Habeas corpus, relitigation, and the legislative power
Article Abstract:
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) abrogates the rule of de novo judicial review of mixed questions of law and fact and its constitutionality. The AEDPA falls within the scope of powers of Congress to specify the preclusion effected by state judgments, to curtail the jurisdiction of lower federal courts, and to limit the scope of congressional remedies. So long as it does not unconstitutionally discriminate or violate some constitutional provision, Congress has plenary authority over each of these areas, which this statute does not not.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1998
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Rights essentialism and remedial equilibration
Article Abstract:
The distinction between constitutional rights and remedies that courts and scholars routinely draw has little validity when subjected to rigorous analysis. The rights/remedies distinction props up the illusion that rights are based on pure constitutional analysis while remedies are fact-specific. In actual adjudication, this distinction disappears. This realization has broad implications for the division of authority between courts and the political branches of government, for the proper enforcement of constitutional rights, and for judicial review.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1999
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Marbury, original jurisdiction, and the Supreme Court's supervisory powers
Article Abstract:
The author examines Chief Justice John Marshall's decision in the Marbury v. Madison case. Though some of the criticism of the decision as essentially political is valid, there is evidence that Marshall based it on solid interpretations of the Judiciary Act of 1789 and article 3 of the U.S. Constitution. The implications of this for the supervisory powers of the Supreme Court are examined.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001
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- Abstracts: Heading back to the thicket: voting district cases pose politically and racially charges questions. Stuntpersons add drama to cases; accidents are re-created to support litigants' version of events
- Abstracts: Checklist for internal investigations - practical pointers to remember during an internal investigation. Between a rock and a hard place: internal corporate investigations and the attorney-client privilege
- Abstracts: The distinction between legislative and adjudicative decisions. Memorial essays: Professor Lawrence P. King
- Abstracts: America's inventors have arrived (and we thought they were "invisible.") Re-discovering Article 1, Section 8 - the formula for first-to-invent