Habeas For The Twenty First Century
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Habeas For The Twenty First Century
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Author : Nancy J. King
language : en
Publisher: University of Chicago Press
Release Date : 2011-03-25
Habeas For The Twenty First Century written by Nancy J. King and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-25 with Law categories.
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
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Author : Amanda L. Tyler
language : en
Publisher: Oxford University Press
Release Date : 2017-11-01
Habeas Corpus In Wartime written by Amanda L. Tyler and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-01 with Law categories.
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 Hart Fuller Debate In The Twenty First Century
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Author : Peter Cane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-02-16
The Hart Fuller Debate In The Twenty First Century written by Peter Cane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-16 with Law categories.
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.
Law Criminal Justice
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Author : Christopher E. Smith
language : en
Publisher: Peter Lang
Release Date : 2005
Law Criminal Justice written by Christopher E. Smith and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Law changes as new developments affect society. The dawn of a new century provides a marking point for the evaluation of trends in law and policy. This book examines emerging issues that will shape society's rules and legal processes in the twenty-first century. By identifying developments affecting technology, demography, and politics, the authors evaluate impacts on law and criminal justice. Many of the issues discussed, including the expanding Latino population, new technologies for investigations, weapons, and executions, health crises in prisons, DNA testing, and the «war on terrorism», will have profound effects on the fates of individuals drawn into the justice system.
Rejection And Disaffiliation In Twenty First Century American Immigration Narratives
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Author : Katie Daily
language : en
Publisher: Springer
Release Date : 2018-06-11
Rejection And Disaffiliation In Twenty First Century American Immigration Narratives written by Katie Daily and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-11 with Literary Criticism categories.
Rejection and Disaffiliation in Twenty-First Century American Immigration Narratives examines changing attitudes about national sovereignty and affiliation. Katie Daily delinks twenty-first century American immigration narratives from 9/11, examining genre alterations within a scope of literary analysis that is wider than what “post-9/11” allows. What emerges is an understanding of the speed at which the rhetoric and aims of many twenty-first century immigration narratives significantly depart from the traditions established post-1900. Daily investigates a recent trend in which novelists and filmmakers question what it means to be an immigrant in contemporary America and explores how these “disaffiliation” narratives challenge some of the most fundamental traditions in American literature and society.
Britain At The Turn Of The Twenty First Century
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Author :
language : en
Publisher: BRILL
Release Date : 2016-08-22
Britain At The Turn Of The Twenty First Century written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-22 with Social Science categories.
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”.
New Pleading In The Twenty First Century
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Author : Scott Dodson
language : en
Publisher: Oxford University Press
Release Date : 2013-03-21
New Pleading In The Twenty First Century written by Scott Dodson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years. The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.
Cultures Of Citizenship In The Twenty First Century
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Author : Vanessa Evans
language : en
Publisher: transcript Verlag
Release Date : 2023-12-31
Cultures Of Citizenship In The Twenty First Century written by Vanessa Evans and has been published by transcript Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-31 with Social Science categories.
In the early twenty-first century, the concept of citizenship is more contested than ever. As refugees set out to cross the Mediterranean, European nation-states refer to »cultural integrity« and »immigrant inassimilability,« revealing citizenship to be much more than a legal concept. The contributors to this volume take an interdisciplinary approach to considering how cultures of citizenship are being envisioned and interrogated in literary and cultural (con)texts. Through this framework, they attend to the tension between the citizen and its spectral others - a tension determined by how a country defines difference at a given moment.
Global Justice And Due Process
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Author : Larry May
language : en
Publisher: Cambridge University Press
Release Date : 2010-12-09
Global Justice And Due Process written by Larry May and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-09 with Philosophy categories.
The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.
Non International Armed Conflict In The Twenty First Century
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Author : Kenneth Watkin
language : en
Publisher: Government Printing Office
Release Date : 2012
Non International Armed Conflict In The Twenty First Century written by Kenneth Watkin and has been published by Government Printing Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with History categories.
Examines the legal issues surrounding non-international armed conflict (NIAC) in the modern era.