Oral Argument

Episode 84: Felker’s Chickens

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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 Thickens…
  • Steve Vladeck, Is the Solicitor General Playing a Shell Game With the Supreme Court Over Johnson Retroactivity?
  • Steve’s (and others’) amicus brief in In re Butler on behalf of law professors

    • Special Guest: Steve Vladeck.

    ...more
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    Oral ArgumentBy Joe Miller and Christian Turner
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