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 —...
Habeas Corpus
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...
Buck v. Davis
Vol. 131 No. 1
Issues of race often expose deep ideological divisions within the Roberts Court. Justice Ginsburg was biting in her proclamation that “[h]ubris is a fit...
In re Al-Nashiri
D.C. Circuit Abstains from Adjudicating Habeas Petition of Guantanamo Detainee Tried by Military Commission.
Vol. 130 No. 4
Montgomery v. Louisiana
Vol. 130 No. 1
Suspended Justice: The Case Against 28 U.S.C. § 2255’s Statute of Limitations
Vol. 129 No. 4