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Full-Text Articles in Law

Another Bite At The Apple Or The Same Bite? Characterizing Habeas Petitions On Appeal As Pending Instead Of Fully Adjudicated, Gregory Winder Nov 2022

Another Bite At The Apple Or The Same Bite? Characterizing Habeas Petitions On Appeal As Pending Instead Of Fully Adjudicated, Gregory Winder

William & Mary Law Review

[...] One of the Act's [Antiterrorism and Effective Death Penalty Act] most significant aspects is its restriction on the filing of successive habeas corpus petitions. Responding to this restriction, prisoners have attempted to circumvent the AEDPA through a number of different procedural routes with varying degrees of success.

This Note examines the circuit split that has emerged for one of those procedural attempts—motions to amend habeas petitions following adjudication on the merits and while on appeal in a circuit court. This Note argues that allowing amendment of habeas petitions on appeal is both consistent with the history of habeas corpus …


The Decline Of Habeas Corpus In Israel, Israel Zvi Gilat, Joshua Segev Aug 2022

The Decline Of Habeas Corpus In Israel, Israel Zvi Gilat, Joshua Segev

Pace Law Review

No abstract provided.


The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz Jul 2022

The Suspension Clause After Department Of Homeland Security V. Thuraissigiam, Jonathan Hafetz

St. John's Law Review

(Excerpt)

In June 2020, in Department of Homeland Security v. Thuraissigiam, the Supreme Court of the United States rejected a constitutional challenge to Congress’s decision to eliminate habeas corpus jurisdiction over legal challenges to expedited removal orders by noncitizens in federal detention.

In Thuraissigiam, U.S. border patrol stopped the petitioner, Vijayakumar Thuraissigiam, a Sri Lankan national of Tamil ethnicity, shortly after he crossed the U.S.-Mexico border without inspection or an entry document. The petitioner asserted that he was fleeing persecution in his home country and sought asylum in the United States. The asylum officer concluded that Thuraissigiam had …


A Felicitous Meme: The Eleventh Circuit Solves The Preiser Puzzle?, Lisa N. Beckmann, Arthur O. Brown Apr 2022

A Felicitous Meme: The Eleventh Circuit Solves The Preiser Puzzle?, Lisa N. Beckmann, Arthur O. Brown

Mercer Law Review

This Article is about a legal phenomenon known as the Preiser Puzzle. More precisely, the article concerns a possible solution to the Preiser Puzzle articulated by the United States Court of Appeals for the Eleventh Circuit. In part, this Article has a descriptive aim: The Authors will explain the Eleventh Circuit’s solution both in the abstract (this section, below), and by giving issue–specific examples in section three that may prove useful to practitioners. Important issues at present include: (a) challenges to parole procedures, (b) method of execution challenges, and (c) requests for release from administrative segregation. Yet this Article also …


Aedpa Repeal, Brandon L. Garrett, Kaitlin Phillips Jan 2022

Aedpa Repeal, Brandon L. Garrett, Kaitlin Phillips

Faculty Scholarship

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) dramatically altered the scope of federal habeas corpus. Enacted in response to a domestic terrorism attack, followed by a capital prosecution, and after decades of proposals seeking to limit post conviction review of death sentences, and Supreme Court rulings severely limiting federal habeas remedies, AEDPA was ratified with little discussion or deliberation. The law and politics of death penalty litigation, which had been particularly active since the U.S. Supreme Court invalidated all death penalty schemes in its 1972 ruling in Furman v. Georgia, culminated in restrictions for all federal habeas …


Limiting Access To Remedies: Select Criminal Law And Procedure Cases From The Supreme Court's 2021-22 Term, Eve Brensike Primus, Justin Hill Jan 2022

Limiting Access To Remedies: Select Criminal Law And Procedure Cases From The Supreme Court's 2021-22 Term, Eve Brensike Primus, Justin Hill

Articles

Although the most memorable cases from the Supreme Court’s 2021-22 Term were on the civil side of its docket, the Court addressed significant cases on the criminal side involving the Confrontation Clause, capital punishment, double jeopardy, criminal jurisdiction in Indian Country, and important statutory interpretation principles, such as the mens rea presumption and the scope of the rule of lenity. Looking back, the Court’s decisions limiting individuals’ access to remedies for violations of their constitutional criminal procedure rights stand out. Shinn v. Ramirez and Shoop v. Twyford drastically limit the ability of persons incarcerated in state facilities to challenge the …