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Full-Text Articles in Law

Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch Oct 2008

Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch

William & Mary Law Review

The Antiterrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner's petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, we assess this provision's impact on the development of federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a "dialogue" (as described by Robert M. Cover and T. Alexander Aleinikoff in a …


"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal Dec 2003

"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal

William & Mary Law Review

No abstract provided.


A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan Jul 1993

A Practical Guide To Recent Developments In Federal Habeas Corpus For Practicing Attorneys, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan Jan 1992

"Reforming" Federal Habeas Corpus: The Cost Of Federalism; The Burden For Defense Counsel; And The Loss Of Innocence, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.