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    • 20674-01
    • Habeas Corpus
    • Fidell
    • Wed 4:10 PM-6:00 PM
    • 2
    • -
    • open enrollment
    • paper required

    Habeas Corpus (20674). 2 units. Habeas corpus offers a window on the role of the federal courts; the nature of federalism; and the tensions inherent in a system of separated powers. This course will trace the history and changing role of the Great Writ in the administration of justice and the protection of individual rights. A starting point will be to situate the current period of habeas eclipse against the broader political and legal landscape, including such post-Warren Court preoccupations as federalism, crime and punishment in general and the death penalty in particular, as well as the 21st century search for ways to ensure national security and heightened awareness of the disproportionate impact of the criminal justice and correctional systems on racial minorities. We will examine the constitutional issues, the key role played by the Suspension Clause, and the application of the writ in such disparate settings as post-conviction review of criminal proceedings, civil commitment, and the indefinite detention of unlawful combatants at Guantánamo Bay. Along the way we will confront the scope of presidential authority, separation of powers and the interaction among the Branches. How have the federal courts understood their authority? Is habeas a “one-way ratchet” for the unending recognition of new rights, as some have complained? Has one form of judicial activism been replaced by another? What principles have been established, and to what extent is the law of habeas in one setting transferable to others? What can we learn about the exercise of judicial power in times of crisis? An essential part of the course will be an exploration of the role and efficacy of habeas corpus in other countries (including non-common law jurisdictions), international human rights habeas jurisprudence, and the habeas jurisprudence of international criminal tribunals. Paper required. E.R. Fidell.

    Location: SLB - 110 (Wed)
    Grade mode: graded
    CRN: 10099