Because habeas petitioners seek a court order for liberty rather than compensation, judges have a duty to decide habeas petitions promptly. But increasingly, the federal courts have fallen behind on their heavy habeas ...

The habeas lawyer, I therefore suggest modestly, is the legal mirror-image of the state as torturer and as outlaw information-gatherer. One of my clients was kept in total darkness for weeks before being transferred to ...

The United States military's detention of hundreds of men at the Naval Base at Guantanamo Bay since January 2002 has drawn intense international condemnation, focused mainly on the United States' refusal to afford the ...

Although most American lawyers and legal scholars are primarily familiar with habeas corpus in the context of federal review of state convictions, habeas petitions have been used to challenge detention by the executive ...

The lesson from the Hamdi plurality and the Court in Boumediene is not that all hearsay is admissible in an executive-detention habeas action, but rather that the district courts should exercise their discretion in determining ...

The United States’ prison at Bagram Airbase in Afghanistan is the latest front in the battle over the extraterritorial reach of the Constitution. Habeas litigation on behalf of Bagram detainees has begun establishing how ...

This Article argues that legislative vetoes of administrative agency rulemaking in Illinois are unlawful under the state’s constitution. It focuses on the Joint Committee on Administrative Rules (“JCAR”), a bipartisan ...

This article explores litigation delays occurring at the Guantámo Bay Naval Base. The author uses his clients to illustrate some of the issues that have arisen with overseas detention cases. Through his clients’ experience ...