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
Habeas Corpus
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...
Sims v. Hyatte
Seventh Circuit Grants Habeas Relief Under 28 U.S.C. § 2254(d) to Petitioner Alleging Brady Violation Due to Hidden Evidence of Witness Hypnosis.
Vol. 133 No. 2
Al-Alwi v. Trump
D.C. Circuit Holds the Government’s Authority Has Not Unraveled.
Vol. 132 No. 5
Wilson v. Sellers
Vol. 132 No. 1
In 1996, riding a wave of public opinion after the Oklahoma City bombing, Congress passed the Antiterrorism and Effective Death Penalty Act (AEDPA). Among...