New Article on Federal Habeas Corpus

The New Negative Habeas Equityby Professor Lee Kovarsky of University of Texas School of Law, discusses recent Supreme Court jurisprudence that "asserts discretionary authority for lower courts to reject relief to which claimants are otherwise entitled." Professor Kovarsky's essay urges skepticism about the Supreme Court's analysis, which he argues "relies on a superficial literalism that is impossible to square with statutory context, structure, and history."