Abstract

http://ssrn.com/abstract=2127809
 


 



Feeling Inadequate?: The Struggle to Define the Savings Clause in 28 U.S.C. § 2255


Nicholas Matteson


affiliation not provided to SSRN

April 17, 2012

Boston College Law Review, Vol. 53, p. 1, Forthcoming

Abstract:     
This Note discusses the enactment of 28 U.S.C. § 2255 and the fundamental changes the AEDPA brought to that statute. It then considers attempts by the U.S. Courts of Appeal to define the term “inadequate or ineffective,” the operative language of the savings clause. This Note argues that all of the tests adopted by the Courts of Appeal are fundamentally flawed when considered against all of the interests relevant to the statutory interpretation of § 2255. Finally,it proposes a new test to govern the operation of the savings clause that avoids the pitfalls of the tests adopted by the Courts of Appeal.

Number of Pages in PDF File: 36

Keywords: 28 U.S.C. § 2255, savings clause, inadequate or ineffective

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Date posted: August 10, 2012  

Suggested Citation

Matteson, Nicholas, Feeling Inadequate?: The Struggle to Define the Savings Clause in 28 U.S.C. § 2255 (April 17, 2012). Boston College Law Review, Vol. 53, p. 1, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2127809

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