Faculty Notes Eric M. Freedman, Siggi B. Wilzig Distinguished Professor of Constitutional Rights

Published on September 13, 2015 | by LawNews

Prof. Eric M. Freedman’s Article ‘Habeas Corpus as a Legal Remedy’ Makes 6 SSRN Top 10 Download Lists

The article “Habeas Corpus as a Legal Remedy” (forthcoming in Northeastern University Law Journal) by Eric M. Freedman, the Siggi B. Wilzig Distinguished Professor of Constitutional Rights, was recently listed on six SSRN Top 10 download lists:

• English Law: Criminal Law (Topic)
• English Law: Public Law (Topic)
• LSN: Juries (Courts) (Topic)
• LSN: Separation of Powers & Judicial Independence (Topic)
• LSN: Procedure (Other Procedural Issues, such as Pretrial Detention & Release, Pleas, Appeal & Collateral Attack, etc.) (Sub-Topic)
• AARN: Theorizing Politics & Power (Political) (Topic).

From the Abstract:

This is the second part of a project whose first part — inspired by the interest in the common law writ of habeas corpus spurred by the Guantanamo Bay litigations — was published as “Habeas Corpus as a Common Law Writ,” 46 Harv. C.R.-C.L. L. Rev. 591 (2011).

This part of the project argues that understanding habeas corpus during the colonial and early national periods — and ultimately reclaiming its power today — requires understanding that it was just one strand in a web of public and private legal remedies restraining abuses of government power. …

Among the implications of the piece is that the view of the current Supreme Court that protecting public officials from unwarranted damages liability is a judicial role is thoroughly ahistorical.

Read Professor Freedman’s article.

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