Making habeas work : a legal history / Eric M. Freedman.

Format:

Book

Author/Creator:

Freedman, Eric M., author.

Contributor:

Anne and Joseph Trachtman Memorial Book Fund.

Language:

English

Subjects (All):

Habeas corpus.

History.

England.

United States.

Habeas corpus--United States--History.

Habeas corpus--England--History.

Genre:

History.

Physical Description:

viii, 197 pages ; 24 cm

Place of Publication:

New York : New York University Press, [2018]

Summary:

Eric M. Freedman "Making Habeas Work: A Legal History" explores habeas corpus, a judicial order that requires a person under arrest to be brought before an independent judge or into court. In his book, Freedman critically discusses habeas corpus as a common law writ, as a legal remedy and as an instrument of checks and balances.

Contents:

Part I. Habeas corpus as a common law writ

Knowing habeas corpus when you see it

Habeas corpus with and without the writ : some illustrative cases

The benefits of a functional view : the past educating the present

Part II. Habeas corpus as a legal remedy

Captain Hodsdon's legal entanglements

The habeas corpus strand of restraints on government

The damages actions strands of restraints on government

The criminal prosecution strands of restraints on government

Interweaving actions

The connecting strand : the jury

The dual strand : legislative intervention

Part III. Habeas corpus as an instrument of checks and balances

Separation of powers : allocation of roles v. checks and balances

Courts in the new nation : a tempestuous beginning

John Marshall's sea mine: Ex Parte Bollman and the precatory suspension clause

Courts weather the storm

Boumediene defuses Bollman.

Notes:

Includes bibliographical references and index.

Local Notes:

Acquired for the Penn Libraries with assistance from the Anne and Joseph Trachtman Memorial Book Fund.

ISBN:

9781479870974

1479870978

OCLC:

1005805637