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Habeas Corpus

Author: Amanda L. Tyler

Publisher: Oxford University Press

Published: 2021

Total Pages: 179

ISBN-13: 0190918985

"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.""--

Habeas Corpus in Wartime

Author: Amanda L. Tyler

Publisher: Oxford University Press

Published: 2017

Total Pages: 465

ISBN-13: 0199856664

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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.

The U.S. Supreme Court: A Very Short Introduction

Author: Linda Greenhouse

Publisher: Oxford University Press

Published: 2023-08-18

Total Pages: 161

ISBN-13: 0197689485

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Very Short Introductions: Brilliant, Sharp, Inspiring For 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show readers how the Supreme Court really works. Greenhouse offers a fascinating institutional biography of a place and its people--men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of confusing federal statutes. Throughout, the author examines many individual Supreme Court cases to illustrate points under discussion, including Marbury v. Madison, the seminal case which established judicial review; District of Columbia v. Heller (2008), which struck down the District of Columbia's gun-control statute and which was, surprisingly, the first time in its history that the Court issued an authoritative interpretation of the Second Amendment; and Dobbs v. Jackson Women's Health Organization (2022), which repudiated the right to abortion the Court had recognized nearly fifty years earlier in Roe v. Wade (1973). To add perspective, Greenhouse also compares the Court to foreign courts, revealing interesting differences. For instance, no other country in the world has chosen to bestow life tenure on its judges. The third edition of Greenhouse's Very Short Introduction tracks the changes in the Court's makeup over the past decade, including the landmark decisions of the Obama and Trump eras and the emergence of a conservative supermajority. A superb overview packed with telling details, this volume offers a matchless introduction to one of the pillars of American government.

Film Noir: A Very Short Introduction

Author: James Naremore

Publisher: Oxford University Press

Published: 2019-02-15

Total Pages: 144

ISBN-13: 0192509519

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Film noir, one of the most intriguing yet difficult to define terms in cinema history, is usually associated with a series of darkly seductive Hollywood thrillers from the 1940s and 50s - shadowy, black-and-white pictures about private eyes, femme fatales, outlaw lovers, criminal heists, corrupt police, and doomed or endangered outsiders. But as this VSI demonstrates, film noir actually predates the 1940s and has never been confined to Hollywood. International in scope, its various manifestations have spread across generic categories, attracted the interest of the world's great directors, and continue to appear even today. In this Very Short Introduction James Naremore shows how the term film noir originated in in French literary and film criticism, and how later uses of the term travelled abroad, changing its implications. In the process, he comments on classic examples of the films and explores important aspects of their history: their critical reception, their major literary sources, their methods of dealing with censorship and budgets, their social and cultural politics, their variety of styles, and their future in a world of digital media and video streaming. 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.

Evil: a Very Short Introduction

Author: Luke Russell

Publisher: Oxford University Press

Published: 2022-10-27

Total Pages: 129

ISBN-13: 0198819277

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Very Short Introductions: Brilliant, Sharp, Inspiring We regularly encounter appalling wrongdoing, with the media offering a depressing parade of violent assault, rape, and murder. Yet sometimes even the cynical and world-weary amongst us are taken aback. Sometimes we confront a crime so terrible, so horrendous, so deeply wrong, that we reach for the word 'evil'. The 9/11 terrorist attacks were not merely wrong, but evil. A serial killer who tortures his victims is not merely a bad person. He is evil. And as the Holocaust showed us, we must remain vigilant against the threat of evil. But what exactly is evil? If we use the word 'evil', are we buying into a naive Manichean worldview, in which two cosmic forces of good and evil are pitted against one another? Are we guilty of demonizing our enemies? How does 'evil' go beyond what is merely bad or wrong? This Very Short Introduction explores the answers that philosophers have offered to these questions. Luke Russell discusses why some philosophers think that evil is a myth or a fantasy, while others think that evil is real, and is a concept which plays an important role in contemporary secular morality. Along the way he asks whether evil is always horrific and incomprehensible, or if it can be banal. Considering if there is a special psychological hallmark that sets the evildoers apart from the rest of us, Russell also engages with ongoing discussions over psychopathy and empathy, analysing the psychology behind evildoing. 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.

Access to Justice

Author: Deborah L. Rhode

Publisher: Oxford University Press

Published: 2004-09-23

Total Pages: 265

ISBN-13: 0195349474

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"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.

Federal Habeas Corpus

Author: Charles Doyle

Publisher: Nova Publishers

Published: 2007

Total Pages: 82

ISBN-13: 9781600213021

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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

Published: 2012-06-28

Total Pages: 153

ISBN-13: 0199582874

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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.

The Invisible Constitution

Author: Laurence H. Tribe

Publisher: Oxford University Press

Published: 2008-09-17

Total Pages: 372

ISBN-13: 019974095X

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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.

Reconstruction: a Very Short Introduction

Author: Allen C. Guelzo

Publisher: Oxford University Press, USA

Published: 2020-01-14

Total Pages: 187

ISBN-13: 0190454792

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The era known as Reconstruction is one of the unhappiest times in American history. It succeeded in reuniting the nation politically after the Civil War but in little else. Among its chief failures was the inability to chart a progressive course for race relations after the abolition of slavery and rise of Jim Crow. Reconstruction also struggled to successfully manage the Southern resistance towards a Northern, free-labor pattern. But the failures cannot obscure a number of notable accomplishments, with decisive long-term consequences for American life: the 14th and 15th Amendments to the Constitution, the election of the first African American representatives to the US Congress, and the avoidance of any renewed outbreak of civil war. Reconstruction suffered from poor leadership and uncertainty of direction, but it also laid the groundwork for renewed struggles for racial equality during the Civil Rights Movement. This Very Short Introduction delves into the constitutional, political, and social issues behind Reconstruction to provide a lucid and original account of a historical moment that left an indelible mark on American social fabric. Award-winning historian Allen C. Guelzo depicts Reconstruction as a "bourgeois revolution" -- as the attempted extension of the free-labor ideology embodied by Lincoln and the Republican Party to what was perceived as a Southern region gone astray from the Founders' intention in the pursuit of Romantic aristocracy. 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.