Criminal Law and Procedure
AEDPA's Wrecks: Comity, Finality, and Federalism, 82 Tulane Law Review 443 (2007)
Over the last decade, federal courts have internalized the idea that interpretations of the Antiterrorism...
Courts
AEDPA's Wrecks: Comity, Finality, and Federalism, 82 Tulane Law Review 443 (2007)
Over the last decade, federal courts have internalized the idea that interpretations of the Antiterrorism...
Jurisdiction
AEDPA's Wrecks: Comity, Finality, and Federalism, 82 Tulane Law Review 443 (2007)
Over the last decade, federal courts have internalized the idea that interpretations of the Antiterrorism...
Constitutional Law
A Constitutional Theory of Habeas Power, 99 Virginia Law Review (2013)
Modern habeas corpus law generally favors an idiom of individual rights, but the Great Writ’s...
Federal Habeas Corpus: Executive Detention and Post-conviction Litigation (with Brandon Garrett), Book Gallery (2013)
This casebook is the first to cover federal habeas corpus comprehensively, presenting post-conviction review and...
Habeas Verité, 47 Tulsa Law Review 13 (2011)
Three recent books from varied academic disciplines demonstrate that habeas is as much about power...
Original Habeas Redux, 97 Virginia Law Review 61 (2011)
This article explores what is perhaps the Supreme Court’s most exotic appellate power— its authority...
Death, Ineligibility and Habeas Corpus, 95 Cornell Law Review 329 (2010)
I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ....
Cyberspace Law
Tolls on the Information Superhighway: Entitlement Defaults for Clickstream Data, 89 Virginia Law Review 1037 (2003)
This paper addresses the collection of "clickstream data," and sets forth a theory about the...
Intellectual Property
A Technological Theory of the Arms Race, 81 Indiana Law Journal 917 (2006)
Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology,...