Masthead and Table of Contents Foreword by Hon. Adalberto Jordan Articles The Non-Waivability of AEDPA Deference’s Applicability by Andrew L. Adler Teague New Rules Must Apply in Initial-Review Collateral Proceedings: The Teachings of Padilla, Chaidez and Martinez by Rebecca Sharpless & Andrew Stanton Shoot to Kill: A Critical Look at Stand Your Ground Laws by […]
BY SAMUEL W. WARDLE — State regulation of end-of-life care is about nothing more or less than the government’s relationship to its citizens’ most intimate personal choices. And while most people agree, at least superficially, that individuals should be free to refuse futile and painful medical treatment, this area of the law is nevertheless fraught […]
BY TAMARA RICE LAVE — On November 14, 2007, 61-year-old retiree Joe Horn called 911 to report that two African-American men had broken into the house next door to him in Pasadena, Texas. Two months earlier, on September 1, Texas’ recently enacted Castle Law (modeled on Florida’s Stand Your Ground law) went into effect. Horn […]
BY REBECCA SHARPLESS & ANDREW STANTON — In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their non-citizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime. After his conviction became final, he filed a state […]
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 […]
