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Ruth Bader Ginsburg's final book offers an intimate look at her
extraordinary life and details her lifelong pursuit for gender
equality and a "more perfect Union." In the fall of 2019, Justice
Ruth Bader Ginsburg visited the University of California, Berkeley
School of Law to honor her friend, the late Herma Hill Kay, with
whom Ginsburg had coauthored the very first casebook on sex-based
discrimination in 1974. During Justice Ginsburg's visit, she shared
her life story with Amanda L. Tyler, a Berkeley Law professor and
former Ginsburg law clerk. Their intimate conversation is recorded
here in Justice, Justice Thou Shalt Pursue, along with previously
unpublished materials that detail Ginsburg's long career. These
include notable briefs and oral arguments, Ginsburg's last
speeches, and her favorite opinions that she wrote as a Supreme
Court Justice (many in dissent), along with the statements that she
read from the bench in those important cases. Each document was
carefully chosen by Ginsburg and Tyler to tell the litigation
strategy at the heart of Ginsburg's unwavering commitment to
achieve "a more perfect Union." Ruth Bader Ginsburg was an advocate
and jurist for gender equality, ensuring that the United States
Constitution leaves no person behind and allows every individual to
achieve their full human potential. Her work transformed not just
the American legal landscape, but American society. As revealed in
these pages, Ginsburg dismantled long-entrenched systems of
discrimination based on outdated stereotypes by showing how such
laws hold back both genders. With her death, the country lost a
hero whose incredible life and legacy made the United States a
society in which "We the People," for whom the Constitution is
written, includes everyone.
Legal scholar Amanda L. Tyler discusses the history and future of
habeas corpus in America and around the world. The concept of
habeas corpus-literally, to receive and hold the body-empowers
courts to protect the right of prisoners to know the basis on which
they are being held by the government and grant prisoners their
freedom when they are held unlawfully. It is no wonder that habeas
corpus has long been considered essential to freedom. For nearly
eight hundred years, the writ of habeas corpus has limited the
executive in the Anglo-American legal tradition from imprisoning
citizens and subjects with impunity. Writing in the eighteenth
century, the widely influential English jurist and commentator
William Blackstone declared the writ a "bulwark" of personal
liberty. Across the Atlantic, in the leadup to the American
Revolution, the Continental Congress declared that the habeas
privilege and the right to trial by jury were among the most
important rights in a free society. This Very Short Introduction
chronicles the storied writ of habeas corpus and how its common law
and statutory origins spread from England throughout the British
Empire and beyond, witnessing its use today around the world in
nations as varied as Canada, Israel, India, and South Korea.
Beginning with the English origins of the writ, the book traces its
historical development both as a part of the common law and as a
parliamentary creation born out of the English Habeas Corpus Act of
1679, a statute that so dramatically limited the executive's power
to detain that Blackstone called it no less than a "second Magna
Carta." The book then takes the story forward to explore how the
writ has functioned in the centuries since, including its
controversial suspension by President Abraham Lincoln during the
Civil War. It also analyzes the major role habeas corpus has played
in such issues as the World War II incarceration of Japanese
Americans and the US Supreme Court's recognition during the War on
Terror of the concept of a "citizen enemy combatant." Looking ahead
the story told in these pages reveals the immense challenges that
the habeas privilege faces today and suggests that in confronting
them, we would do well to remember how the habeas privilege brought
even the king of England to his knees before the law.
Ruth Bader Ginsburg's last book is a curation of her own legacy,
tracing the long history of her work for gender equality and a
"more perfect Union." In the fall of 2019, Justice Ruth Bader
Ginsburg visited the University of California, Berkeley School of
Law to deliver the first annual Herma Hill Kay Memorial Lecture in
honor of her friend, the late Herma Hill Kay, with whom Ginsburg
had coauthored the very first casebook on sex-based discrimination
in 1974. Justice, Justice Thou Shalt Pursue is the result of a
period of collaboration between Ginsburg and Amanda L. Tyler, a
Berkeley Law professor and former Ginsburg law clerk. During
Justice Ginsburg's visit to Berkeley, she told her life story in
conversation with Tyler. In this collection, the two bring together
that conversation and other materials-many previously
unpublished-that share details from Justice Ginsburg's family life
and long career. These include notable briefs and oral arguments,
some of Ginsburg's last speeches, and her favorite opinions that
she wrote as a Supreme Court Justice (many in dissent), along with
the statements that she read from the bench in those important
cases. Each document was chosen by Ginsburg and Tyler to tell the
story of the litigation strategy and optimistic vision that were at
the heart of Ginsburg's unwavering commitment to the achievement of
"a more perfect Union." In a decades-long career, Ruth Bader
Ginsburg was an advocate and jurist for gender equality and for
ensuring that the United States Constitution leaves no person
behind. Her work transformed not just the American legal landscape,
but American society more generally. Ginsburg labored tirelessly to
promote a Constitution that is ever more inclusive and that allows
every individual to achieve their full human potential. As revealed
in these pages, in the area of gender rights, Ginsburg dismantled
long-entrenched systems of discrimination based on outdated
stereotypes by showing how such laws hold back both genders. And as
also shown in the materials brought together here, Justice Ginsburg
had a special ability to appreciate how the decisions of the high
court impact the lived experiences of everyday Americans. The
passing of Justice Ruth Bader Ginsburg in September 2020 as this
book was heading into production was met with a public outpouring
of grief. With her death, the country lost a hero and national
treasure whose incredible life and legacy made the United States a
more just society and one in which "We the People," for whom the
Constitution is written, includes everyone.
Habeas Corpus in Wartime unearths and presents a comprehensive
account of the legal and political history of habeas corpus in
wartime in the Anglo-American legal tradition. The book begins by
tracing the origins of the habeas privilege in English law, giving
special attention to the English Habeas Corpus Act of 1679, which
limited the scope of executive detention and used the machinery of
the English courts to enforce its terms. It also explores the
circumstances that led Parliament to invent the concept of
suspension as a tool for setting aside the protections of the
Habeas Corpus Act in wartime. Turning to the United States, the
book highlights how the English suspension framework greatly
influenced the development of early American habeas law before and
after the American Revolution and during the Founding period, when
the United States Constitution enshrined a habeas privilege in its
Suspension Clause. The book then chronicles the story of the habeas
privilege and suspension over the course of American history,
giving special attention to the Civil War period. The final
chapters explore how the challenges posed by modern warfare during
the twentieth and twenty-first centuries have placed great strain
on the previously well-settled understanding of the role of the
habeas privilege and suspension in American constitutional law,
particularly during World War II when the United States government
detained tens of thousands of Japanese American citizens and later
during the War on Terror. Throughout, the book draws upon a wealth
of original and heretofore untapped historical resources to shed
light on the purpose and role of the Suspension Clause in the
United States Constitution, revealing all along that many of the
questions that arise today regarding the scope of executive power
to arrest and detain in wartime are not new ones.
This supplement brings the principal text current with recent
developments in the law.
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