The Non-Waivability of AEDPA Deference’s Applicability

By ANDREW L. ADLER — At the center of modern-day federal habeas jurisprudence is the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Designed by Congress to “further the principles of comity, finality, and federalism,” AEDPA dramatically changed the law of habeas corpus. Nowhere were these changes felt more than in the context of habeas petitions brought by state prisoners, which represent the “overwhelming majority of the federal habeas docket.” Read More

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