Rewriting the great writ: standards of review for habeas corpus under the new 28 U.S.C. s. 2254

Article Abstract:

Revisions to 28 U.S.C. 2254 enacted in 1996 under the Antiterrorism and Effective Death Penalty Act have changed the standards of review for habeas corpus appeals from state courts. The standards for questions of law and mixed questions of law and fact appear to have become more stringent and more deferential to the state trial court, but the statute is still open to interpretation. Courts applying section 2254 should balance the protections habeas is intended to offer and the expediency Congress was hoping to promote.

Standards, Law and fact, Judicial restraint

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Powers of Congress and the court regarding the availability and scope of review

Article Abstract:

The author discusses the power of the federal courts in reviewing state court determinations of habeas corpus claims. Williams v. Taylor, a 2000 case in which the Supreme Court interpreted the Antiterrorism and Effective Death Penalty Act of 1996 as requiring deferential review, is discussed, along with implications of the Williams decision on direct review of constitutional claims.

Analysis, Federalism, Appellate procedure, Appeals (Law), Powers and duties, United States. Congress

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What we talk about when we talk about persons: the language of a legal fiction

Article Abstract:

The theory and practice of the term person as it is used in the law is discussed, with emphasis on the problems and ambiguities related to giving legal meaning to human non-persons, like slaves, nonhuman persons, such as corporations, and borderline persons, like fetuses.

Interpretation and construction, Corporation law, Slavery, Persons (Law), Unborn children (Law), Personhood

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