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Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
Habeas As Forum Allocation: A New Synthesis, Carlos M. Vázquez
University of Miami Law Review
The scope of habeas relief for state prisoners, especially during the decades before the Supreme Court’s 1953 decision in Brown v. Allen, is a famously disputed question—one of recognized significance for contemporary debates about the proper scope of habeas review. This Article provides a new answer. It argues that, until the enactment of Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), it was broadly accepted that state prisoners were entitled to plenary federal review of the legal and mixed law/fact questions decided against them by state courts. Until 1916, such review was provided by the Supreme Court; after 1953, …
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
University of Miami Law Review
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …