 |
Anthony Gregory (born January 3, 1981) is an American historian and author. He has published two books on civil liberties in the United States and in the English legal tradition. [1] [2] Prior to becoming an academic historian, Gregory published hundreds of essays during his tenure as a research fellow at the Independent Institute, a libertarian think tank in the United States. [3]
Gregory received his B.A. (2003), M.A. (2015), and Ph.D. (2020) degrees in history at University of California, Berkeley. His doctoral dissertation was entitled "From War on Crime to Liberal Security State: The New Deal and American Political Legitimacy." [4]
Gregory's political views were influenced by those of his parents. His father was an anti-war conservative who voted for George McGovern instead of Richard Nixon because of the latter's support for the Vietnam War; his mother was an anti-Communist immigrant from Korea. Gregory says he became an anarchist in college, after seeing what he considered to be government bungling of its key function of national security during and after the September 11 attacks in 2001. [1]
In an interview, Gregory identified prisons as an important political issue that libertarians at large have tended not to care about as much as he thinks they should. [1] Gregory's chief criticisms include the imprisonment of non-violent drug offenders, the imprisonment of innocent people due to low evidentiary standards, and the use of methods of imprisonment that are tantamount to torture. [5] [6] [7]
On foreign policy, Gregory is a proponent of non-interventionism and is critical of neoconservatism. [8] [ non-primary source needed ]
He has been critical of the Iraq War and other recent international war-like involvement by the United States. [9] [10] [ non-primary source needed ] Gregory's views on the Iraq War were included in a Reason Magazine summary of libertarian thoughts on the Iraq War 10 years after the beginning of the war. [11]
Gregory has been critical of conscription [12] [ non-primary source needed ] and expressed skepticism of Andrew Bacevich's argument that conscription would reduce support for war. [13] [ non-primary source needed ]
Gregory has argued in favor of free migration [14] and also in favor of amnesty for all illegal immigrants in the United States. [15]
Gregory is author of The Power of Habeas Corpus in America (2013, Cambridge University Press for the Independent Institute). [16] [17] The book was reviewed by Jonathan Hafetz for Reason Magazine . [18] It won the 2013 award for best book on Law & Legal Studies in the American Publishers Awards for Professional and Scholarly Excellence. [19]
He is also the author of American Surveillance: Intelligence, Privacy, and the Fourth Amendment (2016, University of Wisconsin Press). [20] In his March 2017 article in Harvard's Business History Review, Josh Lauer summarizes the book's thesis: "Current battles over government spying are clouded by misplaced anxieties and misunderstandings—in particular, confusion about the essential function of government surveillance and the complex legal edifice upon which American privacy rights rest." [21]
Lauer notes that the book questions the ability of any purely legal reform to curb worrisome developments of the modern surveillance state. Lauer takes issue with Gregory's assertion that "[t]he predicament posed by the NSA, modern police power, and the modern administrative state’s multitude of intrusions into private life is not, ultimately, a legal problem. It is a cultural problem, posed to civilization itself." [22]
Gregory was interviewed by Washington Times writer Joseph S. Diedrich about his personal life and his vision for liberty. [1] He has also appeared on Freedom Watch, a show by Judge Andrew Napolitano hosted by the Fox Business Network. [23]
Habeas corpus is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian to bring the prisoner to court, to determine whether their detention is lawful.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline to enforce judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
Libertarian perspectives on foreign intervention started as a reaction to the Cold War mentality of military interventionism promoted by American conservatives, including William F. Buckley Jr., who supplanted Old Right non-interventionism.
Ex parte Mitsuye Endo, 323 U.S. 283 (1944), was a United States Supreme Court ex parte decision handed down on December 18, 1944, in which the Court unanimously ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States. Although the Court did not touch on the constitutionality of the exclusion of people of Japanese ancestry from the West Coast, which it had found not to violate citizens' rights in the Korematsu v. United States decision on the same date, the Endo ruling nonetheless led to the reopening of the West Coast to Japanese Americans after their incarceration in camps across the U.S. interior during World War II.
The Habeas Corpus Act 1679 is an Act of Parliament in England during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
In American politics, a Libertarian Republican is a politician or Republican Party member who has advocated libertarian policies while typically voting for and being involved with the Republican Party.
Antiwar.com is an American political website founded in 1995 that describes itself as devoted to non-interventionism and as opposing imperialism and war. It has a right-wing libertarian perspective and is a project of the Randolph Bourne Institute. The website states that it is "fighting the next information war”.
The Independent Institute is an American libertarian think tank founded in 1986 by David J. Theroux and based in Oakland, California. The institute has more than 140 research fellows and is organized into seven centers addressing a range of political, social, economic, legal, environmental, and foreign policy issues. The Independent Institute publishes books, reports, blogs, podcasts, and the quarterly scholarly journal The Independent Review.
Andrew J. Bacevich Jr. is an American historian specializing in international relations, security studies, American foreign policy, and American diplomatic and military history. He is a professor emeritus of international relations and history at the Boston University Frederick S. Pardee School of Global Studies. He is also a retired career officer in the Armor Branch of the United States Army, retiring with the rank of colonel. He is a former director of Boston University's Center for International Relations, now part of the Pardee School of Global Studies. Bacevich is the co-founder and president of the Quincy Institute for Responsible Statecraft.
In the United States, libertarianism is a political philosophy promoting individual liberty. According to common meanings of conservatism and liberalism in the United States, libertarianism has been described as conservative on economic issues and liberal on personal freedom, often associated with a foreign policy of non-interventionism. Broadly, there are four principal traditions within libertarianism, namely the libertarianism that developed in the mid-20th century out of the revival tradition of classical liberalism in the United States after liberalism associated with the New Deal; the libertarianism developed in the 1950s by anarcho-capitalist author Murray Rothbard, who based it on the anti-New Deal Old Right and 19th-century libertarianism and American individualist anarchists such as Benjamin Tucker and Lysander Spooner while rejecting the labor theory of value in favor of Austrian School economics and the subjective theory of value; the libertarianism developed in the 1970s by Robert Nozick and founded in American and European classical liberal traditions; and the libertarianism associated with the Libertarian Party, which was founded in 1971, including politicians such as David Nolan and Ron Paul.
The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes".
Mohammed Munaf is an Iraqi–American terrorist convicted in 2008 for his role in the March 2005 kidnapping of three Romanian journalists in Iraq. He was convicted of terrorism charges in Romania and served 7 out of the 10 years of his sentence and was freed on July 6, 2022. In addition to his conviction in Romania, he was sentenced to death by an Iraqi court in October 2006 for his involvement in the kidnapping of the Romanian journalists in 2005, but his conviction was vacated on technical grounds by the Iraqi Court of Cassation on February 29, 2008, and remanded to the lower court for retrial. His habeas corpus petition to prevent his transfer to the Iraqi government was heard by the U.S. Supreme Court, which denied certiorari; the U.S. Court of Appeals ruling in Munaf v. Geren, which rejected Munaf's claims and ruled that his transfer to Iraqi custody was legally valid, was therefore allowed to stand.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
In American politics, a libertarian Democrat is a member of the Democratic Party with political views that are relatively libertarian compared to the views of the national party.
Jonathan Hafetz is an American lawyer and writer.
Gregory G. Garre is an American lawyer who served as the 44th United States Solicitor General from June 19, 2008, to January 16, 2009. He is currently a partner at Latham & Watkins, a private law firm.
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to Johnson's Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.
The Nonhuman Rights Project (NhRP) is an American nonprofit animal rights organization seeking to change the legal status of at least some nonhuman animals from that of property to that of persons, with a goal of securing rights to bodily liberty and bodily integrity. The organization works largely through state-by-state litigation in what it determines to be the most appropriate common law jurisdictions and bases its arguments on existing scientific evidence concerning self-awareness and autonomy in nonhuman animals. Its sustained strategic litigation campaign has been developed primarily by a team of attorneys, legal experts, and volunteer law students who have conducted extensive research into relevant legal precedents. The NhRP filed its first lawsuits in December 2013 on behalf of four chimpanzees held in captivity in New York State. In late 2014, NhRP President Steven Wise and Executive Director Natalie Prosin announced in the Global Journal of Animal Law that the Nonhuman Rights Project was expanding its work into other countries, beginning in Switzerland, Argentina, England, Spain, Portugal, and Australia.
In law, post conviction refers to the legal process which takes place after a trial results in conviction of the defendant. After conviction, a court will proceed with sentencing the guilty party. In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence. This takes place through different legal actions, known as filing an appeal or a federal habeas corpus proceeding. The goal of these proceedings is exoneration, or proving a convicted person innocent. If lacking representation, the defendant may consult or hire an attorney to exercise his or her legal rights.
| International | |
|---|---|
| National | |
| Other | |
