Search for: "Ex parte Milligan"
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6 Dec 2018, 1:35 pm
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]
19 Sep 2018, 7:18 am
Get ready for Ex Parte Milligan, Ex Parte Quirin, and Hamdan v. [read post]
22 May 2018, 6:14 pm
What I think is they looked at the mess in Waco and said we don't want any part of that. [read post]
3 Apr 2018, 1:01 am
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
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]
7 Feb 2018, 7:43 am
State ex. [read post]
26 Jan 2018, 12:56 pm
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
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
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
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
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
But part of me fears something that the Milligan boomlet hints at. [read post]
27 May 2017, 6:17 am
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]
25 May 2017, 1:18 pm
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]
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]
23 May 2017, 12:40 pm
Wilkinson relied on Ex parte Milligan to stand for the proposition that judicial authority cannot be given to the executive, and by extension the military, and that a jury trial is guaranteed for all crimes except impeachment. [read post]
10 Feb 2017, 9:21 am
Humanitarian Law Project, 561 U.S. 1 (2010), Ex parte Milligan, 71 U.S. 2 (1866), and so on. 2. [read post]
9 Feb 2017, 6:18 pm
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]
19 Jan 2017, 10:17 am
In her post “On Bullshit and the Oath of Office,” Quinta Jurecic joined several other commentators in reflecting that President-elect Trump is a bullshitter — in the technical sense of the term as defined by Harry Frankfurt in his classic essay On Bullshit. [read post]
