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Article
AEDPA's Wrecks: Comity, Finality, and Federalism
Faculty Scholarship
  • Lee B. Kovarsky, University of Maryland Francis King Carey School of Law
Document Type
Article
Publication Date
1-1-2007
Keywords
  • habeas corpus,
  • AEDPA
Comments

Reprinted with the permission of the Tulane Law Review Association, which holds the copyright

Abstract

Over the last decade, federal courts have internalized the idea that interpretations of the Antiterrorism and Effective Death Penalty Act (AEDPA) should disfavor habeas relief. This Article explores the strange legislative history surrounding AEDPA's passage and the resulting problems in using 'comity, finality, and federalism' to express this interpretive mood. It demonstrates that such a simplistic reading of habeas reform is deeply misguided. Through the use of public choice and related models, the Article explores the roots of this interpretive problem. It ultimately rejects any attempt to characterize AEDPA by reference to legislative purpose.

Journal
82 Tulane Law Review 443 (2007).
Disciplines
Citation Information
82 Tulane Law Review 443 (2007).