84: Felker’s Chickens
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December 25, 2015
It’s a Christmas miracle! Steve Vladeck joins us again! He helps us understand how the Contract with America and a thicket of federal law have resulted in people remaining in prison even though their sentences are based on laws that have been found unconstitutional. Happy Holidays! This show’s links: Steve Vladeck’s faculty profile and writing Steve Vladeck, How an Obscure SCOTUS Procedure Can Solve AEDPA’s Retroactivity Catch-22 (and a Growing Circuit Split) Teague v. Lane About the AEDPA Brown v. Allen (Justice Jackson in concurrence: “There is no doubt that if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final.”) It was 100,000 cops on the beat, not 1 million. We regret the error. (1 million? Really?) About the Contract with America Tyler v. Cain Felker v. Turpin Johnson v. United States Steve Vladeck, The Johnson Retroactivity Circuit Split Plot…