Search for: ""Ex Parte Quirin" OR "317 U.S. 1""
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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.  317 U.S. 1 (1942).  [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 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]
20 Apr 2006, 9:23 am
According to the US legal position, the status of enemy combatant is equivalent to that of an unlawful combatant which is, again according to the US legal position, a status in between combatants and civilians, giving the detainees neither the rights of an prisoner of war, who inter alia has to be released after the actual fighting ends, nor of a civilian, who has to be indicted for a criminal offence immediately (see for the US position the Supreme Court Case, Ex parte… [read post]
20 Apr 2012, 5:41 am by Steve Vladeck
See, e.g., Ex parte Quirin, 317 U.S. 1 (1942) (holding that law-of-war military commission convened July 8, 1942 at Washington, D.C. had jurisdiction to try Richard Quirin and seven others); Sec’y of War Henry L. [read post]
17 May 2012, 6:23 am by Raffaela Wakeman
Each of the offenses at issue has a direct antecedent in “the system of common law applied by [this nation’s] military tribunals,” Ex parte Quirin, 317 U.S. 1, 30 (1942), and incorporated into military regulations at least since the Civil War. [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… [read post]
14 Jul 2014, 6:15 am by Wells Bennett
”  Indeed, the central legal precedent for the use of military commissions to try unprivileged belligerents is Ex parte Quirin, 317 U.S. 1 (1942) [LINK]. [read post]
7 Nov 2013, 11:56 pm by William S. Dodge
Smith, 18 U.S. 153 (1820) (upholding statute that punished piracy “as defined by the law of nations”), and the Supreme Court has looked to treaties to define violations of the laws of war that may be punished by military commission, see Ex Parte Quirin, 317 U.S. 1 (1942); In re Yamashita, 327 U.S. 1 (1946). [read post]
21 Feb 2007, 9:39 am
The Court has, for example, entertained the habeas petitions of an American citizen who plotted an attack on military installations during the Civil War, Ex parte Milligan, 4 Wall. 2 (1866), and of admitted enemy aliens convicted of war crimes during a declared war and held in the United States, Ex parte Quirin, 317 U.S. 1 (1942), and its insular possessions, In re Yamashita, 327 U.S. 1 (1946). [read post]
13 Dec 2006, 4:09 pm
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]
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]
2 Jul 2014, 7:20 am by Wells Bennett
Insofar as certain dicta in Ex Parte Quirin, 317 U.S. 1 (1942) has sometimes been read to suggest otherwise, the OLC Memo points out that the Supreme Court’s actual holding “focused on [the defendants’] conduct behind enemy lines. [read post]
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 Quirin317 U.S. 1 (1942). [read post]
29 Sep 2007, 6:07 am
Here's a preliminary cut.Basically, there are three possibilities: prosecution under Iraqi law, under U.S. civilian law, and under U.S. military law.Iraqi law. [read post]
26 Oct 2014, 8:23 pm
Rumsfeld,[3]124 S Ct 2633 (2004) READ PARTS I, IIIOptional ·      Mary Crock and Daniel Ghezlbash, “Due Process and Rule of Law as Human Rights: The High Court and the ‘Offshore’ Processing of Asylum Seekers,”[4]READ 1-9__________United Nations Rule of LawAboutWhat is the Rule of Law[5]Aristotle said more than two thousand years ago, "The rule of law is better than that of any individual. [read post]
22 Feb 2012, 1:30 pm by Benjamin Wittes
I also benefit from working with a number of Yale law students as part of my office’s internship and externship programs. [read post]
25 Mar 2012, 8:46 pm by Benjamin Wittes
First, the plurality noted that the Court in Ex parte Quirin, 317 U.S. 1 (1942), did not affirmatively decide whether conspiracy to violate the law of war was itself a violation of the law of war triable by law-of-war military commission, thus negating the case’s precedential value. [read post]