I would look this up to refresh my memory, but I've loaned out the book. As I recall, states have a higher burden of proof than the federal government. It had t

I would look this up to refresh my memory, but I've loaned out the book. As I recall, states have a higher burden of proof than the federal government. It had to do with most states being bound by English common law tradition, whereas the feds have exempted themselves. So, a writ of habeas corpus, for example, is further undermined at the federal level [1]. [1] http://scholar.google.com/scholar_case?case=13596761522993185173&hl=en&as_sdt=2&as_vis=1&oi=scholarr http://scholar.google.com/scholar_case?case=1359676152299318...