Traces the history of the writ of habeas corpus and its influence on federal-state relations.
The Body And the State
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Book Description
Editorial Reviews
From the Back Cover
The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury’s mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states’ sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ’s application over time.
"Federman’s scholarship is impressive, and he has successfully mapped out and made intelligible the underlying issues that help make sense of the history of the writ—its patterns of expansion and constriction in the two centuries of its application. He makes a convincing case for dividing the writ into discrete historical periods, and he analyzes the interplay between the dominant narratives and counternarratives in each epoch. This is an important work that accomplishes what no other work has so far accomplished." - Richard Weisman, York University
About the Author
Cary Federman is Fulbright Scholar at the Institute of Criminology at the University of Ljubljana in Slovenia.
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Inside This Book
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First Sentence:
THE FIRST SIGNIFICANT era of habeas corpus in American political history extends from the passage of the Habeas Corpus Act in 1867 through 1915, when the Supreme Court denied a writ of habeas corpus to Leo Frank, in the celebrated murder case, Frank v. Magnum. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
habeas jurisprudence, federal habeas court, habeas act, habeas decisions, habeas corpus jurisprudence, habeas cases, habeas petitioners, habeas statute, habeas appeals, habeas courts, comity concerns, habeas challenge, state ground rule, state court conviction, federal habeas review, corpus reform, jurisdiction standard, executive detention, federal habeas corpus review, future dangerousness, habeas corpus jurisdiction, innocence standard, corporate personhood, exhaustion rule, state court judgments Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Fourteenth Amendment, Warren Court, Bill of Rights, Burger Court, Rehnquist Court, Santa Clara, Civil War, New Deal, New York, World War, Eighth Amendment, Fifth Amendment, North Carolina, Fourth Amendment, Gilded Age, Justice Jackson, Felix Frankfurter, Leo Frank, South Carolina, Sixth Amendment, William Royall, Powell Committee, Southern Pacific Railroad, Earl Warren New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
THE FIRST SIGNIFICANT era of habeas corpus in American political history extends from the passage of the Habeas Corpus Act in 1867 through 1915, when the Supreme Court denied a writ of habeas corpus to Leo Frank, in the celebrated murder case, Frank v. Magnum. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
habeas jurisprudence, federal habeas court, habeas act, habeas decisions, habeas corpus jurisprudence, habeas cases, habeas petitioners, habeas statute, habeas appeals, habeas courts, comity concerns, habeas challenge, state ground rule, state court conviction, federal habeas review, corpus reform, jurisdiction standard, executive detention, federal habeas corpus review, future dangerousness, habeas corpus jurisdiction, innocence standard, corporate personhood, exhaustion rule, state court judgments Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Fourteenth Amendment, Warren Court, Bill of Rights, Burger Court, Rehnquist Court, Santa Clara, Civil War, New Deal, New York, World War, Eighth Amendment, Fifth Amendment, North Carolina, Fourth Amendment, Gilded Age, Justice Jackson, Felix Frankfurter, Leo Frank, South Carolina, Sixth Amendment, William Royall, Powell Committee, Southern Pacific Railroad, Earl Warren New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 100
books:
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- The Supreme Court (American Government Today) by Mark C. Sanders on page 99, page 133, and Back Matter
- State Supreme Courts: Policymakers in the Federal System (Contributions in Legal Studies) by Mary Cornelia Porter in Back Matter (1), and Back Matter (2)
- The Southern Pacific Railroad by Robert K Durham in Back Matter (1), and Back Matter (2)
- Troubling Confessions: Speaking Guilt in Law and Literature by Peter Brooks in Back Matter (1), and Back Matter (2)
- Military Tribunals by Louis Fisher in Back Matter (1), and Back Matter (2)
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