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Disability Law Commons

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Full-Text Articles in Disability Law

Insurmountable Hill: How Undue Aedpa Deference Has Undermined The Atkins Ban On Executing The Intellectually Disabled, Nathaniel Koslof Apr 2013

Insurmountable Hill: How Undue Aedpa Deference Has Undermined The Atkins Ban On Executing The Intellectually Disabled, Nathaniel Koslof

Boston College Law Review

On November 22, 2011, in Hill v. Humphrey, the U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that a petitioner’s federal habeas petition challenging his death sentence must be denied in light of the degree of deference owed to the state habeas court’s decision under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). In so doing, the court rejected the petitioner’s argument that Georgia’s beyond a reasonable doubt standard for proving a defendant’s intellectual disability is unconstitutionally stringent and thus eviscerates the right of the intellectually disabled to ...


New Governance And Rights-Claims, Vlad F. Perju Aug 2011

New Governance And Rights-Claims, Vlad F. Perju

Boston College Law School Faculty Papers

I. Ideas as catalysts: Rights and the struggle for recognition of persons with disabilities

II. Strategic and communicative components of rights-claims

III. Two conceptions of responsiveness: An excursus into constitutional theory

Conclusion: The not-so-strange alchemy of new governance and “old government”