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Articles 1 - 7 of 7
Full-Text Articles in Law
The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
The Lasting Viability Of Rasul In The Wake Of The Detainee Treatment Act Of 2005, Joseph R. Pope
Northern Illinois University Law Review
This article examines the jurisdictional features of the newly enacted Detainee Treatment Act of 2005 and the Supreme Court's Hamdan v. Rumsfeld decision as it relates to the retroactive application of the Act. In particular, the article considers the impact of the Act on the Supreme Court's earlier Rasul v. Bush decision and considers whether the statute, as interpreted by the Court in Hamdan, successfully abrogated that controversial decision or leaves certain unintended infirmities untreated. The article explores the Congressional history of the Act and explains how that history supported the Supreme Court's ultimate conclusion in Hamdan that Congress failed …
An Empirical Analysis Of Habeas Corpus: The Impact Of Teague V. Lane And The Anti-Terrorism And Death Penalty Act On Habeas Petition Success Rates And Judicial Efficiency, Joann Lee
Cornell Journal of Law and Public Policy
No abstract provided.
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Opening The Flood Gates: Rasul V. Bush And The Federal Court's New World-Wide Habeas Corpus Jurisdiction, Joseph R. Pope
Northern Illinois University Law Review
This article discusses the Supreme Court's controversial Rasul v. Bush decision--a case dealing with the ability of the federal courts to entertain the habeas petitions filed by terrorist suspects detained at Guantanamo Bay, Cuba. The article seeks to make four contributions. First, it argues that the Supreme Court has misinterpreted its own precedent in its interpretation of the territorial reach of the habeas corpus statute. Secondly, it argues that the Court misread the historical record pertaining to the territorial reach of the writ of habeas corpus--which antedated the adoption of the Constitution and was explicitly engrafted into the text of …
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman
On The Adequacy Of Direct Review After The Real Id Act Of 2005, Gerald L. Neuman
NYLS Law Review
No abstract provided.
Catalyzing More Adequate Federal Habeas Review Of Summation Misconduct: Persuasion Theory And The Sixth Amendment Right To An Unbiased Jury, Ryan P. Alford
Catalyzing More Adequate Federal Habeas Review Of Summation Misconduct: Persuasion Theory And The Sixth Amendment Right To An Unbiased Jury, Ryan P. Alford
Oklahoma Law Review
No abstract provided.
Aedpa Statute Of Limitations: Is It Tolled When The United States Supreme Court Is Asked To Review A Judgment From A State Post-Conviction Proceeding, Diane E. Courselle
Aedpa Statute Of Limitations: Is It Tolled When The United States Supreme Court Is Asked To Review A Judgment From A State Post-Conviction Proceeding, Diane E. Courselle
Cleveland State Law Review
This thirty-seven word provision [the tolling provision in the Antiterrorism and Effective Death Penalty Act] has been construed by the United States Supreme Court three times since 1996, and yet several questions remain unanswered. One such unanswered question is whether tolling occurs when a petitioner files a petition for writ of certiorari to the United State Supreme Court from the state court postconviction decision. In other words, does seeking the United States Supreme Court's review from a state court's final decision on an "application for State post-conviction or other collateral review" keep the state post-conviction application "pending?" That is the …