Search for: "SCHOLARS OF HABEAS CORPUS LAW" Results 121 - 140 of 206
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11 Sep 2019, 6:30 am by Guest Blogger
Fallon, Jr., The Supreme Court, Habeas Corpus, and the War on Terror: An Essay on Law and Political Science, 110 Colum. [read post]
13 Jul 2018, 7:05 am by Ilya Somin
The major exception is the power to suspend the writ of habeas corpus, which has not been invoked in any of our current conflicts. [read post]
5 Oct 2011, 4:53 pm by John Elwood
With respect to habeas corpus, two cases involve Michigan v. [read post]
16 Aug 2010, 7:58 pm by cdw
” In a decision especially for federal habeas corpus types, the Eighth Circuit in Timothy Howard v. [read post]
18 Sep 2020, 2:23 pm by Nathan Dorn
Resources at the Library of Congress related to the Amistad case include: Trial of the prisoners of the Amistad on the writ of habeas corpus, before the Circuit Court of the United States, for the district of Connecticut, at Hartford, Judges Thompson and Judson, September term, 1839. [read post]
1 Mar 2010, 5:24 am by Randy Barnett
I should mention that Philip and I have been friends for many years, and I have always considered him to be both a gentleman and a scholar. [read post]
30 Oct 2018, 9:01 pm by Michael C. Dorf
Gore and her conservatism on such issues as states’ rights and habeas corpus meant that she was no liberal hero. [read post]
28 Jul 2008, 10:08 am
The International Covenant on Civil and Political Rights (ICCPR), to which the U.S. is a party, does not categorically prohibit administrative detention, but does prohibit arbitrary detention and provides for a mechanism, akin to habeas corpus, to remedy it.Anytime one mentions the ICCPR in connection with U.S. terrorism detention policy, it is first necessary to dismiss two patently incorrect U.S. positions. [read post]
5 Sep 2012, 11:56 am by Rick Hasen
Rumsfeld on the habeas corpus rights of enemy combatants, and the Lilly Ledbetter Fair Pay Act of 2009, in which Democrats overturned the Court’s statutory interpretation decision in Ledbetter v. [read post]
26 May 2021, 12:23 pm by Matt Gluck
Court of Appeals for the District of Columbia, which concerns the claim of habeas corpus relief made by Guantanamo Bay detainee Abdulsalam Ali Abdulrahman Al-Hela. [read post]
18 Jun 2012, 2:58 pm by Addie Rolnick
But it did not authorize federal review of tribal court matters (besides habeas corpus) and it did not waive tribes’ sovereign immunity from suit. [read post]
8 May 2014, 9:25 am
It is important to note, however, that enumerated constitutional rights include the Comity Clause as well as rights listed in the first eight amendments (and others as well, including the right of habeas corpus). [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
It cannot be sustained by any reasonable reading of the text of the Constitution, the original understanding of the Constitution, or subsequent interpretations of the Constitution by courts or constitutional scholars. [read post]
21 Feb 2015, 12:01 am by rhapsodyinbooks
Court of Appeals for the Fourth Circuit had held that Hamdi was entitled to bring a habeas corpus action, but that, because he was captured on the battlefield, the federal courts should give complete deference to the government’s decision to hold him incommunicado in military custody. [read post]
18 Feb 2019, 6:00 am by Will Baude
To show as much, this article discusses a series of clarity doctrines and illuminates several underappreciated avenues for reform, particularly as to federal habeas corpus, Chevron, qualified immunity, constitutional avoidance, and the rule of lenity. [read post]
6 May 2016, 10:15 am by Mark Tushnet
(Judge Reinhardt’s essay on habeas corpus, in the Michigan Law Review, is an exemplary discussion of how liberals can exploit ambiguities and loopholes.)4      Related: Remember that doctrine is a way to empower our allies and weaken theirs. [read post]
28 Nov 2022, 4:45 pm by Samuel Bray
Discussing the common-law or non-statutory remedies, Jaffe listed "certiorari, mandamus, prohibition, habeas corpus, quo warranto (the so-called prerogative writs) damage suits, the bill in equity, and defense to enforcement proceedings," and added the declaratory judgment, created by modern statutes. [read post]
22 Jan 2010, 3:27 pm by Lyle Denniston
One of the most energetic proponents of that approach is a Brookings Institution scholar, Benjamin Wittes. [read post]
21 Jul 2015, 3:09 pm by Mark Graber
  No late eighteenth century constitutional thinker would be surprised that a future Handbook of the United States Constitution included essays on liberty, property, religion, free expression and free press, criminal procedure, habeas corpus, and the right to bear arms. [read post]