Search for: "Ex parte Milligan"
Results 41 - 60
of 100
Sorted by Relevance
|
Sort by Date
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]
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]
19 Jul 2012, 2:30 pm
For example, like that proposed amendment to the EEA, this provision provides for an ex parte seizure order (1) of any property used in connection with the alleged misappropriation of trade secrets or (2) to ensure the preservation of evidence. [read post]
16 Aug 2011, 10:01 am
General Hovey and the officers who conducted Lambin Milligan’s military commission (found to be unconstitutional by the Supreme Court in Ex parte Milligan) were held personally liable for convening this unlawful tribunal even though it may have been ratified by both the executive branch and Congress. [read post]
22 Aug 2014, 5:19 am
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]
10 Jan 2008, 4:42 pm
Justice David Davis Ex parte Milligan 71 U.S. 2, 120-121 (1866) In recent years, U.S. counterterrorism agent Jack Bauer (pictured, right) has showed up in some far-flung places, from the mountains of Mexico to a Chinese prison cell to the sewer system of Greater Los Angeles. [read post]
22 Feb 2008, 7:19 pm
Milligan was not. [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 Jan 2016, 8:20 am
Ex parte Milligan, 4 Wall. 2, 123-24 (1866). [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]
18 Aug 2011, 8:13 am
On the other hand, Ex parte Milligan and at least two cases applying the Indian Depredation Act suggest that the existence of a state of war, particularly domestic conflict, is a factual matter to be determined by the courts in the application of domestic law. [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]
21 Mar 2022, 12:37 pm
(See, e.g., Koramatsu, Ex Parte Milligan, etc.).I get that Justice Wiley says later in the opinion that the "written law" here isn't violated in any event. [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]
