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Criminal Procedure

Habeas corpus

Duke Law

Publication Year

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Full-Text Articles in Law

Aedpa Repeal, Brandon L. Garrett, Kaitlin Phillips Jan 2022

Aedpa Repeal, Brandon L. Garrett, Kaitlin Phillips

Faculty Scholarship

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) dramatically altered the scope of federal habeas corpus. Enacted in response to a domestic terrorism attack, followed by a capital prosecution, and after decades of proposals seeking to limit post conviction review of death sentences, and Supreme Court rulings severely limiting federal habeas remedies, AEDPA was ratified with little discussion or deliberation. The law and politics of death penalty litigation, which had been particularly active since the U.S. Supreme Court invalidated all death penalty schemes in its 1972 ruling in Furman v. Georgia, culminated in restrictions for all federal habeas …


Book Review, Ira Michael Heyman, Michael E. Tigar Jan 1965

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.