habeas corpus

• Habeas corpus

• Access to Habeas Corpus: A Human Rights Analysis of U.S. Practices in the War on Terrorism

Introduction - II. History and significance of habeas corpus - III. Habeas corpus provisions in relevant human rights law - A. Article 9(4) of the International Covenant on Civil and Political Rights - B. Article XXV of the American Declaration of the Rights and Duties of Man - IV. Basic guarantees and scope of application - A. Basic Guarantees - B. Relationship to International Humanitarian Law - C. Derogability - D. Extraterritorial Application - V. Assessing american compliance - A. Availability of Review - B. Procedural Issues - VI. Conclusion

• Transnational Law & Contemporary Problems
• Nbr. 20-1, May 2011

• Rep. Ike Skelton Holds a Hearing On Habeas Corpus for Detainees

HOUSE ARMED SERVICES COMMITTEE HOLDS A HEARING ON HABEAS CORPUS FOR DETAINEES JULY 26, 2007 SPEAKERS: REP. IKE SKELTON, D-MO. ...

• Political Transcript Wire
• August 20, 2009

• Boumediene V. Bush: Habeas Corpus, Exhaustion, and the Special Circumstances Exception

On Nov 20, 2008, six native Algerian detainees at Guantanamo anxiously listened over a phone line for District Judge Richard Leon's ruling from the bench on their writ of habeas corpus petitions. After numerous legal proceedings and close to seven years of detention, five of the men learned that because the Government failed to sufficiently justify their detention, the court would grant their petitions and order their release. The court found that the Government failed to provide sufficient evidence to effectively evaluate the credibility of the unnamed source. Judge Leon's decision came only five months after the Supreme Court's decision, in Boumediene v Bush, to grant Guantanamo detainees the ability to challenge their detention by applying for a writ of habeas corpus in federal court...

• Brigham Young University Law Review
• Vol. 2009 Nbr. 6, November 2009

• 32 CFR 516.20 - Habeas Corpus.

• Code of Federal Regulations - Title 32: National Defense

• Restoring Habeas Corpus

In confronting international terrorism, President George W. Bush and Congress have abandoned the Founding Fathers' suspicion of unchecked power in favor of the French Revolution's Jacobins. Their creed, voiced by Louis de Saint Just, proclaimed, "No liberty for the enemies of liberty." Accordingly, suspected enemies were routinely imprisoned without trial based on edicts of the French Terror. President Bush has echoed the militant Jacobins: "We must not let foreign enemies use the forums of liberty to destroy liberty itself." He has similarly detained suspected unlawful enemy combatants at Guantanamo Bay indefinitely on his say-so alone. In so doing, President Bush has suspended the Great Writ of habeas corpus, with the consent of Congress in the Military Commissions Act of 2006, by den...

• The Washington Times
• October 30, 2007

• In re Petition for Writ of Habeas Corpus by James R. Short against Versailles, (Ohio 2011)

The trial court properly determined that Appellant’s petition for writ of habeas corpus did not comply with the verification and commitment-paper requirements of the Ohio Revised Code and was subject to dismissal; Appellant’s appeal is moot since Appellant is no longer incarcerated.

• Ohio Supreme Court

• Habeas Corpus, Judicial Review, and Limits on Secrecy in Detentions at Guantánamo

Introduction I. Guantánamo and the modalities of Secrecy II. Habeas Corpus Litigation at Guantánamo A.Habeas Litigation before Rasul B.Overview of Post-Rasul Habeas Litigation III. Habeas as a check on Secret Detentions at Guantánamo A. Access to Counsel B. Challenging the Factual and Legal Basis for Confinement C.Habeas Review of Transfer to Foreign Custody D.The Right to a Remedy for Unlawful Detention Conclusion

• Cardozo Public Law, Policy and Ethics Journal
• Nbr. V-1, January 2007

• Habeas corpus

• Montana Constitution

• Error-Centricity, Habeas Corpus, and The Rule of Law as The Law of Rulings

Introduction II. Error And The Criminal Law III. Error And Justice A. The Constitutional Error Approach B. The Gateway of Innocence Standard IV. Does Error Matter? The Antiterrorism And Effective Death Penalty Act V. Error And Truth: The Victory Of Legitimacy Over Truth VI. Conclusion: Error, Law, And The Possibility Of Justice

• Louisiana Law Review
• Nbr. 64-3, April 2004

• Michigan's Battle Cry: Restore Habeas Corpus

I had to come," [Lauren Ramanathan] said. "I stood in the sun to be a part of the solution - I wanted to stop complaining from the sidelines. "We are here to say habeas corpus must be restored!" [Anthony Romero] said. "Due process is a constitutional right, not a privilege. It is immoral and illegal for our government to imprison people without charge." "The staffer answered questions by saying, 'I will let the congressman know. I don't know his position. I don't know.'" said [Ryan Koerber]. "The person we saw, I don't want to say he was incompetent, but I don't think our meeting was taken seriously...they gave us someone who could not answer any questions. I would have rather met with the congressman, or at least his chief of staff."

• Michigan Chronicle
• August 20, 2009