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7 Jul 2011, 8:29 am by Curt Bradley
Regan and Ex parte Quirin suggest that it is probably sufficient for the Executive to argue that Congress was aware of its judicially-recognized authority to determine individual immunity when it enacted the FSIA and did nothing to displace that authority. [read post]
3 May 2011, 1:48 pm by BH
Looney, 235 F.2d 429 (10th Cir. 1956):The case it cites is a Supreme Court case from WWII, Ex parte Quirin 317 U.S. 1 (1942), which says:I’m no expert in this subject, but either 1) Stephen Carter is wrong - doubtful - 2) the NYT reviewer is wrong - possible - or, most likely, 3) the NYT reviewer was lazy in summarizing Carter’s statements about unlawful combatants and the Bush administration. [read post]
9 Feb 2011, 10:38 am by Kevin Russell
Krueger (whether civilian spouse of U.S. service member can be tried by court martial for murdering her husband) and Ex parte Quirin (1942) (challenging the President’s power to try accused German saboteurs by military tribunal during World War II). [read post]
20 Sep 2010, 6:43 am by Robert Chesney
  But the fact remains that there is no actual Supreme Court holding to this effect, and Ex parte Quirin remains on the books pointing in the other direction (recall that one of the German saboteurs was a citizen). [read post]
13 Sep 2010, 6:23 am by Kent Scheidegger
No points for guessing who the other speaker is.On a legal history trivia note, this is the landing site of the German U-boat full of saboteurs that led to the landmark Supreme Court case of Ex parte Quirin, 317 U.S. 1 (1942).Note the dates: about seven weeks from landing of the U-boat to execution of the saboteurs. [read post]
3 Sep 2010, 8:05 pm by Kevin Jon Heller
  But that is a legislative limitation, not a constitutional one; indeed, in Ex parte Quirin, the Supreme Court upheld a military commission’s conviction of an American citizen, Hans Haupt. [read post]
8 Aug 2010, 1:04 am
Supreme Court, which refused in Ex parte Quirin (1942). [read post]
15 Feb 2010, 5:50 pm by Dwight Sullivan
  Included in the “G-Men and Journalists” exhibit was a small display about the 1942 German saboteur operation that resulted in the Supreme Court’s Ex Parte Quirin opinion. [read post]
25 Jan 2010, 6:32 pm
S. 331, 353–354 (2006); Hamdan, supra, at 588 (quot-ing Ex parte Quirin, 317 U. [read post]
13 Mar 2009, 11:46 pm
So it's scant surprise that yesterday's Memorandum referred to "the AUMF and analogous principles from the law of war," and continued:Longstanding law-of-war principles recognize that the capture and detention of enemy forces "are ‘important incident[s] of war.'" Hamdi, 542 U.S. at 518 (quoting Ex Parte Quirin, 317 U.S. 1, 28 (1942)).The filing is fraught with problems, among them the failures… [read post]
29 Jan 2009, 4:01 pm
. - Law) will give a talk today at the University of Georgia School of Law International Law Colloquium Series on "'Not a Happy Precedent': The Story of Ex parte Quirin. [read post]
6 Jan 2009, 6:21 am
. - Law), "'Not a Happy Precedent': The Story of Ex parte Quirin"February 6, 2009: Thomas H. [read post]
21 Oct 2008, 10:29 pm
Press The Influence of Ex Parte Quirin and Courts-Martial on Military Commissions  [pdf]   Morris D. [read post]
20 Aug 2008, 10:03 am
The Bush Administration lawyers decided, on the basis of one highly criticized Supreme Court case, Ex parte Quirin (1942), to argue that anyone designated an "enemy combatant" had no rights under Geneva or any other law, including the criminal law of the United States. [read post]
23 Jul 2008, 2:43 pm
Fletcher invokes the 1866 decision in Ex parte Milligan as "the leading precedent. [read post]
18 Jun 2008, 12:16 am
Ex Parte Quirin (the Nazi saboteur case) provides a place for the unlawful combatant category within U.S. law, but it is still an awkward fit for non-battlefield terrorism suspects. [read post]
13 May 2008, 11:32 am
" And indeed, in the collection you can find plates for such classic cases as Ex Parte Quirin, Phillip Morris USA v. [read post]
19 Apr 2008, 9:34 am
Rumsfeld in 2006, and to the Court’s “Queren” decision mean Ex parte Quirin in 1942.) [read post]