AEDPA and the PLRA After 25 Years Case Western Reserve Law Review Symposium

This year marks the twenty-fifth anniversary of the passage of two significant federal statutes. The Antiterrorism and Effective Death Penalty Act sought to recalibrate the relationship between state and federal courts by limiting the scope of federal habeas corpus review of state criminal convictions and by restricting the availability of federal habeas relief. The Prison Litigation Reform Act limited the availability of federal relief for prisoners by codifying exhaustion requirements, mandating full payment of filing fees, requiring a physical injury as a basis for recovery for mental or emotional injury, and adding a “three strikes” rule that bars prisoner access to federal court in certain circumstances.

The Case Western Reserve Law Review will sponsor a symposium examining these laws in the quarter-century since their adoption. Among the issues to be explored are the statutes’ impact on persons and communities of color, the ability of prisoners to obtain meaningful judicial relief, the health consequences for prisoners during the COVID-19 pandemic, the ability of the federal courts to address prisoner claims, and the relationship between state and federal courts.

These questions and others will be addressed at a daylong conference on November 12, 2021. The program will feature a wide range of legal scholars, judges, and lawyers who deal with AEDPA and PLRA issues. The symposium is co-sponsored by the Federal Litigation Section of the Federal Bar Association and the Northern District of Ohio chapter of the FBA; the Attorney Admissions Fund of the United States District Court for the Northern District of Ohio has also provided financial support.

Symposium Schedule

8:30 a.m.—Welcome and Introduction

8:45-–10:15 a.m.—Panel 1: The Burdens Placed on Pandemic Relief for Imprisoned Persons

• Ayesha Bell Hardaway, Case Western Reserve University School of Law, Moderator
• Margo Schlanger, University of Michigan School of Law
• Dr. Hadar Aviram, UC Hastings School of Law
• Nancy King, Vanderbilt School of Law

This panel will focus on the burdens AEDPA and the PLRA have placed on pandemic relief for imprisoned persons.

10:15 a.m. Break

10:30 a.m.–noon—Panel 2: Perspectives from Practitioners

• Michael Benza, Case Western Reserve University School of Law, Moderator
• Duncan Brown, U.S. Attorneys Office
• Dennis Terez, prior chief federal public defender (NDOH)

This panel will focus on AEDPA and the PLRA from the perspective of practicing lawyers

Noon: Break/Lunch

1:15–2:45 p.m.—Panel 3: Limitations and Reform of AEDPA & the PLRA

• Bryan Adamson, Case Western Reserve University School of Law, Moderator
• William Carter, University of Pittsburgh School of Law
• Lee Kovarsky, University of Texas at Austin
• Paul Larkin, Heritage Foundation
• Judge J. Phillip Calabrese, United States District Court for the Northern District of Ohio

This panel will discuss the limitations of the PLRA and AEDPA and various ways to address these deficiencies.

2:45 p.m. Break

3 p.m. Panel 4: A Judge’s Perspective

• Jonathan Entin, Case Western Reserve University School of Law, Moderator
• Judge Karen Nelson Moore, United States Court of Appeals for the Sixth Circuit
• Judge Solomon Oliver, Jr., United States District Court for the Northern District of Ohio
• Magistrate Judge Michael R. Merz, United States District Court for the Southern District of Ohio

This panel will discuss AEDPA and the PLRA from the perspective of federal judges.

4:30 p.m. Closing remarks

CLE Reading Materials

Increasing COVID-19 cases within Northeast Ohio have prompted Case Western Reserve to resume its requirement that masks be worn indoors until further notice. In addition, only those who are fully vaccinated (two weeks past their final dose) should attend any campus event. Leaders continue to monitor pandemic developments and may need to adjust health protocols further as circumstances warrant. In-person is subject to change based on COVID-19 guidelines.