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The Habeas Remedy and Its English Common Law Origins The Habeas Remedy and Its English Common Law Origins
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The Habeas Authority of the Federal Courts The Habeas Authority of the Federal Courts
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The Role of Federal Habeas: A Functional Guide to Reform The Role of Federal Habeas: A Functional Guide to Reform
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One: An Introduction to the Writ of Habeas Corpus
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Published:April 2011
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Abstract
This chapter explores the habeas remedy, as it originated and evolved in the English common law, and its subsequent development in the United States. The Great Writ of habeas corpus was a legal procedure. Habeas became part of the law of the newly independent American states. The crisis of federalism that prompted the Warren Court to expand habeas review under Section 2254 no longer rages. The case of Lakhdar Boumediene, a man whose freedom was secured by the Great Writ of habeas corpus, is discussed. This case showed why the Great Writ has been considered with respect and admiration. On the other hand, the case of Ronald Graham illustrates how habeas corpus can turn into a massive waste of time, energy, and societal resources. It is suggested that Congress should amend the habeas statute to restrict the scope of habeas review of state noncapital criminal cases.
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