Apocalypse next time?: the anachronistic attack on habeas corpus/direct review parity

Article Abstract:

The US Supreme Court in Wright v West raised the issue of whether the current parity between habeas corpus review in district courts and direct review in the Supreme Court should be continued. The issue was left undecided in that case but will probably be raised again. Justice O'Connor's analysis in support of maintaining parity would be strengthened by a recognition that habeas corpus was historically intended to be an appeal modeled on writ of error review. The fallacious view that habeas corpus is an original civil action derives from an influential article by Paul M. Bator published in 1963.

Cases, History, Appellate procedure, Appeals (Law), Habeas corpus

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"Some effectual power": the quantity and quality of decisionmaking required of Article III courts

Article Abstract:

An analysis of Article III and the Supremacy Clause shows that federal judicial review is the principal way for keeping federal law supreme over state law. An Article III court must decide the whole federal question independently and impose a remedy applying supreme law and neutralizing contrary law. Applying these principles, the qualified immunity and Teague v. Lane doctrines, and one reading of section 2254(d)(1) of the Antiterrorism and Effective Death Penalty Act are constitutional, and the Fifth, Seventh and Eleventh Circuit's reading of this section is unconstitutional.

Laws, regulations and rules, Federal-state controversies

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The overproduction of death

Article Abstract:

The author examines criminal procedural incentives which lead to an increasing number of death sentences, the lack of procedures to curb prosecution seeking death sentences, and the failure of trial procedures in capital cases. He then offers a 10-part plan to reform capital trial procedures to curb these incentives.

United States, Analysis, Criminal procedure, Capital punishment

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