Search for: "Ex parte Milligan" Results 21 - 40 of 77
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13 May 2014, 5:32 am by Robert B. Milligan
The bill provides for ex parte orders for the preservation of evidence and seizure. [read post]
25 May 2017, 11:20 am
(Good luck trying to access it right now; the 4th Cir. website appears to be overwhelmed... try here) Here's the opening paragraph: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]
16 Jul 2014, 1:00 pm by Peter Margulies
  However, their argument goes far beyond the leading precedents on this question, Ex Parte Milligan and Ex Parte Quirin. [read post]
25 May 2017, 1:18 pm by Kent Scheidegger
Trump, No. 17-1351, begins: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]
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]
31 Dec 2012, 3:29 pm by Robert B. Milligan
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 B. Milligan
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]
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]
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]
23 Jun 2007, 12:20 am
Indeed, the most notable decisions to come out of the Civil War are odes to the constitutional constraints on the President: Ex Parte Milligan and Ex Parte Merryman are perhaps the leading examples. [read post]
28 Nov 2014, 3:17 am by Alasdhair McDonald, Olswang LLP
The appeal related to the defence of illegality (“ex turpi causa non oritur actio”; from a dishonourable cause an action does not arise) in the context of a patent dispute. [read post]
9 Feb 2017, 6:18 pm by Benjamin Wittes
So phrases about how the President is not above the law, and citations to cases like Endo and Ex Parte Milligan are inevitable, as are the arch and clucking dismissals of presidential demands for deference in national security cases and the intoning of the fact that it’s the job of the judiciary to say what the law is. [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]
22 Aug 2014, 5:19 am by Guest Author for TradeSecretsLaw.com
  This entry is part two of a two part series on non-competes and trade secrets in India. [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]
25 Jan 2016, 8:20 am by Helen Klein
Ex parte Milligan, 4 Wall. 2, 123-24 (1866). [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]
2 Dec 2020, 12:05 pm
Ex Parte Milligan, 71 U.S. 2, 120–21 (1866)No balancing of flexible Constitutional concepts for Judge Gordo. [read post]
13 Jan 2009, 6:10 am
It seems implausible to argue that he did not have such power (most do not involve limits on civil liberties, but rather routine exercise of Executive power), with the exception of suspension of habeas corpus (the Supreme Court ruled in Ex parte Milligan that the power to suspend the writ of habeas corpus resided with the Congress, not the President. more on Milligan in a moment.) [read post]