Search for: "Ex parte Milligan" Results 41 - 60 of 100
Sort by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
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]
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]
4 Nov 2014, 2:13 am by Ed. Microjuris.com Puerto Rico
Ejemplo de esto fue la inconstitucionalidad de la suspensión de Habeas Corpus por parte del presidente Abraham Lincoln en Ex parte Milligan, 71 U.S. 2 (1866); la inconstitucionalidad de que el presidente nacionalice una fábrica de acero en tiempo de guerra como resultado de una huelga laboral en Youngstown Sheet & Tube Co. v. [read post]
23 Oct 2014, 6:33 am by Peter Margulies
  The Court’s landmark decision in Ex Parte Milligan dovetails with Quirin. [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]
1 Oct 2014, 8:30 am by Peter Margulies
Practice and the “Law of War” Ex Parte Quirin exemplifies the deference that Congress is owed. [read post]
30 Sep 2014, 7:23 pm by Steve Vladeck
., that such a conclusion follows from the Supreme Court’s 1942 decision in Ex parte Quirin. [read post]
30 Sep 2014, 5:23 pm by Peter Margulies
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]
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]
13 Aug 2014, 4:34 pm by Jane Chong
Kahanamoku, 327 U.S. 304, 322 (1946); Ex parte Milligan, 4 Wall. 110, 121 (1866); Jecker v. [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]