The Denver University Law Review’s annual Tenth Circuit Survey is now on-line, in full text. The Survey is issue 3 of volume 86–below the tables of contents for issues 1 and 2, and the special issue on Obama.
The Tenth Circuit Survey issue includes my article, The Second Amendment in the Tenth Circuit: Three Decades of (mostly) Harmless Error.
One article in the issue which is not about the Tenth Circuit is Back to Basics: Habeas Corpus Procedures and Long-Term Executive Detention, by Marc Falkoff. He surveys the historical development of habeas, and argues that habeas has developed in a dialect between the judiciary and the other branches, and that an essential part of the dialect has been the judiciary’s willingness to push back against executive or legislative attempts to constrict habeas. In the context of the Guantanamo detentions, he urges the judiciary to take a more assertive stance for more robust habeas.