Search for: "Ex parte Milligan"
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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]
3 Oct 2013, 1:00 pm
Milligan. [read post]
19 Jul 2010, 2:24 am
In seeking to undo the court order vesting his share of the former matrimonial home in his wife, Tony said that his reason to do so was to protect his assets as part of a collusive arrangement with his then wife. [read post]
19 Jul 2010, 2:24 am
In seeking to undo the court order vesting his share of the former matrimonial home in his wife, Tony said that his reason to do so was to protect his assets as part of a collusive arrangement with his then wife. [read post]
7 Mar 2007, 9:36 pm
If Milligan was correct that martial law cannot obtain when "the courts are open and their process unobstructed," which courts? [read post]
13 Aug 2014, 4:34 pm
Kahanamoku, 327 U.S. 304, 322 (1946); Ex parte Milligan, 4 Wall. 110, 121 (1866); Jecker v. [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]
23 Jul 2008, 2:43 pm
Fletcher invokes the 1866 decision in Ex parte Milligan as "the leading precedent. [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]
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]
25 Aug 2016, 3:00 am
Did you know that Garfield also argued a significant Supreme Court case, Ex parte Milligan? [read post]
26 Oct 2014, 8:23 pm
This post includes a draft of the fourth Chapter of Part II (Hierarchies of Law and Governance; Sources and Uses) --Chapter 11 (Role of Law/Rule of Law). [read post]
23 Feb 2008, 6:18 am
Explaining to Reporter Millsaps--again--that Staff Sergeant Ray Girouard and Marine Corps Sergeant Lawrence Hutchins are protected by the Constitution I read Supreme Court Justice David Davis' majority ruling on point (Ex parte Milligan - 1866): "The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. [read post]
14 Apr 2014, 6:53 am
As part of our efforts, this Government is actively inserting Scottish arbitration clauses in all Scottish Government contracts." [read post]
1 Oct 2014, 8:30 am
Practice and the “Law of War” Ex Parte Quirin exemplifies the deference that Congress is owed. [read post]
30 Sep 2014, 5:23 pm
Circuit for former JAGs, former national security officials, and scholars, Steve passes over the Court’s observation in Ex Parte Quirin that the Framers simply did not regard military tribunals as “courts” triggering the strictures of Article III. [read post]
24 Jan 2020, 11:19 am
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]
8 Feb 2013, 5:14 am
On the other hand, Ex parte Milligan (1866) broadly proscribed military commissions against civilians from loyal states. [read post]
22 May 2013, 6:00 am
Consider the famous case Ex parte Milligan, which involved events during the American Civil War. [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]
