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Not So Sweet: Questions Raised by Sixteen Years of the PLRA and AEDPA

7 Pages Posted: 7 Jan 2013  

Michael M. O'Hear

Marquette University - Law School

Date Written: 2012

Abstract

In 1996, Congress adopted two sweeping statutes that were intended to restrict the ability of prisoners to obtain redress in federal court for violations of their constitutional rights. This essay introduces an issue of the Federal Sentencing Reporter assessing the legacy of these two laws, the Antiterrorism and Effective Death Penalty and Prison Litigation Reform Acts, and considers the extent to which these statutes highlight structural flaws in the way that the political and legal systems engage with prisoner litigation.

Keywords: habeas corpus, prisoner-rights, constitutional rights, criminal, sentences, AEDPA, PLRA

Suggested Citation

O'Hear, Michael M., Not So Sweet: Questions Raised by Sixteen Years of the PLRA and AEDPA (2012). Federal Sentencing Reporter, Vol. 24, No. 4, April 2012; Marquette Law School Legal Studies Paper No. 13-01. Available at SSRN: https://ssrn.com/abstract=2196661

Michael M. O'Hear (Contact Author)

Marquette University - Law School ( email )

Sensenbrenner Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
414-288-3587 (Phone)
414-288-5914 (Fax)

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