Felker’s Chickens

About this Episode

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