2006 Edward S. Corwin Award

For the best dissertation completed in the field of public law.

Award Committee: Jeff Yates, University of Georgia, Chair; Austin Sarat, Amherst College; Sanford C. Gordon, New York University

Recipient: Justin Wert, University of Oklahoma

Dissertation: "The Not-So-Great Writ: Habeas Corpus and American Political Development"

Dissertation Chair: Rogers M. Smith, University of Pennsylvania

Citation: Justin Wert's "The Not-So-Great Writ: Habeas Corpus and American Political Development" is the committee’s choice for the 2006 Edward S. Corwin award for the best dissertation completed in the field of public law. It is an outstanding work of political science scholarship. The study fits into the broader themes of public law research by analyzing a topic that is of interest not only to scholars of law and courts, but also the executive, public policy, and American politics generally.

The author provides an intriguing and thorough analysis of the historical dynamics of the Great Writ - the key instrument in the American system through which individuals incarcerated by the state can demand, receive, and challenge in a public forum the reasons for their incarceration. He traces the development of Habeas Corpus law across four periods of American history—ante-bellum slave law; Reconstruction; the incorporation of the Bill of Rights; and use of the writ during war, with special focus on the current "War on Terror"—and argues that writ has been inextricably linked to shifting conceptions of American citizenship and race.

In sum, he provides a compelling account of the role politics has played in shaping the capacity of the writ to fulfill its potential as a shield of individual liberties.