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24 Jan 2020, 11:19 am by Nicholas Mosvick
He joined the majority in the Prize Cases, upholding Lincoln’s 1861 blockade of Southern ports issued without Congressional authorization, and after the war, voted to uphold the federal government’s issuing of paper money in the Legal Tender Cases and the use of military trials for civilians in Ex Parte Milligan. [read post]
24 Sep 2019, 6:45 pm by Jen Patja Howell
The two also discussed the famous Reconstruction-era military commissions precedent Ex parte Milligan, Lieber’s anxieties about congressional power, and more. [read post]
7 Jan 2019, 9:08 am by Guest Blogger
  And directly after the war, in Ex Parte Milligan, the Supreme Court reversed a conviction obtained by the Lincoln Administration’s wartime military commissions. [read post]
6 Dec 2018, 1:35 pm by Michael Wexler and Robert B. Milligan
While the Defend Trade Secrets Act provides for an ex parte seizure order, courts have been very unwilling to provide such relief except in extraordinary circumstances. [read post]
3 Apr 2018, 1:01 am by rhapsodyinbooks
In Ex parte Milligan, the Court was tasked with deciding whether Lincoln had followed the Constitution when he authorized martial law. [read post]
3 Apr 2018, 1:01 am by rhapsodyinbooks
In Ex parte Milligan, the Court was tasked with deciding whether Lincoln had followed the Constitution when he authorized martial law. [read post]
22 Mar 2018, 4:00 am by Karen Tani
Hidden deep in the younger Lieber’s papers in the National Archives, the manuscript summarizes a strand of thinking about constitutional emergencies that first emerged in the controversies over slavery, then animated Emancipation and the broader legal strategy of the Lincoln White House, before running headlong into the post-war backlash signaled by the Supreme Court’s 1866 decision in Ex Parte Milligan. [read post]
As a conclusion to this well-received webinar, we compiled a summary of takeaways: While the Defend Trade Secrets Act provides for an ex parte seizure order, courts have been very unwilling to provide such relief except in extraordinary circumstances. [read post]
23 Aug 2017, 7:39 am by Seyfarth Shaw LLP
It affords damages and injunctive relief and further allows an aggrieved party to obtain an ex parte seizure of property necessary to prevent the propagation or dissemination of a trade secret. [read post]
23 Aug 2017, 7:39 am by Seyfarth Shaw LLP
It affords damages and injunctive relief and further allows an aggrieved party to obtain an ex parte seizure of property necessary to prevent the propagation or dissemination of a trade secret. [read post]
31 May 2017, 1:08 pm by Quinta Jurecic
Court of Appeals for the Fourth Circuit’s interesting citation of Ex parte Milligan in the travel ban case. [read post]
31 May 2017, 9:09 am by Robert Chesney, Steve Vladeck
 The explain what that label does and does not refer to, survey the pre-9/11 history (with an emphasis on key Supreme Court decisions like Ex parte Milligan and Ex parte Quirin), identify the key issues raised by the military commission system established after 9/11, track how those issues evolved over time (as the executive branch tinkered with the rules, as the courts weighed in, and as Congress ultimately intervened in 2006 and… [read post]
30 May 2017, 8:19 am by Andrew Kent
But part of me fears something that the Milligan boomlet hints at. [read post]
27 May 2017, 6:17 am by Jonathan Hafetz
Court of Appeals for the Fourth Circuit, starts his recent ruling on President Trump's travel ban with these two questions: 1) is the Constitution (still) "a law for rulers and people equally in war and in peace (citing Ex parte Milligan)? [read post]
25 May 2017, 3:33 pm
Here's a breakdown: The first 11 pages lists the parties and numerous amici.Pages 12-79 is the majority opinion which begins like this:The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2, 120 (1866), remains “a law for rulers and people, equally in war and in peace. [read post]