Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Detaining Successful Habeas Corpus Petitioners Due To Dangerousness: Hilton V. Braunskill, Ronald P. Adams
Detaining Successful Habeas Corpus Petitioners Due To Dangerousness: Hilton V. Braunskill, Ronald P. Adams
Northern Illinois University Law Review
This Note examines the viability of allowing federal courts to consider the state's interest in public safety as a means of continuing the incarceration of a successful habeas corpus petitioner pending appeal. An analysis of Hilton v. Braunskill shows that the guidelines adopted by the Supreme Court to determine when continued incarceration is permissible fail to adequately balance competing state individual interests thereby denying liberty to persons whose state conviction has been rendered void.
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Misadventures Of State Postconviction Remedies, Larry Yackle
The Misadventures Of State Postconviction Remedies, Larry Yackle
Faculty Scholarship
In a colloquium concentrating on the lower federal courts' jurisdiction to determine federal claims, it falls to me to treat state court opportunities to adjudicate the same issues in advance of, as an aid to, or in place of federal litigation. To do that, I will have to recount some conventional wisdom regarding the development of federal habeas corpus and state postconviction remedies in tandem during the last half century. In due course, I hope to solicit support for an unconventional conclusion to be drawn from that experience.