Synopses & Reviews
Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences.
In this timely volume, Eric M. Freedman reexamines four of the Supreme Courts most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burrs conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view.
Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.
Review
“An extremely important contribution to our understanding of the importance of habeas corpus in American law and in American history. Freedman explains and places in their proper context a series of historically important cases, dating from the earliest history of the country to the present and demonstrates the way racial and ethnic prejudice have had, and continue to have, a corrosive effect on our criminal justice process. In an age when Congress has sought to constrict the use and value of habeas corpus, Freedman reminds us why it is vital to a free society, and a fair society, to provide more, not less, access to the ‘Great Writ.&8217;”
-Paul Finkelman,Chapman Distinguished Professor, University of Tulsa College of Law
Review
“Legal analysis at its best.”
-Austin Sarat,William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College
Review
“Habeas Corpus is a trustworthy account by a distinguished legal historian. It serves both scholars who wish to revisit the underpinnings of habeas corpus as well as beginners seeking to understand what this process has meant to our system.”
-Legal Times,
Review
“Freedmans lively prose and careful analysis of early debates and research into the politics, passions and history of the times give us a new picture of the background to habeas corpus as we know it now.”
-New York Law Journal,
Review
“Provides a fresh analysis of classic Supreme Court opinions by John Marshall, Oliver Wendell Holmes, and Felix Frankfurter. Freedman investigates background materials that illuminate the Court's assessment of its decisions, and introduces and explores historical materials that have only recently become available. . . . He builds an impressive argument that severe limits on federal court jurisdiction can be instituted today only by departing fundamentally from the past. Freedman's treatment of this admittedly complex subject is readily accessible to nonspecialists. This fine new book will be of interest and value to anyone seriously concerned with the function of federal courts in modern American society.”
-Larry Yackle,Professor of Law, Boston University School of Law
Review
“An extremely important contribution to our understanding of the importance of habeas corpus in American law and in American history. Freedman explains and places in their proper context a series of historically important cases, dating from the earliest history of the country to the present and demonstrates the way racial and ethnic prejudice have had, and continue to have, a corrosive effect on our criminal justice process. In an age when Congress has sought to constrict the use and value of habeas corpus, Freedman reminds us why it is vital to a free society, and a fair society, to provide more, not less, access to the ‘Great Writ.&8217;”
“Legal analysis at its best.”
“Habeas Corpus is a trustworthy account by a distinguished legal historian. It serves both scholars who wish to revisit the underpinnings of habeas corpus as well as beginners seeking to understand what this process has meant to our system.”
“Freedman’s lively prose and careful analysis of early debates and research into the politics, passions and history of the times give us a new picture of the background to habeas corpus as we know it now.”
“Provides a fresh analysis of classic Supreme Court opinions by John Marshall, Oliver Wendell Holmes, and Felix Frankfurter. Freedman investigates background materials that illuminate the Court's assessment of its decisions, and introduces and explores historical materials that have only recently become available. . . . He builds an impressive argument that severe limits on federal court jurisdiction can be instituted today only by departing fundamentally from the past. Freedman's treatment of this admittedly complex subject is readily accessible to nonspecialists. This fine new book will be of interest and value to anyone seriously concerned with the function of federal courts in modern American society.”
Review
“Legal analysis at its best.”
Review
"Haftez's book is an excellent account of the five major Supreme Court cases addressing habeas corpus and constitutional rights to a fair trial after 9/11." -D. Schultz,Choice
Review
"What [Willis does], and what he does extremely well, is explain how it all came about...he carefully traces the rise of Algerian Islamism from its early days during the 132 years of French colonial rule, its short moment of glory when it seemed about to take power in the late 1980s, and its subsequent crash...well-written, skillfully presented, and illuminating." -New York Review of Books,
Review
"A very readable and even-handed interpretation of a complex and controversial topic. The author integrates a wealth of diverse historical and contemporary data to provide as full an understanding as one can have about political Islam's severe challenge to state and society in Algeria . . . Highly recommended." -John P. Entelis,author of State and Society in Algeria
Review
"An informed and balanced political chronology that is of great utility to any analyst seeking to formulate his or her own interpretation of the Algerian tragedy. Willis has gathered together a wide range of sources allowing him to construct a political chronology that traces how a nation, endowed with political, cultural, and economic assets and moving toward democracy at the end of the 1980s, devolved into chaos through much of the 1990s. The book's careful documentation, multiple perspectives, and thoughtful refelctions willl challenge simplistic explanations of Algeria's latest tragedy."-Journal of World History,
Synopsis
In recent years, Algeria has been rocked by social upheaval, protest, and spasmodic violence. Like many countries caught between the tides of fundamentalist religion and secular culture, the very fiber of the nation seems to be fraying.
Michael Willis here charts the meteoric rise of one of the largest and most powerful Islamist movements in the Muslim world. Tracing its origins to the French colonial domination in the nineteenth and early twentieth centuries, Islamism has always played a defining role in both the national struggle against the French and in the newly independent Algerian state.
The primary focus of Willis's book is on Algeria since 1988, when unprecedented social unrest led to political changes that allowed Algeria's Islamists to form political parties and compete in multi- party elections. The largest Islamist party, the Front Islamique du Salut (FIS), after rousing victories in local and national elections in 1990 and 1991, was subsequently crushed by the military regime.
Since then, despite the Rome Accord of January 1995, over 50,000 lives have been lost in an increasingly bloody conflict that threatens to spiral out of control. Banned by the army, the FIS splintered, with various factions arming themselves, leading to the current, ominous state of disarray.
About the Author
Michael Willis obtained his doctorate from the Centre for Middle Eastern and Islamic Studies at the University of Durham, where he is currently an Honorary Research Associate.