Abstract

This is a brief essay on the emergence of an esoteric legal doctrine, or, more precisely, on the confluence of several legal doctrines. It is also a brief snapshot of how the Supreme Court hopes, or believes, that some of its esoteric doctrines of criminal procedure and jurisdiction can play a role in the amorphous social campaign to fight violent crime in America. The essential point is this: in a pair of decisions handed down this Term,' the Supreme Court substantially eviscerated federal habeas corpus jurisdiction as an instrument for constitutional law. And though we know no motives for Supreme Court cases other than those announced in the decisions, one can speculate that the Court was simply frustrated with the inadequacy of the execution rate of America's death row inmates.

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