Magna Carta

Magna Carta
Author: Randy James Holland
Publisher:
Total Pages: 0
Release: 2014
Genre: Constitutional history
ISBN: 9780314676719

An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.

Federal Habeas Corpus

Federal Habeas Corpus
Author: Charles Doyle
Publisher: Nova Publishers
Total Pages: 82
Release: 2007
Genre: Law
ISBN: 9781600213021

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.

The Power of Habeas Corpus in America

The Power of Habeas Corpus in America
Author: Anthony Gregory
Publisher: Cambridge University Press
Total Pages: 433
Release: 2013-04-15
Genre: Law
ISBN: 1107036437

This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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.

Habeas Corpus After 9/11

Habeas Corpus After 9/11
Author: Jonathan Hafetz
Publisher: NYU Press
Total Pages: 334
Release: 2012-08-20
Genre: Political Science
ISBN: 081472440X

Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.

Our Rights

Our Rights
Author: David J. Bodenhamer
Publisher: Oxford University Press, USA
Total Pages: 258
Release: 2007
Genre: Language Arts & Disciplines
ISBN: 0195325672

"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box

Immigration Detention

Immigration Detention
Author: Daniel Wilsher
Publisher: Cambridge University Press
Total Pages: 421
Release: 2011-10-27
Genre: Political Science
ISBN: 1139501356

The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.