Search for: "Ex parte Milligan" Results 21 - 40 of 78
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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]
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]
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 by Jordan Brunner, Chris Mirasola
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 by Jane Chong
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 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]
19 Jan 2017, 10:17 am by Andrew Mark Bennett
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]
7 Jan 2017, 3:51 am by Mitra Sharafi
  Ex parte Milligan will figure prominently in it.Anuj Bhuwania's new book, Courting the People: Public Interest Litigation in Post-Emergency India has been excerpted and featured in Scroll.in. [read post]
21 Oct 2016, 6:39 am by Helen Klein Murillo, Alex Loomis
But the Supreme Court in Ex Parte Quirin upheld military commissions convictions for offenses against the laws of war. [read post]
25 Aug 2016, 3:00 am by Scott Bomboy
Did you know that Garfield also argued a significant Supreme Court case, Ex parte Milligan? [read post]
12 Aug 2016, 8:25 am by Quinta Jurecic
Across the span of a century, the Supreme Court has held both that the trial of a noncombatant U.S. citizen by military commission is unconstitutional when civilian courts are still available and operational (in Ex parte Milligan), and that the trial by military commission of a U.S. citizen who is also an unlawful enemy combatant is constitutional (in Ex parte Quirin). [read post]
26 Jul 2016, 1:34 pm by Dan Ernst
[We have the following announcement.]Ex Parte Milligan at 150: The Constitution & Military Commissions in American Wars on Terror, September 22-24, 2016Illinois State University is proud to announce a conference to mark the 150th anniversary of Ex parte Milligan (1866), sponsored by Illinois State University and the David Davis Mansion on September 22-24, 2016 at the Marriot Hotel, Normal Illinois.David Davis, J. [read post]
 The DTSA now allows trade secret owners to sue in federal court for trade secret misappropriation, and seek remedies heretofore unavailable, including an ex parte seizure order. [read post]
25 Jan 2016, 8:20 am by Helen Klein
Ex parte Milligan, 4 Wall. 2, 123-24 (1866). [read post]
5 Nov 2015, 11:43 am by Andrew Hamm
In Ex parte Milligan, Black convinced the Court to find unconstitutional the Union Army’s use of military tribunals, rather than civilian courts, for citizens – a severe blow to Republican aims in Reconstruction. [read post]
14 Jun 2015, 2:20 pm by Steve Vladeck
And so, whereas Judge Henderson makes great hay in her dissent out of the fact that "the Supreme Court has found a violation of the Judicial Power Clause in only two cases—both involving bankruptcy courts," she completely neglects the myriad other cases (including Ex parte Milligan, Toth, Reid v. [read post]
19 Feb 2015, 1:44 pm by Giles Peaker
The subject matter is sufficient to exclude ex turpi causa in this instance. [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]
15 Nov 2014, 8:06 am by Giles Peaker
For good measure, and assuming the RLA are thinking of ex turpi causa, we could throw in Tinsley v Milligan [1993] 3 All ER 65, [1994] 1 AC, a property rights case, which broadly held that a claimant will fail on grounds of illegality only if his claim requires him to rely upon or plead an illegal act. [read post]