habeas

The reasoning from the bar, in relation to it, may be answered by the single observation, that for the meaning of the term habeas corpus, resort may unquestionably be had to the common law; but the power to award the writ by any of the courts of the United States, must be given by written law.

The Volokh Conspiracy » Does the Constitution Require Congress to Pass Particular Statutes “By Negative Implication”?: 2007

But there's one part that I vigorously disagree with, and that is taking away the jurisdiction of the federal courts on what we call habeas corpus, which is the great writ that goes all the way back to 1215.

CNN Transcript Sep 24, 2006 2006

When asked to define the term habeas corpus, the capital’s best were stumped.

Cheatsheet: Habeas Corpus 2007

Arguing that Quirin or Eisentrager stand for the proposition that enemy have a right to habeas is flat wrong.

The Volokh Conspiracy » Lawyers, Treason, and Deception: A Response to Andrew McCarthy 2010

Arguing that Quirin or Eisentrager stand for the proposition that enemy have a right to habeas is flatwrong.

The Volokh Conspiracy » Lawyers, Treason, and Deception: A Response to Andrew McCarthy 2010

The fights are fought over the death penalty mitigation Strickland these days, especially in habeas cases.

The Volokh Conspiracy » Kagan’s Memos for Justice Marshall 2010

The spate of reversals is also notable because the Sixth Circuit has been so divided in habeas cases of late.

The Volokh Conspiracy » Is the Sixth Circuit the New Ninth (At Least in Habeas Cases)? 2010

Arguing that Quirin or Eisentrager stand for the proposition that enemy have a right to habeas is flatwrong.

The Volokh Conspiracy » Lawyers, Treason, and Deception: A Response to Andrew McCarthy 2010

I think the Supremes collectively feel that if Judge Moore or Judge Clay or Judge Reinhardt wants to pronounce Constitutional policy in habeas cases, then the President can name those Judges to the Supreme Court, but not until then.

The Volokh Conspiracy » Sixth Circuit 0–3 in Habeas Cases This Term 2010

While dressed in habeas garb, this case is really a conservative-liberal dispute over how to apply Miranda.

The Volokh Conspiracy » Is the Sixth Circuit the New Ninth (At Least in Habeas Cases)? 2010