Criminal Law and Procedure

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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

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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

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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

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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...

 

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Habeas Verité, 47 Tulsa Law Review 13 (2011)

Three recent books from varied academic disciplines demonstrate that habeas is as much about power...

 

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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...

 

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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

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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

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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,...