretwell, Teresa K. Lamaster Jan 1994

Prejudice And Retroactivity: Limits On Habeas Relief In Lockhart V. Fretwell, Teresa K. Lamaster

Maryland Law Review

No abstract provided.


The "Custody" Requirement For Habeas Corpus - Allen V. United States Martin V. Virginia Jan 1966

The "Custody" Requirement For Habeas Corpus - Allen V. United States Martin V. Virginia

Maryland Law Review

No abstract provided.