Search for: "SCHOLARS OF HABEAS CORPUS LAW"
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23 Feb 2012, 5:00 pm
Interestingly, these cases involved four areas of primary rights—contract, property and inheritance, habeas corpus, and the right to carry on a trade—that had always been treated as judicially enforceable under the common law. [read post]
29 Mar 2022, 8:57 am
Accordingly, recognizing the need for lawfinding may help clarify a variety of (sometimes-surprising) doctrinal areas—from admiralty, to habeas corpus, to nondelegation, and more. [read post]
8 Sep 2015, 1:58 pm
It includes an examination of the following aspects of Magna Carta; historical background, importance to constitutionalism and the rule of law, impact on the United States Constitution, executive power, role as a foundation for women’s rights and individual rights (such as habeas corpus), relevance to international law, and much more. [read post]
6 Jan 2018, 6:15 am
Matthew Kahn posted the ACLU’s brief saying that the U.S. citizen currently detained by the Defense Department as an enemy combatant wants ACLU representation in his ongoing habeas corpus action. [read post]
31 Jan 2024, 12:32 pm
Whatever the right policy response to these challenges (I think it's to make legal migration easier and to end the War on Drugs), their existence doesn't authorize a state to wage war, or the federal government to suspend the writ of habeas corpus. [read post]
10 May 2016, 7:51 pm
(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]
15 Apr 2020, 1:16 pm
In an insightful recent post at the Harvard Law Review blog, legal scholars Lindsay Wiley and Steve Vladeck make a strong case for the former approach: Not surprisingly, local and state government orders aimed at mitigating the spread of novel coronavirus have already provoked a series of objections grounded in civil liberties. [read post]
28 Dec 2022, 12:10 pm
For example, in federal habeas corpus, Congress has mandated more deference by restricting appellate factual review, while in some other areas of administrative adjudication (including immigration) it has required less factual deference (i.e., more review) than the constitutional floor would require. [read post]
28 Jan 2011, 1:04 pm
Google Scholar: most cited capital punishment cases - CWRU Law patrons may use Shepard's on Lexis and KeyCite on Westlaw to find additional research resources. [read post]
7 Mar 2016, 9:01 pm
”This decision has also explicitly overruled the Court’s 2009 decision in Habeas Corpus nº 84078 (In re Vitor). [read post]
2 Sep 2010, 7:08 pm
In his capacity as public prosecutor (public prosecutors are essentially government lawyers whose job is to sue the government to enforce the rights of the public), Professor Heron filed a ground-breaking habeas corpus action on behalf of a chimpanzee in Brazil. [read post]
8 Apr 2024, 11:45 am
• “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. [read post]
16 Jul 2007, 6:24 am
It's time to reconsider the harshness of the habeas restrictions in AEDPA and its one-year limitation period for filing a state prisoner’s federal habeas corpus petition. [read post]
19 Oct 2016, 6:52 am
The chapter focuses on four presidential decisions to act without specific legislative authorization: the decisions to treat the Confederacy as subject to war powers, to blockade Southern ports, to suspend habeas corpus, and to emancipate slaves under the war power. [read post]
16 Dec 2017, 4:55 am
Amanda Tyler wrestled with the habeas corpus issues coming to the fore in the case. [read post]
13 Nov 2011, 12:53 am
Bush found a constitutional right to habeas corpus for non-citizens detained as enemy combatants at the Guantanamo Bay naval base in Cuba, while Munaf v. [read post]
2 Dec 2011, 2:00 pm
§ 2254, a federal court may grant habeas corpus relief on a claim alleging suppression of exculpatory evidence when that evidence was unknown to law enforcement officials working on the case and without considering whether the state court might have rejected this claim. [read post]
8 Mar 2011, 7:21 am
Finally, Brandon Garrett, in a guest post at ACSblog, discusses the relationship between federal habeas corpus law and efforts to gain access to DNA evidence. [read post]
9 Sep 2016, 7:20 am
But meanwhile, on topics like the death penalty and Miranda rights, and remedial questions such as the exclusionary rule or habeas corpus, Justice Scalia struck what many would call a decidedly “conservative,” or at least not defendant-friendly, tone. [read post]
1 Jan 2022, 12:23 pm
Noia (1963), but subsequent Courts have cut back on the use of habeas corpus through dozens of decisions creating a complex set of rules limiting these challenges. [read post]
