314.01 Federal Habeas Corpus

Habeas corpus is at the core of many of the highest profile cases and challenges to the use of government power in our history. This is true now more than ever.  What is it? Habeas corpus refers to the Latin phrase, “you have the body,” and a habeas writ  allows prisoners to challenge their detentions in court.  Topics covered in the course include the historical evolution of the writ, the Suspension Clause of the U.S. Constitution, key Supreme Court decisions, post-conviction procedures, immigration detention, national security detention, the intersection of habeas corpus and civil litigation, and the future of habeas corpus.  Ungraded review exercises will be provided throughout the semester and grading will be based on class participation and a final exam.

Spring 2026

Course Number Course Credits Evaluation Method Instructor
314.01
2
Final Exam
Practical exercises
Class participation
Brandon L. Garrett
Canvas site: https://canvas.duke.edu/courses/75068
Course
Degree Requirements
JD elective
IntlLLM-SJD-EXC elective
Course Requirements - Public Interest
PIPS elective
Course Areas of Practice
Constitutional Law and Civil Rights
Criminal Law and Procedure