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26 May 2009, 5:31 pm
(Bollman), 951 A.2d 1242 (Pa. [read post]
21 Aug 2009, 12:50 am
So we must revert to the classical answer, which was given by CJ John Marshall in 1807 in Ex Parte Bollman: When the Supreme Court grants a habeas petition, it is exercising appellate jurisdiction, not original jurisdiction, at least as far as Article III is concerned.Now we have to ask what the relationship is between the S Ct and the district court in Davis. [read post]
28 Aug 2007, 2:47 pm
Here I want to see if any sense can be made of the Scalia view.I'll begin by putting aside Scalia's historical and doctrinal arguments (except to say that I think he overreads Ex Parte Bollman). [read post]
4 Dec 2006, 3:24 pm
That is, if the Supreme Court could only hear "original" habeas petitions when a lower court was being reviewed (as it held in 1807 in Ex parte Bollman), it (and its Justices) couldn't have heard Merryman. [read post]
24 Jan 2011, 4:46 pm
” As far back as the 1807 Supreme Court decision in Ex parte Bollman, the brief said, the Court had made clear that “the power to award the writ [of habeas corpus] by any of the courts of the United States must be given by written law. [read post]
21 Aug 2023, 4:00 am
Thus, in Ex Parte Bollman (1807), SCOTUS said that federal court jurisdiction to entertain habeas corpus petitions existed only because Congress had authorized it by statute but also that Congress did so because "it must have felt with peculiar force the obligation of providing efficient means by which th[e] great constitutional privilege [of the writ] should receive life and activity . . . . [read post]
1 Sep 2017, 2:55 am
Marshall and the Supreme Court had narrowed that definition in an earlier case related to Burr called Ex parte Bollman. [read post]
15 Jan 2012, 1:11 pm
Submitting IDS without reading documents: In a related OED settlement, William Bollman agreed to a [read post]
20 Dec 2017, 11:57 am
And the Supreme Court itself — in decisions like Ex parte Bollman, dating to the very early days of the republic — has emphasized that stare decisis is critical to ensuring that legal rules are not “uncertain and fluctuating” or “liable to change with every change of times and circumstance. [read post]
9 Feb 2007, 4:34 pm
These have been hornbook law since Ex Parte Bollman. [read post]
16 Jan 2024, 5:45 am
His opinion in Ex parte Bollman (1807) asserted, “if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all of those who perform any part, however minute or remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. [read post]
6 Feb 2020, 1:41 pm
Tracy Pearl’s article Fast & Furious: The Misregulation of Driverless Cars is cited in the following article: Sean Bollman, Autonomous Vehicles: A Future Fast Approaching With No One Behind the Wheel, 20 U. [read post]
5 Dec 2017, 11:00 am
After describing the Supreme Court’s release of the Burr conspirators in Ex parte Bollman (1807) and the flurry of habeas proceedings during the War of 1812, Tyler traces a wartime writ in decline. [read post]
2 Jul 2020, 9:31 am
On June 25, the Supreme Court issued its much-anticipated holding in Department of Homeland Security v. [read post]
20 Jul 2017, 11:00 am
The most important book ever written on presidential impeachment is only 69 pages long. [read post]
