Habeas Corpus : Information, Clues, Links, and Other Useful Starting Points 

Habeas Corpus Act of 1679, authorized judges to issue the habeas corpu writ (directing one who holds another in his custody to produce the body of the person before the court for some specified purpose; used to correct violations of personal liberty by directing judicial inquiry into the legality of a detention.) when courts were on vacation and provided severe penalties for any judge who refused to comply with it.

Books:

The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth by David J. Clark   --- Book Description
This collection of essays on habeas corpus throughout the Commonwealth explores the fortunes of the writ and the conditions under which it has either flourished or waned. Drawing on a wide range of commonwealth authorities, and including materials from the colonial period as well as from ex-commonwealth or ex-empire states, the papers in this volume consider the diffusion of the writ, the myths surrounding it, and the uses to which the writ has been put that distinguish the remedy from the English experience.

The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely -- Book Description
If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies.

Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war.


The Force of a Feather: The Search for a Lost Story of Slavery and Freedom by DeEtta Demaratus

Habeas Corpus: Rethinking the Great Writ of Liberty by Eric M. Freedman  -- a reader writes: ... Professor Freedman does the great public service of explaining the origins and application of the writ of habeas corpus -- the "Great Writ" -- at the same time as the Courts and Congress are doing their best to define the writ out of existence. Much of the initial portion of the book explains why John Marshall's interpretation in Ex Parte Bollman of the Federal Judiciary Act of 1789 as limiting the Federal Court's ability to grant habeas corpus relief to State prisoners is wrong in light of the Suspension Clause of the Constitution, which provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended".

A Constitutional History of Habeas Corpus (Contributions in Legal Studies) by William F. Duker

A Treatise on the Right of Personal Liberty and the Writ of Habeas Corpus and the Practice Connected With It: With a View of the Law of Extradition of Fugitives by Rollin C. Hurd

Habeas corpus; a play in two acts by Alan Bennett

Habeas Corpus Checklists by Ira P. Robbins

The Most

Federal Habeas Corpus Commentaries and Statutes by Steven M. Statsinger

Lawless v Ireland(1957-1961): The First case Before the by Brian Doolan

Habeas Corpus: Rethinking the Great Writ of Liberty by Eric M. Freedman

Federal habeas corpus practice and procedure by James S. Liebman

The Human Right to Individual Freedom: A Symposium on World Habeas Corpus, by Luis, Kutner

Federal habeas corpus practice and procedure by James S. Liebman

Confederate bastille : Jefferson Davis and civil liberties by Mark E. Neely



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