1024 - 10/24 1. Supreme Court Cases and Precedents 1. Ex...

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10/24 1. Supreme Court Cases and Precedents 1. Ex parte Milligan (1866) 1. Planning to steal union weapons and invade union POW camps 2. Military commision 3. Only if no civilian courts 4. application of military tribunals to citizens when civilian courts are still operating is unconstitutional 2. Ex parte Quirin (1943) 1. Saboteurs trained in Germany--arrived to west coast in submarines 2. Dressed as german marines 3. Going to blow up civilian facilities (caught because two of them turned on the other 6)--6 were sentenced to death, other 2 sentenced to 30 and life 4. Lawful and unlawful combatants (trial by military commission of any unlawful combatant) 3. Rumsfeld-Bush Administration-Gonzalez 1. Detainees at Camp X-Ray, Delta, Guat. Bay were unlawful combatants (based on the Quirin decision) 4. Hamdi v. Rumsfeld (2004) 1. If you are an american citizen, you can contest status as unlawful combatant (can say if they want civilian court) 5. Hooks and Mosher 1. Not Wrong (arguments made that Abu Ghraib was not wrong):
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This note was uploaded on 12/08/2011 for the course LEGAL 297 taught by Professor Kelleher during the Fall '08 term at UMass (Amherst).

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1024 - 10/24 1. Supreme Court Cases and Precedents 1. Ex...

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