Anthony GregoryThe Power of Habeas Corpus in America
From the King's Prerogative to the War on Terror
Anthony Gregory is a Research Fellow for The Independent Institute. His articles have appeared in the Independent Review and the Journal of Libertarian Studies, and have been translated into multiple languages, reprinted in textbooks, and used in college courses on law and political science.
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.