The New Negative Habeas Equity
Vol. 137 No. 8
Abstract A federal statute restricts the habeas corpus remedy, but do federal judges also have equitable discretion to deny relief to unlawfully detained prisoners?...
Habeas Corpus
Eldridge v. Howard
Ninth Circuit Holds that D.C. Superior Court is Not a "State Court" for Purposes of 28 U.S.C. § 2253.
Vol. 137 No. 6
Jones v. Hendrix
Vol. 137 No. 1
Given the complexity of habeas corpus law, one can understand why “fairminded jurists” have disagreed over the circumstances under which a person in government...
Nonhuman Rights Project, Inc., ex rel. Happy v. Breheny
New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant.
Vol. 136 No. 4
Shinn v. Ramirez
Vol. 136 No. 1
Ten years ago, the Supreme Court held in Martinez v. Ryan that ineffective assistance of postconviction counsel, in an initial-review proceeding, may establish cause...
Policing Mass Incarceration
Vol. 135 No. 7
In Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, Dean Erwin Chemerinsky issues an indictment of the Supreme Court,...
A Textual Argument for Challenging Conditions of Confinement Under Habeas
Vol. 135 No. 5
As the COVID-19 pandemic has spread through prisons, jails, and other detention facilities in the United States, it has brought new attention to a...
Edwards v. Vannoy
Vol. 135 No. 1
A fundamental principle of the rule of law (and indeed, rationality) holds that like cases should be decided alike. The law of retro-activity —...
Department of Homeland Security v. Thuraissigiam
Vol. 134 No. 1
The privilege of the writ of habeas corpus, enshrined in the Constitution through the Suspension Clause, enables individuals to invoke judicial review to challenge...
Coronavirus, Civil Liberties, and the Courts: The Case Against “Suspending” Judicial Review
Vol. 133 No. 9
Introduction For obvious reasons, local and state orders designed to help “flatten the curve” of novel coronavirus infections (and conserve health care capacity to...