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CURRENT ISSUE - December 2013
- "The Persistent Nullifer: The Life of Civil War Conspirator Lambdin P. Milligan"
By Stephen E. Towne
- In October 1864, Huntington, Indiana, lawyer and politician Lambdin Milligan was arrested for treason, charged with being one of the leaders of a conspiracy to overthrow the government of the state of Indiana in support of the Confederate cause. Milligan was tried by a military commission, found guilty, and sentenced to death. His appeal led all the way to the U.S. Supreme Court, where the landmark case Ex parte Milligan decided that civilians could not be tried in military courts, even in times of war, when civil courts remained open. Towne looks at the life and political beliefs of Milligan, who has often been portrayed as a victim of political persecution or a martyr, and finds instead a supporter of states' rights and slavery who "driven by his long-held ideologies, conspired against his government."
- "Ex parte Milligan: History and Historians"
By Peter J. Barry
- For almost 150 years, historians, political scientists, and scholars of American Constitutional law have studied the landmark Supreme Court case Ex parte Milligan. Peter Barry considers the writings of a wide variety of scholars who have chronicled the case and "have served important roles in establishing the longevity, significance, and key attributes of the Milligan case."
- "Ex parte Milligan and the Detainees at Guantanamo Bay: A Legacy Lost"
By Justice Steven H. David
- Indiana State Supreme Court Justice David, who has also served as the Chief Defense Counsel for the Military Commissions at Guantanamo Bay, Cuba, looks at the 150-year-old Ex parte Milligan case through the lens of contemporary, post-9/11 challenges to the legal rights of those deemed political prisoners in the War on Terror. David looks for answers to his question: "Was it necessary to treat the Global War on Terror as unique and so frightening that our government could shrug off the protections found in our Constitution?"