Washington Law Review


David F. Berger


This comment is concerned with habeas corpus jurisdiction in terms of its availability and issuance in behalf of persons physically restrained by the exercise of federal authority other than article III federal courts. Restraint by article III courts is excluded from discussion because the federal Habeas Corpus Act of 19486 fully covers those cases by specific provisions for relief of persons convicted and confined as a result of criminal proceedings in state or federal district courts. Thus, uncertainties as to habeas corpus availability and issuance only exist in regard to "non-article III"' restraint.

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