Both habeas law and habeas literature have failed to attend to habeas's substantive legal context, preventing the development of a coherent intellectual framework for modern habeas law. The current habeas confusion stems from a miscategorization. Habeas has long been viewed as a particular species of the genus of federal court remedies for violations of federal constitutional rights. But after the Criminal Procedure Revolution of the 1960s and 1970s, it no longer makes sense to think about habeas primarily in terms of the ideological struggle between Federalism and Nationalism. We propose two "tracks" of habeas relief--one focused on the protection of innocents, the other focused on deterrence.
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