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Articles 1 - 16 of 16
Full-Text Articles in Law
Aedpa Repeal, Brandon L. Garrett, Kaitlin Phillips
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 …
Mohammed Jawad And The Military Commissions Of Guantánamo, David J. R. Frakt
Mohammed Jawad And The Military Commissions Of Guantánamo, David J. R. Frakt
Duke Law Journal
On December 17, 2002, Mohammed Jawad, then about fourteen or fifteen years old, was arrested by Afghan police on suspicion of involvement in a single grenade attack on a U.S. military jeep in a crowded public bazaar in Kabul. The attack injured two U.S. service members and their local interpreter. According to news accounts and public statements by senior Afghan officials, multiple persons were arrested for and confessed to this crime. But Jawad was the only suspect handed over to U.S. authorities. Before turning him over, Afghan officials threatened to kill Jawad or a member of his family if he …
Another Hurdle To Habeas: The Streamlined Procedures Act, Michelle Hertz
Another Hurdle To Habeas: The Streamlined Procedures Act, Michelle Hertz
Duke Law Journal
No abstract provided.
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Lessons From Avena: The Inadequacy Of Clemency And Judicial Proceedings For Violations Of The Vienna Convention On Consular Relations, Linda E. Carter
Lessons From Avena: The Inadequacy Of Clemency And Judicial Proceedings For Violations Of The Vienna Convention On Consular Relations, Linda E. Carter
Duke Journal of Comparative & International Law
No abstract provided.
A “Full And Fair” Trial: Can The Executive Ensure It Alone? The Case For Judicial Review Of Trials By Military Commissions At Guantanamo Bay, Jennifer A. Lohr
A “Full And Fair” Trial: Can The Executive Ensure It Alone? The Case For Judicial Review Of Trials By Military Commissions At Guantanamo Bay, Jennifer A. Lohr
Duke Journal of Comparative & International Law
No abstract provided.
Next Friend Standing And The War On Terror, Caroline Nasrallah Belk
Next Friend Standing And The War On Terror, Caroline Nasrallah Belk
Duke Law Journal
No abstract provided.
How Congress Might Redesign A Leaner, Cleaner Writ Of Habeas Corpus, Brian M. Hoffstadt
How Congress Might Redesign A Leaner, Cleaner Writ Of Habeas Corpus, Brian M. Hoffstadt
Duke Law Journal
In the last thirty years, the Supreme Court and Congress have made the federal writ of habeas corpus increasingly less available to state prisoners. By and large, they have restricted the writ through the creation and expansion of procedural barriers to federal habeas review. Recently, however, the policy debate over how to handle the deluge of federal habeas petitions has begun to shift away from creating procedural hurdles and toward a more straightforward narrowing of the substantive scope of the writ, as Congress has started to consider bills that would preclude state prisoners from raising certain federal constitutional claims in …
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
The American Bar Association And Federal Habeas Corpus, Larry W. Yackle
Law and Contemporary Problems
Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.
The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe
The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe
Duke Law Journal
I don't like prisoners. Nobody pretends to like them, but every once in a while, one of these people is right. And a society is judged by how it treats the least among it, not the best. I'm not worried about how presidents of banks and chairmen of the board and of country clubs are treated, or star quarterbacks, or other prima donnas. The job of the Constitution is to make sure that everyone is treated properly. [Prisoners] fall[] into the everybody category.
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Duke Law Journal
Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences. The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …
Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse
Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse
Duke Law Journal
No abstract provided.
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Duke Law Journal
No abstract provided.
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Habeas Corpus And The Penalty Of Death, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Thinking About Habeas Corpus, Erwin Chemerinsky
Thinking About Habeas Corpus, Erwin Chemerinsky
Faculty Scholarship
Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …
Book Review, Ira Michael Heyman, Michael E. Tigar
Book Review, Ira Michael Heyman, Michael E. Tigar
Faculty Scholarship
No abstract provided.