Tag Archives: Habeas Corpus
New York’s High Court Rejects a Habeas Corpus Petition on Behalf of a Captive Elephant

Cornell Law professor Michael C. Dorf comments on a recent decision by the New York Court of Appeals ruling that Happy, an Asian elephant who has been imprisoned at the Bronx Zoo for nearly her entire half-century of existence—was not entitled to the writ of habeas corpus. Professor Dorf points out the questionable logic and errors that led the court to its conclusion and suggests that, despite the sad ending for Happy, her case might mark a turning point in the legal rights of nonhuman animals, evidenced by the thoughtful and compassionate dissent by two members of that court.

What If Edwards v. Vannoy Had Gone the Other Way?

Cornell Law professor Sherry F. Colb comments on the U.S. Supreme Court’s decision in Edwards v. Vannoy, in which it held that a prisoner may not invoke the denial of his Sixth Amendment right to a unanimous jury as a basis for challenging his criminal conviction when filing a federal habeas corpus petition. Professor Colb explains why, if cost/benefit analysis played a role in determining retroactivity, the Court perhaps should have decided that case the other way.

Supreme Court to Consider When a Criminal Defendant Must Pay With His Life for His Lawyer’s Error

Cornell University law professor Michael C. Dorf comments on a case before the U.S. Supreme Court that presents the issue whether and when a criminal defendant should pay with his life for an error made by his lawyer. Dorf explains the facts behind the case as well as the relevant legal precedents. He argues that Davila, the criminal defendant in this case, might convincingly argue that his first real opportunity to complain about the ineffectiveness of counsel on direct appeal is in a state habeas proceeding.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more