Habeas Corpus A Very Short Introduction

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Habeas Corpus

Author : Amanda L. Tyler
Publisher : Oxford University Press
ISBN 13 : 0190918985
Total Pages : 179 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Habeas Corpus by : Amanda L. Tyler

Download or read book Habeas Corpus written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2021 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The storied writ of habeas corpus-literally, to hold the body-has enjoyed celebrated status in the common law tradition for centuries. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone once labeled the writ of habeas corpus a "bulwark of our liberties." Soon thereafter, a member of Parliament glorified the writ as "[t]he great palladium of the liberties of the subject." Meanwhile, across the Atlantic, in the lead up to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society, "without which a people cannot be free and happy." A few years later, while promoting the ratification of the United States Constitution in The Federalist, Alexander Hamilton celebrated the privilege as one of the "greate[st] securities to liberty and republicanism" known. Thus, as another participant in the ratification debates wrote, the writ of habeas corpus has long been viewed as "essential to freedom.""--

The Fate of Liberty

Author : Mark E. Neely Jr.
Publisher : Oxford University Press
ISBN 13 : 0199923485
Total Pages : 297 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Fate of Liberty by : Mark E. Neely Jr.

Download or read book The Fate of Liberty written by Mark E. Neely Jr. and published by Oxford University Press. This book was released on 1992-08-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.

Habeas Corpus in Wartime

Author : Amanda L. Tyler
Publisher : Oxford University Press
ISBN 13 : 0199856664
Total Pages : 465 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Habeas Corpus in Wartime by : Amanda L. Tyler

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.

Introduction to Habeas Corpus

Author : Brian R. Means
Publisher :
ISBN 13 : 9781388486174
Total Pages : 440 pages
Book Rating : 4.4/5 (861 download)

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Book Synopsis Introduction to Habeas Corpus by : Brian R. Means

Download or read book Introduction to Habeas Corpus written by Brian R. Means and published by . This book was released on 2018 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was written with the goal of explaining in plain terms the principles of federal postconviction review, and providing practitioners with a starting place for their legal research" - from "About this book."

Criminal Justice: A Very Short Introduction

Author : Julian V. Roberts
Publisher : OUP Oxford
ISBN 13 : 0191025879
Total Pages : 168 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Criminal Justice: A Very Short Introduction by : Julian V. Roberts

Download or read book Criminal Justice: A Very Short Introduction written by Julian V. Roberts and published by OUP Oxford. This book was released on 2015-08-27 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Federal Habeas Corpus

Author : Charles Doyle
Publisher : Nova Publishers
ISBN 13 : 9781600213021
Total Pages : 82 pages
Book Rating : 4.2/5 (13 download)

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Book Synopsis Federal Habeas Corpus by : Charles Doyle

Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.

Magna Carta: A Very Short Introduction

Author : Nicholas Vincent
Publisher : Oxford University Press
ISBN 13 : 0199582874
Total Pages : 153 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Magna Carta: A Very Short Introduction by : Nicholas Vincent

Download or read book Magna Carta: A Very Short Introduction written by Nicholas Vincent and published by Oxford University Press. This book was released on 2012-06-28 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Magna Carta has long been considered the foundation stone of the British Constitution, yet few people today understand either its contents or its context. With a full English translation of the 1215 charter, Nicholas Vincent introduces the document to a modern audience; explaining its origins and tracing the significance of its role in our history.

Plants: A Very Short Introduction

Author : Timothy Walker
Publisher : Oxford University Press
ISBN 13 : 0199584060
Total Pages : 145 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Plants: A Very Short Introduction by : Timothy Walker

Download or read book Plants: A Very Short Introduction written by Timothy Walker and published by Oxford University Press. This book was released on 2012-04-26 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plants are a fundamental part of the biosphere and their evolution has directly affected animal life, and the Earth's climate. This Very Short Introduction provides a concise account of the nature of plants, their variety, their evolution, and their importance and uses, stressing the importance of conservation for the future.

The Invisible Constitution

Author : Laurence H. Tribe
Publisher : Oxford University Press
ISBN 13 : 019974095X
Total Pages : 372 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Invisible Constitution by : Laurence H. Tribe

Download or read book The Invisible Constitution written by Laurence H. Tribe and published by Oxford University Press. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

Systems Biology: A Very Short Introduction

Author : Eberhard O. Voit
Publisher : Oxford University Press
ISBN 13 : 0192563440
Total Pages : 144 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Systems Biology: A Very Short Introduction by : Eberhard O. Voit

Download or read book Systems Biology: A Very Short Introduction written by Eberhard O. Voit and published by Oxford University Press. This book was released on 2020-03-26 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Systems biology came about as growing numbers of engineers and scientists from other fields created algorithms which supported the analysis of biological data in incredible quantities. Whereas biologists of the past had been forced to study one item or aspect at a time, due to technical and biological limitations, it suddenly became possible to study biological phenomena within their natural contexts. This interdisciplinary field offers a holistic approach to interpreting these processes, and has been responsible for some of the most important developments in the science of human health and environmental sustainability. This Very Short Introduction outlines the exciting processes and possibilities in the new field of systems biology. Eberhard O. Voit describes how it enabled us to learn how intricately the expression of every gene is controlled, how signaling systems keep organisms running smoothly, and how complicated even the simplest cells are. He explores what this field is about, why it is needed, and how it will affect our understanding of life, particularly in the areas of personalized medicine, drug development, food and energy production, and sustainable stewardship of our environments. Throughout he considers how new tools are being provided from the fields of mathematics, computer science, engineering, physics, and chemistry to grasp the complexity of the countless interacting processes in cells which would overwhelm the cognitive and analytical capabilities of the human mind. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The British Constitution: A Very Short Introduction

Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 : 0191642649
Total Pages : 153 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The British Constitution: A Very Short Introduction by : Martin Loughlin

Download or read book The British Constitution: A Very Short Introduction written by Martin Loughlin and published by OUP Oxford. This book was released on 2013-04-25 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Making Habeas Work

Author : Eric M. Freedman
Publisher : NYU Press
ISBN 13 : 1479870978
Total Pages : 205 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Making Habeas Work by : Eric M. Freedman

Download or read book Making Habeas Work written by Eric M. Freedman and published by NYU Press. This book was released on 2018-06-12 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eric M. Freedman "Making Habeas Work: A Legal History" explores habeas corpus, a judicial order that requires a person under arrest to be brought before an independent judge or into court. In his book, Freedman critically discusses habeas corpus as a common law writ, as a legal remedy and as an instrument of checks and balances.

Branding

Author : Robert Jones
Publisher : Oxford University Press
ISBN 13 : 0198749910
Total Pages : 161 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Branding by : Robert Jones

Download or read book Branding written by Robert Jones and published by Oxford University Press. This book was released on 2017 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Branding is possibly the most powerful commercial and cultural force on the planet. Robert Jones discusses the vast variety of brands, and why we still fall for them even as we are becoming more brand-aware. Looking at the philosophy and story behind brands, he considers how they work their magic, and what the future for brands might be.

Habeas Corpus, Writ of Liberty

Author : Robert Searles Walker
Publisher : Booksurge Publishing
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Habeas Corpus, Writ of Liberty by : Robert Searles Walker

Download or read book Habeas Corpus, Writ of Liberty written by Robert Searles Walker and published by Booksurge Publishing. This book was released on 2006 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Being a reprint of The constitutional and legal development of habeas corpus as the writ of liberty ; together with 2006 revised edition, The American reception of the writ of liberty."--T.p.

Federal Habeas Corpus Practice and Procedure: INTRODUCTION. Format ; A general description of habeas corpus ; Overview of the federal habeas corpus process under ADEPA ; The client

Download Federal Habeas Corpus Practice and Procedure: INTRODUCTION. Format ; A general description of habeas corpus ; Overview of the federal habeas corpus process under ADEPA ; The client PDF Online Free

Author : Randy Hertz
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis Federal Habeas Corpus Practice and Procedure: INTRODUCTION. Format ; A general description of habeas corpus ; Overview of the federal habeas corpus process under ADEPA ; The client by : Randy Hertz

Download or read book Federal Habeas Corpus Practice and Procedure: INTRODUCTION. Format ; A general description of habeas corpus ; Overview of the federal habeas corpus process under ADEPA ; The client written by Randy Hertz and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 5th, published in 2005.

Cases Without Controversies

Author : James E. Pfander
Publisher : Oxford University Press
ISBN 13 : 0197571425
Total Pages : 189 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Cases Without Controversies by : James E. Pfander

Download or read book Cases Without Controversies written by James E. Pfander and published by Oxford University Press. This book was released on 2021-03-17 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.

The Collapse of Constitutional Remedies

Author : Aziz Z. Huq
Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--