Curriculum Guide · Courses

Professor Asancheyev

J.D. Seminar 657 (cross-listed) | 3 credit hours

Many important legal questions about detainees in the War on Terror have been raised by the habeas litigation in the DC District Court, such as: What rights are afforded to detainees of the war on terror? Who can be detained? Who is an enemy combatant? Who has the burden of proof? How should hearsay be handled? When does a detainee really win his habeas case? In this seminar, we will begin with a review of the history of habeas corpus in the United States and the Supreme Court cases leading up to the landmark Boumediene v. Bush decision from 2008. Our primary focus will be on Boumediene’s progeny in the lower courts, and we will consider whether the lower courts are faithfully executing the Supreme Court’s mandate. We also will cover constitutional issues, such as separation of powers and due process.

Students will be required to attend a relevant hearing or oral argument in the U.S. District Court for D.C., the U.S. Court of Appeals for the D.C. Circuit, or the Supreme Court. This seminar will not cover post-state conviction habeas law or death penalty habeas law.

One primary goal of this seminar is for students to write a scholarly paper of publishable quality. Evaluation will consist of 75% final paper (25-30 pages for three credits and satisfaction of the upper class writing requirement; 20-25 pages for two credits) and 25% class participation and preparation. Attendance is mandatory.

Prerequisites: Civil Procedure (or Legal Process and Society) and Constitutional Law I: The Federal System (or Democracy and Coercion).

Attendance at all class sessions is mandatory. This course requires a paper. Students must register for the 3 credit section of the course if they wish to write a paper fulfilling the Upperclass Legal Writing Requirement. The paper requirements of the 2 credit section will not fulfill the Upperclass Legal Writing Requirement.