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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

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The Power of Habeas Corpus in America: From the King's Prerogative to the War on Terror


ISBN13: 9781107459663
Published: April 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £35.99



Despatched in 6 to 8 days.

Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ 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' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, 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 wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.

Subjects:
Legal History, Other Jurisdictions , USA
Contents:
Part I. A History of Power Struggles:
1. Common law, royal courts
2. Parliament and the king
3. Americanization
4. Constitutional counterrevolution
5. Fugitive slaves and liberty laws
6. Suspension and civil war
7. The writ reconstructed
8. Lynch mob justice
9. The writ in world war
10. Federal activism and retreat

Part II. Executive Detention in Post-9/11 America:
11. Ad hoc detentions
12. Bush's prerogative
13. The dance of the court and the executive
14. Obama's legal black hole

Part III. Custody and Liberty:
15. The great writ's paradox of power and liberty
16. A remedy in search of a principle
17. The modern detention state and the future of the writ.