Habeas for the Twenty-First Century


Book Description

For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.




Habeas Corpus in Wartime


Book Description

This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.




Habeas Data


Book Description

A book about what the Cambridge Analytica scandal shows: That surveillance and data privacy is every citizens’ concern An important look at how 50 years of American privacy law is inadequate for the today's surveillance technology, from acclaimed Ars Technica senior business editor Cyrus Farivar. Until the 21st century, most of our activities were private by default, public only through effort; today anything that touches digital space has the potential (and likelihood) to remain somewhere online forever. That means all of the technologies that have made our lives easier, faster, better, and/or more efficient have also simultaneously made it easier to keep an eye on our activities. Or, as we recently learned from reports about Cambridge Analytica, our data might be turned into a propaganda machine against us. In 10 crucial legal cases, Habeas Data explores the tools of surveillance that exist today, how they work, and what the implications are for the future of privacy.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Britain at the Turn of the Twenty-First Century


Book Description

At the turn of the twenty-first century Britain is in a state of change. It is being transformed by the ongoing process of devolution as well as by its increasing multi-ethnicity. At the same time the relationship with the European Union remains controversial. This book charts these transformations in the context of the changes Britain experienced a century ago, at the turn of the twentieth century. Focusing on British politics, culture and literature the articles examine a range of topics, including models of utopian and apocalyptic thought, the contemporary celebrity cult, the state of literary theory in Britain and the recent “boom” in lyrical poetry and the “drama of blood and sperm”.







The Hart-Fuller Debate in the Twenty-First Century


Book Description

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.




The Decline and Fall of the American Republic


Book Description

“Audacious . . . offers a fierce critique of democracy’s most dangerous adversary: the abuse of democratic power by democratically elected chief executives.” (Benjamin R. Barber, New York Times bestselling author of Jihad vs. McWorld ) Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. Ackerman points to a series of developments that have previously been treated independently of one another?from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century?and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward. “The questions [Ackerman] raises regarding the threat of the American Executive to the republic are daunting. This fascinating book does an admirable job of laying them out.” —The Rumpus “Ackerman worries that the office of the presidency will continue to grow in political influence in the coming years, opening possibilities for abuse of power if not outright despotism.” —Boston Globe “A serious attention-getter.” —Joyce Appleby, author of The Relentless Revolution “Those who care about the future of our nation should pay careful heed to Ackerman’s warning, as well as to his prescriptions for avoiding a constitutional disaster.” —Geoffrey R. Stone, author of Perilous Times




"I Am a Man"


Book Description

The harrowing story of a Native American man’s tragic loss of land and family, and his heroic journey to reclaim his humanity. In 1877, Chief Standing Bear’s Ponca Indian tribe was forcibly removed from their Nebraska homeland and marched to what was then known as Indian Territory (now Oklahoma), in what became the tribe’s own Trail of Tears. A third of the tribe died on the grueling march, including Standing Bear’s only son. “I Am a Man” chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his son’s body to the Ponca’s traditional burial ground. It chronicles his efforts to reclaim his land and rights, culminating in his successful use of habeas corpus to gain access to the courts and secure his freedoms. This is a story of survival that explores fundamental issues of citizenship, constitutional protection, and the nature of democracy. Joe Starita’s well-researched and insightful account bring this vital piece of American history brilliantly to life.




The Rights of the People


Book Description

An impassioned, incisive look at the violations of civil liberties in the United States that have accelerated over the past decade—and their direct impact on our lives. How have our rights to privacy and justice been undermined? What exactly have we lost? Pulitzer Prize–winner David K. Shipler searches for the answers to these questions by traveling the midnight streets of dangerous neighborhoods with police, listening to traumatized victims of secret surveillance, and digging into dubious terrorism prosecutions. The law comes to life in these pages, where the compelling stories of individual men and women illuminate the broad array of government’s powers to intrude into personal lives. Examining the historical expansion and contraction of fundamental liberties in America, this is the account of what has been taken—and of how much we stand to regain by protesting the departures from the Bill of Rights. And, in Shipler’s hands, each person’s experience serves as a powerful incitement for a retrieval of these precious rights.