Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation

Brandon L. Garrett, Duke University School of Law

Lee Kovarsky, University of Texas School of Law

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Table of Contents

The second edition includes the most recent Supreme Court opinions on federal habeas corpus, summaries of developments on the lower courts, and the latest scholarship. The basic organization of the Book has not changed – some internal reorganization of Chapters 5 and 7 notwithstanding – with supplemental discussion of lower-court cases appended to the material on the Supreme Court content to which it pertains. There have been substantial revisions to improve clarity and readability, substantial deletions of peripheral material, the addition of citations to new legal scholarship, and updates to empirical observations (where possible).

Significant new Supreme Court cases that the Book excerpts and/or covers extensively include: Jones v. Hendrix (2023), Shinn v. Ramirez (2022), Brown v. Davenport (2021), Edwards v. Vannoy (2021), DHS v. Thuraissigiam (2020), Banister v. Davis (2020), Wilson v. Sellers (2018), Ayestas v. Davis (2018), Brumfield v. Cain (2015), Montgomery v. Louisiana (2015), Trevino v. Thaler (2013), and McQuiggin v. Perkins (2013).

There are also several major pieces of new Note content. Chapter 3, for example, contains significant new material on the question of whether habeas corpus relief was traditionally limited to defects in jurisdiction.

Finally, we have excised substantial content from Chapters 9 and 10 on the ground that it dealt primarily with substantive questions of military detention and not enough with questions about the habeas remedy.

Learn more about this series.