AEDPA's Wrecks: Comity, Finality, and Federalism

Authors

Lee B. Kovarsky, University of Maryland Francis King Carey School of LawFollow

Document Type

Article

Publication Date

2007

Keywords

habeas corpus, AEDPA

Comments

Reprinted with the permission of the Tulane Law Review Association, which holds the copyright

Abstract

Over the last decade, federal courts have internalized the idea that interpretations of the Antiterrorism and Effective Death Penalty Act (AEDPA) should disfavor habeas relief. This Article explores the strange legislative history surrounding AEDPA's passage and the resulting problems in using 'comity, finality, and federalism' to express this interpretive mood. It demonstrates that such a simplistic reading of habeas reform is deeply misguided. Through the use of public choice and related models, the Article explores the roots of this interpretive problem. It ultimately rejects any attempt to characterize AEDPA by reference to legislative purpose.

Publication Citation

82 Tulane Law Review 443 (2007).

Disciplines

Constitutional Law

Digital Commons Citation

82 Tulane Law Review 443 (2007).