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Criminal Procedure

Vanderbilt University Law School

Habeas corpus

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Full-Text Articles in Law

Recent Cases, Theodore Brown, Jr., Janet R. Necessary Nov 1976

Recent Cases, Theodore Brown, Jr., Janet R. Necessary

Vanderbilt Law Review

Responding to an increase in the number of habeas corpus petitions filed by federal prisoners in the district courts whose jurisdictions included federal prisons,, Congress in 1948 enacted 28 U.S.C. § 2255.1 The statute's purpose is to provide federal prisoners with an expeditious remedy for correcting erroneous sentencing without resort to habeas corpus.' In an effort to restrict the number of evidentiary hearings required, section 2255 provides for denial of petitions in which the motion, files, and records of the case conclusively demonstrate that the prisoner is entitled to no relief." Since approximately two-thirds of all federal criminal prosecutions are …


Recent Cases, Michael D. Kelly, Robert D. Tuke Nov 1974

Recent Cases, Michael D. Kelly, Robert D. Tuke

Vanderbilt Law Review

Antitrust Law--Clayton Act--Statistics of Market Concentration and Increased Market Share are Insufficient to Show Violation of Section 7 When Other Factors Mandate a Conclusion that Competition will not be Substantially Lessened by the Contested Acquisition --

Preservation of a large number of marginal competitors does not necessarily result in the optimum level of competition, and size per se is not illegal' and should not be equated with anticompetitive effect. Seemingly, the competitive objectives of antimerger law have been infused with a theory characterized by socio-political feelings of hostility towards large, integrated corporations contrasted with friendliness toward small, independent business units …