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Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences
This Article tells the story of how shifts in state sentencing policy collided with shifts in federal habeas policy to produce a tangled and costly doctrinal wreck. It also proposes a simple solution...
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Death Ineligibility and Habeas Corpus
The Supreme Court has recently declared several categories of prisoners, such as juvenile and mentally retarded offenders, to be categorically ineligible for capital punishment under the Eighth...
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Rethinking The Federal Role in State Criminal Justice
It is time for Congress to end its fifty-year experiment in post hoc federal court enforcement of constitutional criminal procedure. By clinging to ineffectual federal habeas review of state criminal...
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Habeas and (Non-)Delegation
At its core, the Constitution’s Suspension Clause protects against arbitrary executive imprisonment. For this reason, the Supreme Court has consistently interpreted the Clause to require that Congress...
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