(LAWC-4036) - 2 UNITS

This seminar will examine the history and evolution of the Great Writ as a vehicle for challenging the legality of a prisoner?s detention. We will discuss the ways courts have expanded and contracted common law and statutory writs over time and look at the development of habeas corpus law in the United States as established through Supreme Court cases and legislative trends, including the limits Congress has placed on prisoner suits when it enacted AEDPA in 1996. Because this course examines significant constitutional issues that arise in the course of litigating habeas claims, it provides an excellent foundation for students who intend to apply for judicial clerkships, whether at the magistrate, district, or circuit court level. By studying how capital and non-capital petitions proceed through the state and federal court systems, the course will expand on students? understanding of federalism and comity, as well as constitutional law, criminal law and procedure, civil procedure, and trial and appellate practice.

*It is recommended that you take this seminar prior to Federal Public Defender Death Penalty Appeals Clinic, but it is not a requirement.