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For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"—these are modern idioms—but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

The Habeas Corpus ManuelThis book is written specifically for the pro se inmate. Within its pages lay the necessary information, process, and instruction necessary in obtaining relief in your state habeas corpus.From the initial investigation through the filing of your writ of habeas corpus, you are provided effective forms, motions, and detailed instructions specific to state level habeas corpus.Armed with this book, relief is only a few pages away if done properly and effectively. Any pro se inmate serious about post-conviction relief should order a copy. Even if you aren’t an inmate and are looking to overturn a conviction, sentence, etc. this is the book for you.Includes hundreds of case cites and actual opinions for you to use.

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"—these are modern idioms—but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.

The Habeas Corpus ManuelThis book is written specifically for the pro se inmate. Within its pages lay the necessary information, process, and instruction necessary in obtaining relief in your state habeas corpus.From the initial investigation through the filing of your writ of habeas corpus, you are provided effective forms, motions, and detailed instructions specific to state level habeas corpus.Armed with this book, relief is only a few pages away if done properly and effectively. Any pro se inmate serious about post-conviction relief should order a copy. Even if you aren’t an inmate and are looking to overturn a conviction, sentence, etc. this is the book for you.Includes hundreds of case cites and actual opinions for you to use.

Habeas Viscus focuses attention on the centrality of race to notions of the human. Alexander G. Weheliye develops a theory of "racializing assemblages," taking race as a set of sociopolitical processes that discipline humanity into full humans, not-quite-humans, and nonhumans. This disciplining, while not biological per se, frequently depends on anchoring political hierarchies in human flesh. The work of the black feminist scholars Hortense Spillers and Sylvia Wynter is vital to Weheliye's argument. Particularly significant are their contributions to the intellectual project of black studies vis-à-vis racialization and the category of the human in western modernity. Wynter and Spillers configure black studies as an endeavor to disrupt the governing conception of humanity as synonymous with white, western man. Weheliye posits black feminist theories of modern humanity as useful correctives to the "bare life and biopolitics discourse" exemplified by the works of Giorgio Agamben and Michel Foucault, which, Weheliye contends, vastly underestimate the conceptual and political significance of race in constructions of the human. Habeas Viscus reveals the pressing need to make the insights of black studies and black feminism foundational to the study of modern humanity.

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

    From the McDonald’s hot coffee case to the cattle ranchers’ beef with Oprah Winfrey, from the old English "Assize of Bread" to current nutrition labeling laws, what we eat and how we eat are shaped as much by legal regulations as by personal taste. Barry M. Levenson, the curator of the world-famous (really!) Mount Horeb Mustard Museum and a self-proclaimed "recovering lawyer," offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law.    Discover how Mr. Peanut shaped the law of trademark infringement for the entire food industry. Consider the plight of the restaurant owner besmirched by a journalist’s negative review. Find out how traditional Jewish laws of kashrut ran afoul of the First Amendment. Prison meals, butter vs. margarine, definitions of organic food, undercover ABC reporters at the Food Lion, the Massachusetts Supreme Court case that saved fish chowder, even recipes—it’s all in here, so tuck in!

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device.In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"―these are modern idioms―but the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law.Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantánamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

A book about what the Cambridge Analytica scandal shows: That surveillance and data privacy is every citizens’ concernAn important look at how 50 years of American privacy law is inadequate for the today's surveillance technology, from acclaimed Ars Technica senior business editor Cyrus Farivar.Until the 21st century, most of our activities were private by default, public only through effort; today anything that touches digital space has the potential (and likelihood) to remain somewhere online forever. That means all of the technologies that have made our lives easier, faster, better, and/or more efficient have also simultaneously made it easier to keep an eye on our activities. Or, as we recently learned from reports about Cambridge Analytica, our data might be turned into a propaganda machine against us.  In 10 crucial legal cases, Habeas Data explores the tools of surveillance that exist today, how they work, and what the implications are for the future of privacy.

This is the 2018 paperback printing of the casebook published in 2011. Federal Habeas Corpus: Cases and Materials in its second edition includes the six years of legal development under AEDPA, takes on the thorny issues arising from the Guantanamo cases, and tackles equitable tolling. The casebook also covers the basics of habeas corpus jurisprudence as well as the history of the great writ. Fourteen chapters long, the casebook includes the leading cases and other materials on: 1. The Great Writ, 2. Introduction to AEDPA, 3. The Statute of Limitations, 4. When Is a Claim Cognizable?, 5. Types of Cognizable Claims, 6. Limiting Access to Federal Review, 7. Innocence, 8. Exhaustion of State Remedies and Equitable Tolling, 9. Procedural Default, 10. Successive Petitions, 11. Litigating Questions of Fact, 12. Litigating Questions of Deference: When AEDPA Doesn't Apply, 13. Harmless Error, and 14. Guantanamo Bay.

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This is the 2018 paperback printing of the casebook published in 2011. Federal Habeas Corpus: Cases and Materials in its second edition includes the six years of legal development under AEDPA, takes on the thorny issues arising from the Guantanamo cases, and tackles equitable tolling. The casebook also covers the basics of habeas corpus jurisprudence as well as the history of the great writ. Fourteen chapters long, the casebook includes the leading cases and other materials on: 1. The Great Writ, 2. Introduction to AEDPA, 3. The Statute of Limitations, 4. When Is a Claim Cognizable?, 5. Types of Cognizable Claims, 6. Limiting Access to Federal Review, 7. Innocence, 8. Exhaustion of State Remedies and Equitable Tolling, 9. Procedural Default, 10. Successive Petitions, 11. Litigating Questions of Fact, 12. Litigating Questions of Deference: When AEDPA Doesn't Apply, 13. Harmless Error, and 14. Guantanamo Bay.

Brand New! Usually ships within one business day! This item is: Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation (University Casebook Series), Garrett, Kovarsky; 2nd ed., 2024; '; ISBN: 9781684678662. For fastest delivery, choose Expedited Shipping. We represent the Internet's largest independent legal bookstore!

Format Hardcover 1980 Publisher Greenwood Press

Format Hardcover 1980 Publisher Greenwood Press

Like New condition. Great condition, but not exactly fully crisp. The book may have been opened and read, but there are no defects to the book, jacket or pages. 0.9

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