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Article: Initiating a new constitutional dialogue: the increased importance under AEDPA of seeking certiorari from judgments of state courts. (Antiterrorism and Effective Death Penalty Act of 1996)
- Article from:
- William and Mary Law Review
- Article date:
- October 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ABSTRACT
The Antiterrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner's petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, we assess this provision 's impact on the development or federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a "dialogue" (as described by Robert M. Cover and T. Alexander ...