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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
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
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
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
The "Custody" Requirement For Habeas Corpus - Allen V. United States Martin V. Virginia
Maryland Law Review
No abstract provided.