David L. Shapiro (Harvard Law School) has posted Habeas Corpus, Suspension, and Detention: Another View (Notre Dame Law Review, Vol. 81, No. 59, 2006) on SSRN. Here is the abstract:
This article considers a number of timely and significant issues in the interpretation and application of the Habeas Corpus Suspension Clause of the Constitution. The article first discusses several important preliminary issues, including (1) whether the Suspension Clause imposes an affirmative obligation on the federal government; (2) if so, the nature of that obligation; (3) the locus of authority to suspend the writ; (4) the limitations on the availability of the writ that may violate the Suspension Clause, and (5) the availability of judicial review of the validity of a purported suspension. The article then turns to the principal question addressed: the effect of a valid suspension of the writ upon underlying rights.
Shapiro is the master of these issues. Highly recommended.
