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.ohear@marquette.edu.
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
