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.
Ruth Bader Ginsburg’s final book offers an intimate look at her extraordinary life and details her lifelong pursuit for gender equality and a “more perfect Union.” In the fall of 2019, Justice Ruth Bader Ginsburg visited the University of California, Berkeley School of Law to honor her friend, the late Herma Hill Kay, with whom Ginsburg had coauthored the very first casebook on sex-based discrimination in 1974. During Justice Ginsburg’s visit, she shared her life story with Amanda L. Tyler, a Berkeley Law professor and former Ginsburg law clerk. Their intimate conversation is recorded here in Justice, Justice Thou Shalt Pursue, along with previously unpublished materials that detail Ginsburg’s long career. These include notable briefs and oral arguments, Ginsburg’s last speeches, and her favorite opinions that she wrote as a Supreme Court Justice (many in dissent), along with the statements that she read from the bench in those important cases. Each document was carefully chosen by Ginsburg and Tyler to tell the litigation strategy at the heart of Ginsburg’s unwavering commitment to achieve “a more perfect Union.” Ruth Bader Ginsburg was an advocate and jurist for gender equality, ensuring that the United States Constitution leaves no person behind and allows every individual to achieve their full human potential. Her work transformed not just the American legal landscape, but American society. As revealed in these pages, Ginsburg dismantled long-entrenched systems of discrimination based on outdated stereotypes by showing how such laws hold back both genders. With her death, the country lost a hero whose incredible life and legacy made the United States a society in which “We the People,” for whom the Constitution is written, includes everyone.
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.""--
Ruth Bader Ginsburg’s final book offers an intimate look at her extraordinary life and details her lifelong pursuit for gender equality and a “more perfect Union.” In the fall of 2019, Justice Ruth Bader Ginsburg visited the University of California, Berkeley School of Law to honor her friend, the late Herma Hill Kay, with whom Ginsburg had coauthored the very first casebook on sex-based discrimination in 1974. During Justice Ginsburg’s visit, she shared her life story with Amanda L. Tyler, a Berkeley Law professor and former Ginsburg law clerk. Their intimate conversation is recorded here in Justice, Justice Thou Shalt Pursue, along with previously unpublished materials that detail Ginsburg’s long career. These include notable briefs and oral arguments, Ginsburg’s last speeches, and her favorite opinions that she wrote as a Supreme Court Justice (many in dissent), along with the statements that she read from the bench in those important cases. Each document was carefully chosen by Ginsburg and Tyler to tell the litigation strategy at the heart of Ginsburg’s unwavering commitment to achieve “a more perfect Union.” Ruth Bader Ginsburg was an advocate and jurist for gender equality, ensuring that the United States Constitution leaves no person behind and allows every individual to achieve their full human potential. Her work transformed not just the American legal landscape, but American society. As revealed in these pages, Ginsburg dismantled long-entrenched systems of discrimination based on outdated stereotypes by showing how such laws hold back both genders. With her death, the country lost a hero whose incredible life and legacy made the United States a society in which “We the People,” for whom the Constitution is written, includes everyone.
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