This course will study the evolution of habeas corpus and how the habeas remedy is utilized in the federal court system today. This study provides students an opportunity to observe how constitutional law, criminal law and procedure, civil procedure and even trial and appellate practice all bear upon the courts’ struggle to apply habeas corpus law to individual cases. The cases studied are representative of the detentions that may be challenged in federal habeas, e.g. enemy combatants in military custody, state prisoners on death row and immigrants in Homeland Security custody.
Federal Habeas Corpus – 6834