Browsing by Subject "Habeas corpus"

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Adversarial No More: How Sua Sponte Assertion of Affirmative Defenses to Habeas Wreaks Havoc on the Rules of Civil Procedure

Macfarlane, Katherine A. (University of Oregon School of Law, 2012)

In every federal civil case, a defendant must raise its affirmative defenses in the pleading that responds to a plaintiff’s complaint. According to Federal Rule of Civil Procedure 8(c), failure to properly plead, for ...
Shadow Judges: Staff Attorney Adjudication of Prisoner Claims

Macfarlane, Katherine A. (University of Oregon School of Law, 2017-03-30)

This Article is the first to investigate the scope of the delegation to pro se staff and to consider corresponding separation of powers concerns. Local procedure that delegates this deciding judicial power to pro se staff ...