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Habeas Corpus in America: The Politics of Individual Rights (Constitutional Thinking) Hardcover – March 2, 2011

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Habeas Corpus in America: The Politics of Individual Rights (Constitutional Thinking) + Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ
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Editorial Reviews

Review

"Here lies the major contribution of the book. The literature on regime politics and the courts has been struggling to articulate the conditions under which judges act as agents of partisan regimes and, conversely, the conditions under which they are sometimes willing to challenge regime interests. I am on record as criticizing the existing literature for over-emphasizing the former and neglecting the latter (Keck 2007), but Wert's book is one of a number of recent studies that have made important progress in this regard." - Thomas Keck, Law and Politics Book Review

"This book is a superb, well written, and needed contribution to our knowledge of the writ of habeas corpus and American political development." Ronald Kahn, Law and Politics Book Review

"I highly recommend the book to anyone interested in habeas corpus or the U.S. Supreme Court ...  He provides and applies a sophisticated understanding of the political regimes framework, in which the court is best understood as a nonmajoritarian institution rather than either a counter majoritarian institution or as an agent of the majority. The book helps to flesh out the relationship between the Supreme Court and other institutions within and across political regimes."  Mitchell Pickerill, Law and Politics Book Review

"Habeas Corpus in America is a must-read, a powerfully argued and expertly penned original contribution to the study of public law." - Judith Baer, Law and Politics Book Review

"this comprehensive historical work provides an invaluable resource for those studying the role of the federal courts in our nation's history." - Rebecca Zietlow, American Historical Review

"An impressive and engaging account of how the Great Writ, designed as a fundamental protector of liberty, has been shaped and misshaped by political forces. Wert's history is a clarion call for a reaffirmation of the writ at its best."—David Cole, author of Terrorism and the Constitution

"An innovative history of habeas corpus that enhances our understanding of the way in which courts are part of political regimes."—Mark Tushnet, author of Why the Constitution Matters

"An excellent and much-needed study that focuses our attention on the politics that have always surrounded this important right."—Keith E. Whittington, author of Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review

From the Back Cover

"An impressive and engaging account of how the Great Writ, designed as a fundamental protector of liberty, has been shaped and misshaped by political forces. Wert's history is a clarion call for a reaffirmation of the writ at its best."--David Cole, author of Terrorism and the Constitution

"An excellent and much-needed study that focuses our attention on the politics that have always surrounded this important right."--Keith E. Whittington, author of Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review

"An innovative history of habeas corpus that enhances our understanding of the way in which courts are part of political regimes."--Mark Tushnet, author of Why the Constitution Matters

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Product Details

  • Series: Constitutional Thinking
  • Hardcover: 302 pages
  • Publisher: University Press of Kansas; First Edition edition (March 2, 2011)
  • Language: English
  • ISBN-10: 0700617639
  • ISBN-13: 978-0700617630
  • Product Dimensions: 1 x 6.8 x 9.8 inches
  • Shipping Weight: 1.3 pounds (View shipping rates and policies)
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #1,715,640 in Books (See Top 100 in Books)

More About the Author

Justin Wert is the Associates Second Century Presidential Professor & Associate Professor of Political Science at the University of Oklahoma. He completed his BA at Colorado State University (1996) and his MA (2001) and PhD (2005) at the University of Pennsylvania. His dissertation, "The Not-So-Great Writ: Habeas Corpus and American Political Development," won the American Political Science Association's 2006 Edward S. Corwin Award. The Corwin prize is awarded annually for the best dissertation in the field of public law.

His book, Habeas Corpus in America: The Politics of Individual Rights, was published by the University Press of Kansas in March 2011. He has published articles in the Stanford Law & Policy Review; the Cornell Journal of Law and Puvlic Policy; American Review of Politics; PS: Political Science and Politics; Faulkner University Law Review; and several book reviews and chapters in edited volumes. His awards and honors include the Edward S. Corwin Award; OU Athletics Department "Most Inspiring Faculty;" the Miller Center for Public Affairs Dissertation Fellowship (2004-05); the Lynde and Harry Bradley Dissertation Fellowship (2004-05); the Alvin Z. Rubinstein Memorial Award for Excellence in Teaching (2002); and the Institute for Humane Studies Hayek Fund for Scholars (2003 & 2005).

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1 of 1 people found the following review helpful By Tiberius on November 16, 2011
Format: Hardcover
Dr. Wert, a distinguished lecturer at the University of Oklahoma, penned a well-constructed and timely piece of academic literature in Habeas Corpus in America. The book does a great job surveying the history of the Great (or Not so Great) Writ and how it was used as a tool by dominant regimes. His commentary on and criticism of the many different treatments of Habeas in academia and in jurisprudence are thought-provoking and highly relevant. Habeas has been in national dialogue as of late due to the recent Guantanamo cases, and Dr. Wert addresses these dilemmas and offers his own interpretation near the end of the book. Academicians and casual readers alike are sure to enjoy Habeas Corpus in America - a staple for anyone interested in habeas or in individual rights.
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Format: Hardcover
Justin Wert artfully and persuasively paints a picture of Habeas Corpus as a right which has enjoyed a largely politicized history behind a veneer of Judicial impartiality. Wert does not linger too long on any one period of constitutional history in the United States. Rather, Dr. Wert eloquently and engagingly argues that Habeas Corpus was, is, and will continue to be a tool that is by and large interpreted (within the bounds of reason) in the interests of the majority. Great read for those interested in constitutional history!
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