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Full-Text Articles in Law
Too Late For The Truth? Retroactivity And Application Of The Statute Of Limitations For Filing 28 U.S.C. § 2255 Petitions, Brian E. Moore
Too Late For The Truth? Retroactivity And Application Of The Statute Of Limitations For Filing 28 U.S.C. § 2255 Petitions, Brian E. Moore
Campbell Law Review
This comment addresses the issue of whether the one-year statute of limitations should control a petition filed after the effective date of the AEDPA but based on a conviction which became final more that one year prior to the effective date of the act. By analyzing both the minority and majority approaches, this comment demonstrates that the minority has misapplied the recent Supreme Court opinion in Landgraf v. USI Film Products. Furthermore, the purpose of this comment is to suggest the correct framework for determining the proper temporal reach of this statute.
An Eagle Soaring: The Jurisprudence Of Justice Antonin Scalia, Autumn Fox, Stephen R. Mcallister
An Eagle Soaring: The Jurisprudence Of Justice Antonin Scalia, Autumn Fox, Stephen R. Mcallister
Campbell Law Review
No abstract provided.
Asset Forfeiture: Giving Up Your Constitutional Rights, Douglas Kim
Asset Forfeiture: Giving Up Your Constitutional Rights, Douglas Kim
Campbell Law Review
This article will discuss both criminal and civil forfeiture, the related issues and recent developments as well as the unique issues presented when a civil forfeiture action follows a criminal action in the same case. Section I will provide a brief history of forfeiture and the current status of the law in this area. Section II will illustrate the procedures which the government follows in forfeiture actions. Section III will discuss the defenses against forfeiture. Section IV will discuss how forfeiture has survived the many constitutional challenges. The last two sections illustrate how Congress has balanced the need for powerful …