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20 Feb 2007, 10:00 am
It is the fact that the petitioners were enemy aliens - an undisputed fact - that is paramount in Eisentrager: The prisoners rely, however, upon two decisions of this Court to get them over the threshold -- Ex parte Quirin, 317 U.S. 1, and In re Yamashita, 327 U.S. 1. [read post]
9 Feb 2007, 4:34 pm
These have been hornbook law since Ex Parte Bollman. [read post]
8 Feb 2007, 9:27 am
If Bush really bombs Iran and spineless Democrats back him ex post facto then the whole Iraq dynamic changes dramatically, and not for the better. [read post]
5 Feb 2007, 7:43 am
And, unless Posner has evidence to support that "many law professors" (p. 23, emphasis added) put their name as sole author to books or other academic work written in part by assistants, the claim probably should be regarded as an ipse dixit, as an ex cathedra pronounciamento unsupported by evidence.True even if he lacks evidence, it [read post]
24 Jan 2007, 5:38 pm
Attorney Joseph Russoniello, and ex-Federal Judge Eugene Lynch, is preparing to be pretty busy over the next few weeks, since everyone wants a new appointment soon, and little work has been done so far. [read post]
23 Jan 2007, 10:30 am
In this sense Marshall's statement in Ex Parte Bollman is technically correct that the power of *federal* courts to issue writs comes from statute, and not directly from the Constitution. [read post]
14 Jan 2007, 11:01 pm
Just as bad, the Bush Administration has refused, despite Supreme Court law to the contrary, to allow the detainees to raise challenges in our federal courts. [read post]
27 Nov 2006, 9:26 am
However, a new type of regulation has in large part supplanted traditional regulation. [read post]
19 Nov 2006, 9:31 pm
".Looking ahead, the Texas Court of Criminal Appeals in Ex Parte Jose Ernesto Medellin holds that President Bush was powerless to force the Texas judiciary to disregard its rules of procedural default to consider on the merits a Mexican national's Article 36 Vienna Convention claim. [read post]
19 Nov 2006, 1:11 pm
On November 15, 2006, the Court of Criminal Appeals of Texas rejected his admonition in the matter Ex Parte Jos. [read post]
16 Nov 2006, 1:31 am
This weeks he looks at a case where the CCA upholds sentence stacking and offers fragmented views on the right to remain silent and what constitutes ineffective assistance of counsel.The issues raised in Ex Parte Donald Heidelberg, which Wretched discussed, were particularly interesting: I didn't know Texas constitutional law provides stronger protections to defendants than the Fifth Amendment to the US Constitution on whether defendants' silence may be used against them… [read post]
15 Nov 2006, 6:30 pm
Hattip: Grits]The Texas Court of Criminal Appeals today issued its ruling in Ex Parte Jose Ernesto Medellin. [read post]
15 Nov 2006, 1:20 pm
LINKTexas Court of Criminal Appeals, that State's highest court in criminal cases, holds that President Bush was powerless to force the Texas judiciary to disregard its rules of procedural default to consider on the merits a Mexican death row inmate's Article 36 Vienna Convention claim: The Texas Court of Criminal Appeals today issued its ruling in Ex Parte Jose Ernesto Medellin. [read post]
15 Nov 2006, 10:11 am
Dretke, 04-5928) following the President's intervention, is Ex Parte Jose Ernesto Medellin, applicant (docket AP 75,207). [read post]
15 Nov 2006, 8:35 am
Texas Court of Criminal Appeals, that State's highest court in criminal cases, holds that President Bush was powerless to force the Texas judiciary to disregard its rules of procedural default to consider on the merits a Mexican death row inmate's Article 36 Vienna Convention claim: The Texas Court of Criminal Appeals today issued its ruling in Ex Parte Jose Ernesto Medellin. [read post]
14 Nov 2006, 1:41 pm
" Relying on the Civil War era case of Ex parte Milligan, the lawyers argued that "the Constitution prohibits the military imprisonment of civilians arrested in the United States and outside an active battlefield. [read post]
8 Nov 2006, 3:56 pm
Madison, Ex Parte Milligan, Korematsu v. [read post]
5 Nov 2006, 8:00 am
There is, writes Kant, a three-part test that gives us an unfailing peek at the political scoundrel. [read post]
2 Nov 2006, 3:20 am
"Ex-Judges: Detainee Law Unconstitutional. [read post]
31 Oct 2006, 5:52 am
" State ex rel. [read post]
