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Full-Text Articles in Law
Aedpa As Forum Allocation: The Textual And Structural Case For Overruling Williams V. Taylor, Carlos Manuel Vázquez
Aedpa As Forum Allocation: The Textual And Structural Case For Overruling Williams V. Taylor, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
In Williams v. Taylor, the Supreme Court read a section of the Anti- Terrorism and Effective Death Penalty Act (AEDPA) to change the long-prevailing de novo standard of review of federal habeas petitions by state prisoners. In holding that Congress had denied the lower federal courts the power to grant habeas relief to prisoners in custody pursuant to wrong but reasonable state court decisions, the Court departed from the provision’s text and relied instead on its perception of a generalized congressional purpose to cut back on habeas relief and on the non-redundancy canon of statutory construction. On both scores, …
The Faith And Morals Of Justic Antonin Scalia, David F. Forte
The Faith And Morals Of Justic Antonin Scalia, David F. Forte
Intercultural Human Rights Law Review
It is because of Justice Scalia's suspicion of philosophy and of history that he becomes an outspoken textualist. But why should text carry greater authority? Why should the written word, rather than evolving tradition, be of higher authority, particularly to a Roman Catholic? To understand Antonin Scalia's affirmation of the centrality of text, we must, as many already have, seek to find out how the man viewed his religion and how he practiced it.