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Making Habeas Work
A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the...
Habeas Corpus
Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences. In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and ...
A Perfect Mess
How Crammed Cupboards, Cluttered Offices, and Off-the-Cuff Planning make the World a Better Place. Like the bestselling Freakonomics or Blink, here is a book that combines a professor's expertise with stories from everyday life to provide a striking new view of how our world works. Ever since Einstein's study of Brownian Motion, scientists have understood that a little disorder actually makes systems more effective. But most people still shun disorder, or suffer guilt over the mess they can't avoid. No longer! With a spectacular array of anecdotes and case studies of the useful role mess can play, here is an antidote to the accepted wisdom that tight schedules, neatness and consistency are t...
The Death Penalty
Bringing together the major death penalty cases decided by the U.S. Supreme Court and the legal issues related to the death penalty, this text classifies the cases according to legal issues, provides commentary on the general case law, provides a chart of the cases discussed, and then presents the legal materials in an understandable, easy-to-digest case brief format. Each chapter includes an outline; briefs for cases that include facts, holding, reasoning and opinions; summary and conclusions; and internet resources.
The Power of Habeas Corpus in America
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.
Human Rights and Civil Liberties in the 21st Century
This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues r...
Habeas Corpus in America
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 go...
