Habeas corpus after 9/11 : confronting America's new global detention system /

Habeas corpus is a fundamental right in the US Constitution whose origins go back to British common law. It is the right to be brought before a judge to determine the legality of one's incarceration. Throughout US history, including the Civil War and WW I and II, habeas corpus was respected and defended by the courts. Yet the terrorist attacks of 9/11, and the Bush administration's decision to incarcerate enemy combatants at Guantanamo Bay without trial, tested the scope and commitment of this constitutional right. Hafetz's book is an excellent account of the five major Supreme Court cases addressing habeas corpus and constitutional rights to a fair trial after 9/11. Hafetz (Seton Hall Law School) explores how the Bush-declared War on Terror challenged and bypassed habeas corpus. He does this by explaining the Bush administration's legal arguments for detention without trial, how it contended that global terrorism necessitated new national security methods, and how it responded to the different Supreme Court decisions by shifting legal arguments and tactics. The book concludes by asserting that the Obama administration has mostly continued the Bush arguments and practices. Excellent for collections on law, terrorism, and national security. Summing Up: Highly recommended. All readership levels. D. Schultz Hamline University