Search for: "Ex parte Milligan"
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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]
13 May 2014, 5:32 am
The bill provides for ex parte orders for the preservation of evidence and seizure. [read post]
14 Apr 2014, 6:53 am
As part of our efforts, this Government is actively inserting Scottish arbitration clauses in all Scottish Government contracts." [read post]
17 Jan 2014, 6:00 am
Supreme Court case of Ex Parte Milligan, revealing new detail on the life of the man -- Lambdin P. [read post]
3 Oct 2013, 1:00 pm
Milligan. [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]
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]
22 May 2013, 6:00 am
Consider the famous case Ex parte Milligan, which involved events during the American Civil War. [read post]
8 Feb 2013, 5:14 am
On the other hand, Ex parte Milligan (1866) broadly proscribed military commissions against civilians from loyal states. [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]
19 Jul 2012, 2:30 pm
For example, like that proposed amendment to the EEA, this provision provides for an ex parte seizure order (1) of any property used in connection with the alleged misappropriation of trade secrets or (2) to ensure the preservation of evidence. [read post]
29 Dec 2011, 7:01 am
This causal view of the ex turpi causa rule was further explained by Lord Hoffman in Gray v Thames Trains Limited, where he observed: It might be better to avoid metaphors like "inextricably linked" or "integral part" and to treat the question as simply one of causation. [read post]
24 Dec 2011, 3:00 am
Supreme Court ruling in Ex parte Milligan (1866).The Conspirator is a good film, though Redford does not always surmount the challenge of creating scenes of drama that no doubt were lacking in the actual military commission, a predetermined proceeding that unfolded in a time of far fewer procedural guarantees. [read post]
18 Aug 2011, 8:13 am
On the other hand, Ex parte Milligan and at least two cases applying the Indian Depredation Act suggest that the existence of a state of war, particularly domestic conflict, is a factual matter to be determined by the courts in the application of domestic law. [read post]
16 Aug 2011, 10:01 am
General Hovey and the officers who conducted Lambin Milligan’s military commission (found to be unconstitutional by the Supreme Court in Ex parte Milligan) were held personally liable for convening this unlawful tribunal even though it may have been ratified by both the executive branch and Congress. [read post]
1 Jun 2011, 7:15 pm
Judge Tozzi asked how to reconcile Kahanamoku and Ex Parte Milligan with the Ali case, to which Kazin noted that neither of those appellants served with the land or naval forces, plus they were subjected to military commissions versus a court-martial.Kazin’s argument necessarily relied heavily on individual trial judges’ findings of fact in divining such issues as when does Article 2 jurisdiction over contractors end. [read post]
11 Oct 2010, 1:24 pm
While Congress cannot declare war on a U.S. citizen, it may authorize the use of war powers against state or non-state actors in which U.S. citizens are or may become members (see Prize Cases, Ex parte Milligan, etc.). [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]
6 Sep 2010, 6:42 pm
(David Bernstein) From the concurring opinion of four Justice in Ex Parte Milligan (1866), arguing that Congress has the power to establish domestic military tribunals for certain crimes during wartime: We have no apprehension that this power, under our American system of government, in which all official authority is derived from the people, and exercised under direct responsibility to the people, is more likely to be abused than the power to regulate commerce, or… [read post]
