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Selected Works

Criminal Procedure

Criminal Law

2013

Articles 1 - 5 of 5

Full-Text Articles in Law

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter Nov 2013

The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter

Judith L Ritter

By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …


Beyond Breard, Erik G. Luna, Douglas J. Sylvester Jan 2013

Beyond Breard, Erik G. Luna, Douglas J. Sylvester

Erik Luna

No abstract provided.


Prosecutors As Judges, Erik Luna, Marianne Wade Jan 2013

Prosecutors As Judges, Erik Luna, Marianne Wade

Erik Luna

No abstract provided.


Psychopathy And Sentencing, Erik Luna Dec 2012

Psychopathy And Sentencing, Erik Luna

Erik Luna

No abstract provided.


The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron Dec 2012

The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron

Danielle Keats Citron

We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …