Opt-in provisions are finalized

The Justice Department has issued the final version of its controversial AEDPA opt-in/fast track regulations. These will go into effect on January 10, 2009, at which time states may ask the DOJ for certification under the new rules. However, since the new administration will be left with the task of administering the regs, it is unclear how the certification process will be handled, or whether (hopefully) the regs will be revisited altogether. We will keep you posted as we learn more, and hope that you will do the same.