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Northeastern University Law Journal, Vol. 8, No. 1, Winter 2016

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Northeastern University Law Journal, Vol. 8, No. 1, Winter 2016 VOLUME 8, NO. 1 WINTER 2016 ii © 2016 Northeastern University Law Journal Northeastern University School of Law 416 Huntington Avenue Boston, Massachusetts 02115 Cite as 8 Ne. U. L.J. (2016). Vol. 8 No. 1 Northeastern University Law Journal iii Editorial Board Editors-in-Chief Mary Donahue Andrew J. Collins Managing Editors John E. Murray Lauren N. Maloney Articles Editors Samantha Albright Chelsea M. Brisbois Ivan Atochin Robert A. Donoghue Courtney Thomas Christopher W. Huntsman Publications Editors Claire G. Frederick Bridgette D. Buchanan Symposium Editors Timothy Goodin Jonathan Culpepper Online Law Journal Editors Greg Sager Pamela Swanson Advisors Sarah Hooke Lee, Associate Dean and Director of Information and Research Services & Teaching Professor of Law Gabriel Arkles, Associate Teaching Professor Lee P. Breckenridge, Professor of Law Michael Meltsner, George J. and Kathleen Waters Matthews Distinguished University Professor iv Vol. 8 No. 1 Northeastern University Law Journal v Senior Staff Editors Allison A. Belanger Kaitlyn Mahoney Michael W. Bell Molly E. Manson Brooke Bischoff Lou Mattei Amanda Bradley Amanda Montel Jerome S. Brooks Kelsey Morales Jennifer Denker D. Connor Moroney Kristina Ferguson April O’Brien Lacey F. Gordon Adam Rhodes-Rogan Gabriel U. Labbé Anne Sheldon Brittany K. Lazzaro David Tobias Christine Soyun Lee Jessica Winn vi Vol. 8 No. 1 Northeastern University Law Journal vii Staff Editors Ana V. Alvarado Danielle Ann Maglente Batool Banker Trevor S. Maloney Christopher Blessing Johanna D. Martinez James Carregal Matthew S. McDonnell Suzannah Carrington Elizabeth McNamara Joanna Clark Jacob C. Miller Peter Colin, Jr. Yangchen Tenzin Nangpa Kelsey Condon Mariah O’Rourke Megan M. Coneeny Sarah C. Palmer Anthony Copple Julia A. Park M. Mercedes Cover Jerome D. Parker-O’Grady Monica J. DeLateur Jacob Pecht Janelle H. Dempsey William J. Rainsford Laura DePonio Lauren E. Ramirez Zachary A. Dovitz Lauren M. Ramirez Abrisham Eshghi Reyna M. Ramirez Elizabeth Filosa Benjamin Rosen Jacob Fishman Gabrielle A. Rosenblum Elena A. Francis Stephen Ryan Christopher F. Gaskill Jillian Schlotter Rachel H. Green Nelle Seymour Kristen Hamilton Kimberly Sharpe Ellis Heneghan Juliana T. Shulman Kathryn Hess Lettye L. Smith Jasveer Jabbal Lisa M. Stevens-Goodnight Alexander W. Jones Christine Sunnerberg So Young Kang Alyssa Sweeney Caroline Kelley Brenna M. Toomey Nicholas J. Kenyon Tiffany Tsang Ethan D. Kolodny Sandi Van Orden Caleb B. Koufman Jonathan S. Whitson Tiffany Kwong Samuel M. Witham Huy Le Jacob B. Wolk Jin Lin Judith A. Young Michael R. Lloyd Paige K. Zacharakis Mark Andrew Macchi Esther J. Zolotova viii Non-Discrimination Policy Northeastern University does not condone discrimination on the basis of race, color, religion, religious creed, genetics, sex, gender identity, sexual orientation, age, national origin, ancestry, veteran, or disability status. Vol. 8 No. 1 Northeastern University Law Journal ix Faculty Jeremy Paul Lee P. Breckenridge Dean & Professor of Law Professor of Law Dan Danielsen Margaret A. Burnham Associate Dean for Academic Affairs, Professor of Law Professor of Law, & Faculty Director, Program on the Corporation, Law and Martha F. Davis Global Society Professor of Law Sarah Hooke Lee Richard A. Daynard Associate Dean and Director of University Distinguished Professor of Law Information and Research Services & Teaching Professor of Law Melinda F. Drew Teaching Professor & Wendy E. Parmet Director of the Academic Success Program Matthews Distinguished University Professor of Law, Professor of Public Rashmi Dyal-Chand Policy and Urban Affairs, Director of Professor of Law & Research Director the Program on Health Policy and Law & Associate Dean of Interdisciplinary Peter D. Enrich Education and Research Support Professor of Law Roger I. Abrams Daniel J. Givelber Richardson Professor of Law Professor of Law Emeritus Libby S. Adler Hemanth C. Gundavaram Professor of Law Associate Teaching Professor Aziza Ahmed James R. Hackney, Jr. Associate Professor of Law Professsor of Law & Chief of Staff and Senior Strategy Advisor, Office of Gabriel Arkles President Joseph E. Aoun Associate Teaching Professor Margaret Hahn-Dupont Daniel A. Austin Associate Teaching Professor Associate Professor of Law Wallace E. Holohan Brook K. Baker Senior Clinical Specialist & Director of Professor of Law the Prisoners’ Rights Clinic Leo Beletsky Karl E. Klare Associate Professor of Law & George J. and Kathleen Waters Matthews Health Sciences Distinguished University Professor of Law x Faculty (cont.) Hope Lewis James V. Rowan Faculty Director, Global Legal Studies & Professor of Law & Director of the Professor of Law Clinical Programs Kristin M. Madison Peter B. Sessa Professor of Law & Health Sciences Associate Teaching Professor & Director, Community Business Clinic Andrea M. Matwyshyn Professor of Law Jessica M. Silbey Professor of Law Susan A. Maze-Rothstein Teaching Professor & Director of the Legal Ira Sills Skills in Social Context (LSSC) Program Lecturer in Law Daniel S. Medwed Susan Sloane Professor of Law & Faculty Director of Associate Teaching Professor & Director Professional Development of Legal Research and Writing in the LSSC Program Michael Meltsner George J. & Kathleen Waters Matthews Emily A. Spieler Distinguished University Professor Hadley Professor of Law Susan Barbieri Montgomery Stephen N. Subrin Executive Professor of Law & Business Professor of Law Mary E. O’Connell Kara W. Swanson Professor of Law Professor of Law David M. Phillips Lucy A. Williams Professor of Law Professor of Law & Faculty Director of Public Interest and Pro Bono Initiatives Deborah A. Ramirez Professor of Law Margaret Y. K. Woo Professor of Law Sonia Elise Rolland Professor of Law & Faculty Director, LLM & International Programs Rachel E. Rosenbloom Professor of Law Vol. 8 No. 1 Northeastern University Law Journal xi Adjunct and Visiting Faculty Joshua L. Abrams Neil T. Leifer Hon. Jay D. Blitzman Margo K. Lindauer Ken Bresler Sophia Lingos Arlene S. Brock Leonard E. Milligan III Robert G. Burdick Stephen M. Novak Peter Campia Keith R. Osher Josh Davis Mark Paige Johanna K.P. Dennis Michael Pezza, Jr. Dawn Effron Alex G. Philipson Julian Fray Arnold R. Rosenfeld Joshua S. Grinspoon Stuart Rossman Jessica D. Hedges Roberta L. Rubin Patricia Illingworth Amy Remus Scott Hon. R. Marc Kantrowitz Michael Tumposky Michael Keating Cara Wilking Peter M. Kelley Mark W. Worthington Stephen M. Kohn Rose Zoltek-Jick Mary E. Landergan xii Vol. 7 No. 1 Northeastern University Law Journal xiii Editors’ Introduction Just over a decade ago, the Northeastern University Law Journal was conceived as a publication for scholars, practitioners, and students to publish forward-looking, practice-oriented articles with a social justice consciousness reflective of the Law School’s overall ethos. In order to achieve that goal, each edition of the Journal focused on a single issue, publishing articles that contributed to the discussion of one timely topic. The issue-specific approach was integrated with the Journal’s annual symposium. This integration allowed the Journal to wholistically explore how the given issue affected the practice of law, and vice versa. The Journal has grown since its formation, both in staff and in content. It has published issues on topics ranging from prisoners’ rights to employment, and from education law to data privacy. It has brought leading academics and well-versed professionals to speak on these topics, and it has published significant pieces studying the practical implications of lawyering on these issues. In 2013, to help further the Journal’s goal of engaging our academic community in important discussions on relevant legal topics, the Journal launched an online component, Extra Legal. Extra Legal aims to publish shorter, well-timed legal commentaries written by current law students in order to facilitate on-going discussions on emerging legal issues. In so doing, it provides students at the Law School a platform to add their voices to discussions on central legal issues that will directly impact the students’ practice of law. In hopes of expanding discussions to include the most innovative and noteworthy legal issues, the Journal takes another significant step in its development. This issue marks the first edition of the Journal that departs from the narrower topical format. While symposia will remain an important aspect of the Journal’s voice and discussion, the new format brings an opportunity to embark on a broader examination of issues through articles on numerous themes. Ultimately, the Journal seeks to engage all topics of legal scholarship, with special attention to articles demonstrative of the connection among public interest, innovation, and the practical application of law. In accordance with the pioneering spirit of Northeastern University School of Law, the Journal seeks to center itself in discussions around evolving ideas of how law can be used to advance the public good. xii Yet, even as the Journal looks to the future, it remains committed to the public interest ideals on which it was founded. Editorial Board Northeastern University Law Journal Winter 2016 Vol. 8 No. 1 Northeastern University Law Journal 1 Habeas Corpus in Three Dimensions Dimension II: Habeas Corpus as a Legal Remedy Eric M. Freedman1 1 Siggi B. Wilzig Distinguished Professor of Constitutional Rights, Maurice A. Deane School of Law, Hofstra University ([email protected]); B.A. 1975, Yale University; M.A.
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