The Great Writ (SC) (Judge-Taught)

Blackstone described the writ of habeas corpus as “the most celebrated writ in the English law.” Today we call it “The Great Writ.” Its history is a rich and colorful one that starts in the mists of English common law, runs through the battles between the English common-law courts and the Stuarts, into the American Revolution and the Founding, through every armed conflict in American history, and into present day. Some form of habeas litigation (if you include postconviction litigation and immigration litigation) comprises more than one third of the federal courts’ dockets in a typical year. In this short course, we will trace the Great Writ from its origins in England to its roll in federal courts today. In our view, the material we will cover is absolutely essential for anyone who is planning to clerk in a federal court.