Search for: "Ex parte Milligan"
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14 Jun 2015, 2:20 pm
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]
20 Jul 2010, 5:38 am
Madison.[13] The second concerns the Reconstruction Acts, which put the South under military rule following the Civil War and were behind the great jurisdiction-stripping case of Ex Parte McCardle.[14] And the third addresses two laws passed during Franklin D. [read post]
15 Jun 2010, 2:40 am
It was subject to suspension when the going got tough, as happened during the Civil War when the Great Emancipator suspended it for inhospitable locales, though an earlier flavor of the Supremes held in Ex parte Milligan (1866) that as long as civilian courts functioned, the Great Writ would remain available. [read post]
11 Oct 2010, 1:24 pm
While Congress cannot declare war on a U.S. citizen, it may authorize the use of war powers against state or non-state actors in which U.S. citizens are or may become members (see Prize Cases, Ex parte Milligan, etc.). [read post]
14 Nov 2006, 1:41 pm
" Relying on the Civil War era case of Ex parte Milligan, the lawyers argued that "the Constitution prohibits the military imprisonment of civilians arrested in the United States and outside an active battlefield. [read post]
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]
9 May 2009, 4:00 am
I read the Supreme Court's ex parte Milligan opinion during a lesson on the Civil War. [read post]
21 Dec 2021, 8:52 am
For those clients who missed any of the programs in this year’s series, recordings of all of our past webinars are available on the blog, or you may click on the link for each webinar below to view the online recording. 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law View the Recording The first webinar in the series, led by Robert Milligan, Jesse Coleman, and Joshua Salinas, reviewed the… [read post]
4 Nov 2014, 2:13 am
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]
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]
30 Sep 2014, 7:23 pm
., that such a conclusion follows from the Supreme Court’s 1942 decision in Ex parte Quirin. [read post]
1 Jun 2011, 7:15 pm
Judge Tozzi asked how to reconcile Kahanamoku and Ex Parte Milligan with the Ali case, to which Kazin noted that neither of those appellants served with the land or naval forces, plus they were subjected to military commissions versus a court-martial.Kazin’s argument necessarily relied heavily on individual trial judges’ findings of fact in divining such issues as when does Article 2 jurisdiction over contractors end. [read post]
21 Oct 2016, 6:39 am
But the Supreme Court in Ex Parte Quirin upheld military commissions convictions for offenses against the laws of war. [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]
8 Jan 2023, 6:30 am
Sanford Levinson This post was prepared for a roundtable onFederation and Secession, convened as part of LevinsonFest 2022. [read post]
8 Feb 2024, 9:36 am
Floyd take part in the First Insurrection? [read post]
22 Jun 2010, 1:46 pm
Beasley, J., issued opinion concurring in part and dissenting in part. [read post]
29 Dec 2022, 7:01 am
For those who missed any of the programs in this year’s series, recordings of all of our past webinars are available on the blog, or you may click on the link for each webinar below to view the recording. 2021 Trade Secrets & Non-Competes Year in Review View the Recording The first webinar in the series, led by Robert Milligan, Michael Wexler, and James Yu, reviewed noteworthy legislation, cases, and other legal developments from across the nation throughout 2021 in… [read post]
5 Nov 2011, 9:14 am
http://j.st/Giw Milligan v. [read post]
21 Apr 2023, 4:00 am
Their legislative actions are driven in large part by the fraction of partisans who determine their fates in primary elections, the only contests where they face serious opposition. [read post]