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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. The writ empowers the judiciary to determine whether an arrest has been made with just cause and, where appropriate, to award prisoners their freedom. For this reason, the eighteenth-century jurist William Blackstone described the writ of habeas corpus as a bulwark of our liberties and the English Habeas Corpus Act of 1679 as a second Magna Carta. Amanda L. Tyler traces the history of habeas corpus from its origins in English law to its spread throughout the world and its incorporation in the American constitutional framework, giving special attention to its application at various flashpoints in recent history, including during World War II and the War on Terror.
Amanda L. Tyler is the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law, where she teaches and writes about the federal courts, the Supreme Court, constitutional law, legal history, and procedure. Tyler is the author of Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay. She is also a co-author, with Justice Ruth Bader Ginsburg, of Justice, Justice Thou Shalt Pursue: A Life's Work Fighting for a More Perfect Union. In addition, Tyler has served since 2016 as a co-editor of Hart and Wechsler's The Federal Courts and the Federal System, and she was a contributing author to Federal Court Stories and the Cambridge Companion to the United States Constitution. Tyler is a graduate of Stanford University and Harvard Law School and a former law clerk to the Honorable Guido Calabresi at the United States Court of Appeals for the Second Circuit and the Honorable Ruth Bader Ginsburg at the Supreme Court of the United States.
