New Issue of FSR Assesses ’96 Reforms of Habeas and Prisoner Rights Litigation

In a single month sixteen years ago, April 1996, Congress adopted sweeping changes to both habeas corpus and prisoner rights litigation through the Antiterrorism and Effective Death Penalty Act and the Prison Litigation Reform Act.  A new issue of the Federal Sentencing Reporter (edited by yours truly) now assesses the legacy of the AEDPA and PLRA.  The issue includes much insightful commentary by leading scholars and practitioners.  A list of the authors and article titles appears after the jump.

Although the issue is now out in hard copy, the contents are not yet available through the FSR website.  Stay tuned.  In the meantime, I do have a few extra copies of the issue and would be happy to send them to interested readers of this blog.  You can request a copy by emailing me at



Michael M. O’Hear, Editor’s Observations, Not So Sweet: Questions Raised by Sixteen Years of the PLRA and AEDPA

Prison Litigation Reform Act

Elizabeth Alexander, Isn’t It Ironic?  The “Particular Plaintiffs” Provision of the PLRA

Michele Deitch, The Need for Independent Prison Oversight in a Post-PLRA World

Sharon Dolovich, Forms of Deference in Prison Law

David C. Fathi, The Prison Litigation Reform Act: A Threat to Civil Rights

Susan N. Herman, Prison Litigation Reform Acts

Michael B. Mushlin, Unlocking the Courthouse Door: Removing the Barrier of the PLRA’s Physical Injury Requirement to Permit Meaningful Judicial Oversight of Abuses in Supermax Prisons and Isolation Units

James E. Robertson, The Prison Litigation Reform Act as Sex Legislation: (Imagining) a Punk’s Perspective of the Act

Giovanna Shay, Exhausted

Antiterrorism and Effective Death Penalty Act

Lynn Adelman & Jon Deitrich, Why Habeas Review of State Court Convictions Is More Important Than Ever

Eric M. Freedman, State Post-Conviction Remedies in the Next Fifteen Years: How Synergy Between State and Federal Governments Can Improve the Criminal Justice System Nationally

Joseph L. Hoffman, Innocence and Federal Habeas after AEDPA: Time for the Supreme Court to Act

Nancy J. King, Non-Capital Habeas Cases after Appellate Review: An Empirical Analysis

Daniel J. O’Brein, Heeding Congress’s Message: The United States Supreme Court Bars Federal Courthouse Doors to Habeas Relief Against All but Irrational State Court Decisions, and Oftentimes Doubly So

Larry Yackle, AEDPA Mea Culpa