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Author : Daniel John Meador
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.3/5 (91 download)
Download or read book Habeas Corpus and Magna Carta; Dualism of Power and Liberty written by Daniel John Meador and published by . This book was released on 1966 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James F. Johnston
Publisher : Gale Cengage Learning
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.A/5 ( download)
Download or read book The Suspending Power and the Writ of Habeas Corpus written by James F. Johnston and published by Gale Cengage Learning. This book was released on 1862 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anthony Gregory
Publisher : Cambridge University Press
ISBN 13 : 1107036437
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.
![Download Encyclopedia of American Civil Rights and Liberties [4 volumes] PDF Online Free](https://books.google.com/books/content/images/frontcover/CEXPEAAAQBAJ?fife=w200-h370)
Author : Kara E. Stooksbury
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 1922 pages
Book Rating : 4.2/5 (16 download)
Download or read book Encyclopedia of American Civil Rights and Liberties [4 volumes] written by Kara E. Stooksbury and published by Bloomsbury Publishing USA. This book was released on 2017-09-21 with total page 1922 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. This revised and expanded four-volume encyclopedia is unequaled for both the depth and breadth of its coverage. Some 650 entries address the full range of civil rights and liberties in America from the Colonial Era to the present. In addition to many updates of material from the first edition, the work offers 75 new entries about recent issues and events; among them, dozens of topics that are the subject of close scrutiny and heated debate in America today. There is coverage of controversial issues such as voter ID laws, the use of drones, transgender issues, immigration, human rights, and government surveillance. There is also expanded coverage of women's rights, gay rights/gay marriage, and Native American rights. Entries are enhanced by 42 primary documents that have shaped modern understanding of the extent and limitations of civil liberties in the United States, including landmark statutes, speeches, essays, court decisions, and founding documents of influential civil rights organizations. Designed as an up-to-date reference for students, scholars, and others interested in the expansive array of topics covered, the work will broaden readers' understanding of—and appreciation for—the people and events that secured civil rights guarantees and concepts in this country. At the same time, it will help readers better grasp the reasoning behind and ramifications of 21st-century developments like changing applications of Miranda Rights and government access to private Internet data. Maintaining an impartial stance throughout, the entries objectively explain the varied perspectives on these hot-button issues, allowing readers to draw their own conclusions.
Author : Jonathan Hafetz
Publisher : NYU Press
ISBN 13 : 9780814773437
Total Pages : 331 pages
Book Rating : 4.7/5 (734 download)
Download or read book Habeas Corpus after 9/11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2011-01-04 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. detention center at Guantánamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. It has come to epitomize lawlessness and has sparked protracted legal battles and political debate. For too long, however, Guantánamo has been viewed in isolation and has overshadowed a larger, interconnected global detention system that includes other military prisons such as Bagram Air Base in Afghanistan, secret CIA jails, and the transfer of prisoners to other countries for torture. Guantánamo is simply—and alarmingly—the most visible example of a much larger prison system designed to operate outside the law. Habeas Corpus after 9/11 examines the rise of the U.S.-run global detention system that emerged after 9/11 and the efforts to challenge it through habeas corpus (a petition to appear in court to claim unlawful imprisonment). Habeas expert and litigator Jonathan Hafetz gives us an insider’s view of the detention of “enemy combatants” and an accessible explanation of the complex forces that keep these systems running. In the age of terrorism, some argue that habeas corpus is impractical and unwise. Hafetz advocates that it remains the single most important check against arbitrary and unlawful detention, torture, and the abuse of executive power.
Author : Justin J. Wert
Publisher : University Press of Kansas
ISBN 13 : 0700636021
Total Pages : 304 pages
Book Rating : 4.7/5 (6 download)
Download or read book Habeas Corpus in America written by Justin J. Wert and published by University Press of Kansas. This book was released on 2023-09-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political-toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance. Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South. Especially in light of the new scrutiny of habeas corpus prompted by the Guantánamo detainees, Wert's book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed-because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.
Author : Amanda L. Tyler
Publisher : Oxford University Press
ISBN 13 : 0199856664
Total Pages : 465 pages
Book Rating : 4.1/5 (998 download)
Download or read book Habeas Corpus in Wartime written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Martin H. Redish
Publisher : Stanford University Press
ISBN 13 : 1503601846
Total Pages : 272 pages
Book Rating : 4.5/5 (36 download)
Download or read book Judicial Independence and the American Constitution written by Martin H. Redish and published by Stanford University Press. This book was released on 2017-03-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.
Author : Craig Bradley
Publisher : Cambridge University Press
ISBN 13 : 9780521859196
Total Pages : 424 pages
Book Rating : 4.8/5 (591 download)
Download or read book The Rehnquist Legacy written by Craig Bradley and published by Cambridge University Press. This book was released on 2006 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a legal biography of William Rehnquist of the U. S. Supreme Court.
Author : Robert M. Bastress
Publisher : Oxford University Press
ISBN 13 : 0199896380
Total Pages : 403 pages
Book Rating : 4.1/5 (998 download)
Download or read book The West Virginia State Constitution written by Robert M. Bastress and published by Oxford University Press. This book was released on 2016 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The West Virginia State Constitution provides a review of the history and development of West Virginia's Constitution and an updated section-by-section analysis of its meaning. The State has had two constitutions, the original that was ratified in 1863 and the current one that was initially adopted in 1872. Both were rooted in the several Virginia Constitutions that preceded them but also included major reforms that emerged out of ongoing disputes between the western and eastern regions of antebellum Virginia. Amendments in the thirties and between 1968 and 1982 modernized the Constitution. This history is recounted in Part I of the book. This second edition provides section-by-section analysis that describes the origins and evolutions of the provisions and, more importantly, summarizes the interpretations given to them by the West Virginia Supreme Court of Appeals over more than 150 years of the State's existence. The text reduces the case law to readily grasped concepts and cites the leading cases. A useful and convenient table of cases is provided, and a bibliography to facilitate more extensive or specific research is included. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Author : Peter J. Galie
Publisher : Springer Nature
ISBN 13 : 3030443019
Total Pages : 389 pages
Book Rating : 4.0/5 (34 download)
Download or read book Bills of Rights Before the Bill of Rights written by Peter J. Galie and published by Springer Nature. This book was released on 2020-09-14 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a documentary history of the rights found in the American state constitutions adopted between 1776 and 1790. Despite the rich tradition of rights at the state level, rights in America have been identified almost exclusively with the national Bill of Rights. Indeed, there is no work that provides a comprehensive treatment of the early state declarations of rights. Rather, these declarations have been viewed as halting first steps towards the adoption of the national Bill of Rights in 1791. Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents America’s first tradition of rights on its own terms and as part of this country’s heritage of rights. Early chapters will examine the sources of these rights and provide a comparative framework. An introduction to each chapter will review that state’s colonial history, focusing on any charters or legislation related to rights protections that help explain its constitutional provisions. This work will make it possible for students, scholars, and interested citizens to rediscover the first fruits of the American Revolution.
Author : United States. Congress
Publisher :
ISBN 13 :
Total Pages : 1974 pages
Book Rating : 4.:/5 (319 download)
Download or read book Reports and Documents written by United States. Congress and published by . This book was released on with total page 1974 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven Harmon Wilson
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1598843052
Total Pages : 1307 pages
Book Rating : 4.5/5 (988 download)
Download or read book The U.S. Justice System written by Steven Harmon Wilson and published by Bloomsbury Publishing USA. This book was released on 2011-12-06 with total page 1307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, three-volume set that provides detailed background essays, short topical entries, and primary document excerpts to explain the organization, history, and functioning of the U.S. justice system. The U.S. Justice System: An Encyclopedia is a one-stop resource, uniquely structured to include both introductory information as well as more in-depth and detailed resources. It explains not only how the American civil and criminal justice system affects the parties to a particular case or other legal action, but also how the rights, benefits, and legal protections of our country impact virtually all people in America. The set comprises three volumes. The first volume provides chapter-length essays explaining the organization and functioning of federal, state, and local government, as well as the working of federal and state judiciaries, regulatory bodies, and penal systems. The second volume contains shorter, alphabetically arranged entries on hundreds of law-related topics, including case descriptions and biographies of major figures, federal and state court organizational charts, legal statistics, and other background information. The third volume contains original documents, statutes, and texts of important cases relevant to the functioning of the American justice system. Readers will understand the structures, concepts, and vocabulary of American law and legal institutions, and grasp how the U.S. legal system has evolved to meet the complex changing needs of the nation.
Author : Scott M. Matheson
Publisher : Harvard University Press
ISBN 13 : 9780674031616
Total Pages : 260 pages
Book Rating : 4.0/5 (316 download)
Download or read book Presidential Constitutionalism in Perilous Times written by Scott M. Matheson and published by Harvard University Press. This book was released on 2009-02-16 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. Evaluating a variety of constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power.
Author : James S. Liebman
Publisher : Lexis Law Publishing (Va)
ISBN 13 :
Total Pages : 968 pages
Book Rating : 4.F/5 ( download)
Download or read book Federal Habeas Corpus Practice and Procedure written by James S. Liebman and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 2nd, published in 1994.
Author : United States. National Advisory Commission on Criminal Justice Standards and Goals
Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.3/5 ( download)
Download or read book Courts written by United States. National Advisory Commission on Criminal Justice Standards and Goals and published by . This book was released on 1973 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents proposals for the restructuring and streamlining of the processing of criminal cases at state and local levels. A major restructuring and streamlining of procedures and practices in processing criminal cases at state and local levels is proposed by the National Advisory Commission on Criminal Justice Standards and Goals. The proposals of the Commission appear in the form of specific standards and recommendations -- almost 100 in all -- that spell out in detail where, why, how, and what improvements can and should be made in the judicial segment of the criminal justice system. The report on courts is a reference work for the practitioner -- judge, court administrator, prosecutor, or defender -- as well as the interested layman. The Commission argues that the problems which keep the criminal court system from performing its functions are inconsistency in the processing of criminal defendants, uncertainty concerning results obtained, unacceptable delays, and alienation of the community. In composing suggested improvements for the court system, the Commission's first priority is to devise standards for attaining speed and efficiency in the pretrial and trial processes and prompt finality in appellate proceedings. The second priority is the upgrading of defense and prosecution functions and the third priority is the assurance of a high quality in the judiciary. To expedite pretrial procedures the prosecutor should screen all criminal cases coming before him and divert from the system all cases wherein further processing by the prosecutor is not appropriate. Among Commission recommendations are: elimination of all but the investigative function of the grand jury; elimination of formal arraignment; unification of all courts within each state; and the upgrading of criminal court personnel.
Author : University of Michigan. Law School
Publisher :
ISBN 13 :
Total Pages : 636 pages
Book Rating : 4.F/5 ( download)
Download or read book University of Michigan Journal of Law Reform written by University of Michigan. Law School and published by . This book was released on 1976 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
