Search for: "Ex parte Milligan"
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12 Aug 2016, 8:25 am
Across the span of a century, the Supreme Court has held both that the trial of a noncombatant U.S. citizen by military commission is unconstitutional when civilian courts are still available and operational (in Ex parte Milligan), and that the trial by military commission of a U.S. citizen who is also an unlawful enemy combatant is constitutional (in Ex parte Quirin). [read post]
23 Oct 2014, 6:33 am
The Court’s landmark decision in Ex Parte Milligan dovetails with Quirin. [read post]
11 Sep 2013, 7:25 am
California) Petitioner Elaine Mary Murphy's Ex Parte filed an Application for a Temporary Restraining Order enjoining Respondent William Milligan Sloan from removing their minor child from the jurisdiction of this Court pursuant to the Hague Convention on the Civil Aspects of International Child. [read post]
16 Jun 2016, 10:56 am
The DTSA now allows trade secret owners to sue in federal court for trade secret misappropriation, and seek remedies heretofore unavailable, including an ex parte seizure order. [read post]
11 Jun 2021, 10:30 pm
We note, a little belatedly, that Evelyn Atkinson has reviewed Ex Parte Milligan Reconsidered: Race and Civil Liberties from the Lincoln Administration to the War on Terror, ed. [read post]
13 May 2014, 5:32 am
The bill provides for ex parte orders for the preservation of evidence and seizure. [read post]
26 Jun 2013, 10:29 pm
These deviations may help PRATSA where PATSIA struggled as some members of the legal community contested some of PATSIA’s provisions, including the definition of nationwide service of process and the scope and procedures regarding ex parte seizure orders. [read post]
25 May 2017, 11:20 am
(Good luck trying to access it right now; the 4th Cir. website appears to be overwhelmed... try here) Here's the opening paragraph:The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains “a law for rulers and people, equally in war and in peace. [read post]
16 Jul 2014, 1:00 pm
However, their argument goes far beyond the leading precedents on this question, Ex Parte Milligan and Ex Parte Quirin. [read post]
25 May 2017, 1:18 pm
Trump, No. 17-1351, begins:The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains "a law for rulers and people, equally in war and in peace. [read post]
31 Mar 2021, 6:30 am
As the Supreme Court wrote in the immediate wake of the war in Ex Parte Milligan, “[w]icked men, ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln; and if this right is conceded, and the calamities of war again befall us, the dangers to human liberty are frightful to contemplate. [read post]
22 Mar 2018, 4:00 am
Hidden deep in the younger Lieber’s papers in the National Archives, the manuscript summarizes a strand of thinking about constitutional emergencies that first emerged in the controversies over slavery, then animated Emancipation and the broader legal strategy of the Lincoln White House, before running headlong into the post-war backlash signaled by the Supreme Court’s 1866 decision in Ex Parte Milligan. [read post]
31 Dec 2012, 3:29 pm
By Robert Milligan and Joshua Salinas As part of our annual tradition, here is our list of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2012. [read post]
31 Dec 2012, 3:29 pm
By Robert Milligan and Joshua Salinas As part of our annual tradition, here is our list of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2012. [read post]
13 Oct 2014, 4:27 am
(For an excellent overview of the issues, see the exchange between Steve Vladeck and Peter Margulies over at Lawfare, starting here and here.In Ex parte Quirin the Supreme Court recognized a limited exception to the constitutional requirement of trying crimes in Article III courts. [read post]
23 Jun 2007, 12:20 am
Indeed, the most notable decisions to come out of the Civil War are odes to the constitutional constraints on the President: Ex Parte Milligan and Ex Parte Merryman are perhaps the leading examples. [read post]
8 Nov 2006, 3:56 pm
Madison, Ex Parte Milligan, Korematsu v. [read post]
7 Jan 2019, 9:08 am
And directly after the war, in Ex Parte Milligan, the Supreme Court reversed a conviction obtained by the Lincoln Administration’s wartime military commissions. [read post]
28 Nov 2014, 3:17 am
The appeal related to the defence of illegality (“ex turpi causa non oritur actio”; from a dishonourable cause an action does not arise) in the context of a patent dispute. [read post]
5 Oct 2010, 4:40 am
Missed in last week’s edition was the Alabama Supreme Court’s decision in Ex parte Esaw Jackson. [read post]
