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THE AEDPA CHAINS OF NO-FREEDOM <><><><><><><>
Poast new message in this thread
Date: February 16th, 2012 5:16 PM Author: floppy orchid house 180 piece of legislation, yo (antimatter slim shady man) (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977595) |
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Date: February 16th, 2012 5:18 PM Author: Smoky pistol http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1957797 (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977605) |
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Date: February 16th, 2012 5:19 PM Author: floppy orchid house ssm links me to article entitled "A Crisis In My Ass," why? (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977610) |
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Date: February 16th, 2012 5:19 PM Author: Smoky pistol Everyone recognizes that federal habeas doctrine is a mess. Broad change is necessary, but to be effective, such change must be animated by an overarching theory that explains when federal courts should exercise habeas jurisdiction. (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977614) |
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Date: February 16th, 2012 5:21 PM Author: floppy orchid house nothing faggier than when ppl call it "the Great Writ." I knew this bleeding heart libpedo coa clerk, he wrote this MAF death penalty dissent, all like (sniveling) "the majority's running roughshod over our special little great writ!" (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977624) |
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Date: February 16th, 2012 5:23 PM Author: Smoky pistol i really recommend this piece by prof vladeck. its nicely written and will explain to you the venerable genealogical origins of the writ
http://www.harvardlawreview.org/media/pdf/vol124_vladeck.pdf |
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Date: February 16th, 2012 5:25 PM Author: floppy orchid house we coa clerks don't need to understand the venerable genealogical origins of the writ, we just apply the iron chains of AEDPA and no-freedom that hoe (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977654) |
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Date: February 16th, 2012 5:26 PM Author: Smoky pistol like some bullshit like this http://www.ca2.uscourts.gov/decisions/isysquery/efed5fde-3e04-4f7b-9394-dca7c59e1079/6/doc/10-1039_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/efed5fde-3e04-4f7b-9394-dca7c59e1079/6/hilite/ (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977657) |
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Date: February 16th, 2012 5:28 PM Author: floppy orchid house even w/o aedpa this case comes out the same way, constitutionally insufficient evidence is an impossible burden to meet just under the substantive law of that shit, prior to standard of review considerations (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977681) |
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Date: February 16th, 2012 5:27 PM Author: floppy orchid house seriously, like, if you're doing some big case on the scope of the writ like boumediene or some such shit, then yeah this shit matters, but in your run of the mill case, fact is the writ has been constrained to these weird limitations and that's just what we do, all this history is neither here nor there (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977664) |
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Date: February 16th, 2012 5:28 PM Author: Smoky pistol i just linked it so u can develop some respect for the writ (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977684) |
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Date: February 16th, 2012 5:29 PM Author: floppy orchid house I respect Congress/SCOTUS (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977687) |
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Date: February 16th, 2012 5:30 PM Author: Smoky pistol http://habeascorpusblog.typepad.com/
lol at this front page! |
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Date: February 16th, 2012 5:32 PM Author: floppy orchid house not too impressed with this guy, you better learn to write better/less hackishly and fringily if you want dat prestigious d. ct. clerkship (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977699) |
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Date: February 16th, 2012 5:33 PM Author: Smoky pistol As I have said many times before, it is completely unfair to give state courts preclusive authority on such a decision. I only wish the standard in habeas cases was "no just system could tolerate the result." It would make the Court want to reconsider what they did in Pinholster (well, except for Thomas and Scalia).
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Date: February 16th, 2012 5:35 PM Author: floppy orchid house why was I just thinking the other day about pinholster (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977717) |
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Date: February 16th, 2012 5:36 PM Author: Smoky pistol http://www.johntfloyd.com/blog/2011/12/17/the-impact-of-pinholster-on-newly-discovered-evidence-and-brady-violations/ (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977721) |
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Date: February 16th, 2012 5:38 PM Author: floppy orchid house yeah that's totally not why. (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977730) |
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Date: February 16th, 2012 5:39 PM Author: Smoky pistol this is fucked up
http://www.cadc.uscourts.gov/internet/opinions.nsf/86507E518F36FEC08525799D0054D4AD/$file/10-5292.pdf |
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Date: February 16th, 2012 5:41 PM Author: floppy orchid house I'm sure it's not (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19977746) |
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Date: February 24th, 2012 8:18 PM Author: Smoky pistol (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046674) |
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Date: February 24th, 2012 8:18 PM Author: floppy orchid house (seriously mentally ill closeted faggot) (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046679) |
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Date: February 24th, 2012 8:20 PM Author: Smoky pistol As Justice Alito points out in his concurring and dissenting opinion in Padilla, immigration law is often extremely complex. AEDPA strictures make even more daunting for the practitioner, forcing one to maze through its ever-so bewildering scheme of cross-references. (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046690) |
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Date: February 24th, 2012 8:22 PM Author: floppy orchid house no one with a brain is bewildered by that shit (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046699) |
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Date: February 24th, 2012 8:25 PM Author: Smoky pistol So Alito was wrong to suggest that the Immigration Code is comparable in complexity with the Tax Code, oh scholar? (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046712) |
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Date: February 24th, 2012 8:26 PM Author: floppy orchid house nah, you're wrong, or the person you're quoting is wrong, to suggest that aedpa is a bewildering maze of cross-references (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046717) |
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Date: February 24th, 2012 8:27 PM Author: Smoky pistol AEDPA amended the immigration code substantially. Equally blameworthy is the heinous Illegal Immigration and Immigrant Responsibility Act (IRAIRA). (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046729) |
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Date: February 24th, 2012 8:28 PM Author: floppy orchid house faggot (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046731) |
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Date: February 24th, 2012 8:28 PM Author: Smoky pistol Jean Bodin provided perhaps the first of these explicit accounts in political theory, by defining sovereignty as “the highest power of command” and “the absolute and perpetual power of a commonwealth.”43 This tradition is carried forward by Thomas Hobbes and Benedict de Spinoza, both of whom considered the sovereign as constituting the supreme law-making authority, free from limitation on its actions.44 In legal and constitutional theory this tradition is represented by the classical positivism of John Austin, who understood law as simply the command of the sovereign backed by force.45 (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#20046733) |
Date: February 17th, 2012 9:59 PM Author: floppy orchid house (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#19987676) |
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Date: October 28th, 2025 11:39 PM Author: ,.,..,.,..,.,.,.,..,.,.,,..,..,.,,..,.,,. (http://www.autoadmit.com/thread.php?thread_id=1875961&forum_id=2.#49383843) |