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7 Dec 2015, 5:43 am by David Kopel
The summary military trial and execution of some of these Germans is the subject of the Supreme Court case Ex Parte Quirin, 317 U.S. 1 (1942). [read post]
16 Jun 2015, 9:09 am by Zoe Bedell
The court relied primarily on the Supreme Court’s 1942 decision in Ex Parte Quirin, where the Court addressed the contours of the Article III exception for law-of-war military commissions. [read post]
14 Jun 2015, 2:00 pm by Peter Margulies
The Supreme Court said in 1942’s Ex Parte Quirin (the Nazi saboteurs case) that a military commission could try defendants for violations of the law of war, which the Court depicted as predominantly, if not exclusively, international in nature. [read post]
21 Feb 2015, 12:01 am by rhapsodyinbooks
 
 
Instead, they are being held as “enemy combatants,” a term that first appeared in Supreme Court jurisprudence in Ex Parte Quirin, 317 U.S. 1  (1942). [read post]
29 Jan 2015, 5:19 pm by Alex Ely
Rumsfeld, and Ex Parte Quirin, where American citizens collaborating with the Nazis landed at Long Island to try to attack the country. [read post]
7 Nov 2014, 3:32 pm by Matt Danzer
 Further, the precondition that the offense charged occur within the period of the war implies that the charges must be brought swiftly after the accused is captured, as demonstrated in Ex parte Quirin, where the accused were executed less than a month after entering the US. [read post]
1 Nov 2014, 8:08 am by Eric Muller
 On the same day that the Court upheld removal on constitutional grounds, it struck down continued detention in Ex parte Endo on, in effect, administrative law grounds. [read post]
25 Oct 2014, 6:55 am by Benjamin Bissell
United States and analyzed Judge David Tatel’s “keen sensitivity” to a key precedent, Ex Parte Quirin. [read post]
23 Oct 2014, 11:06 am by Benjamin Bissell
” In the wake of Russian moves in eastern Europe, which have triggered unease among Moscow’s Baltic neighbors, the BBC writes that hundreds of soldiers have taken part in a huge NATO exercise in Latvia, “Exercise Silver Arrow. [read post]
23 Oct 2014, 6:55 am by Steve Vladeck
Second, and more significantly, Peter argues that Ex parte Quirin, fairly read, supports military jurisdiction over both international war crimes and  “those domestic law charges related to armed conflict that international law permits states to try in commissions. [read post]
23 Oct 2014, 6:33 am by Peter Margulies
  The Court’s landmark decision in Ex Parte Milligan dovetails with Quirin. [read post]
22 Oct 2014, 4:24 pm by Wells Bennett
In this little read-out, I’ll make this lone observation (one I see Steve also mentioned too, over at Just Security): with his questions to both parties today, Judge David Tatel demonstrated keen sensitivity to a key precedent, Ex Parte Quirin. [read post]
19 Oct 2014, 9:01 pm by Ronald D. Rotunda
However, if the hypothetical alien had been walking in Toledo and the Government could prove that he was an enemy spy who had been inside enemy lines fighting against the United States, and then sneaked into the United States as a spy, he would be like the aliens whom the Government captured in Ex parte Quirin. [read post]
13 Oct 2014, 4:27 am by Jonathan Hafetz
(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]
1 Oct 2014, 7:11 pm by Steve Vladeck
Circuit, and one that raises fundamentally different issues than the Ex Post Facto Clause claim sidestepped by the en banc D.C. [read post]
1 Oct 2014, 8:30 am by Peter Margulies
Practice and the “Law of War” Ex Parte Quirin exemplifies the deference that Congress is owed. [read post]
30 Sep 2014, 7:23 pm by Steve Vladeck
., that such a conclusion follows from the Supreme Court’s 1942 decision in Ex parte Quirin. [read post]