Peer-Reviewed Journal Details
Mandatory Fields
Tillman, Seth Barrett
2016
July
Military Law Review
Ex parte Merryman: Myth, History, and Scholarship
Published
()
Optional Fields
224
2
481
540
This article has been cited 24 times (since October 4, 2019). Ex parte Merryman is iconic. It is, arguably, the first major American case testing the scope of lawful military authority during war time. Not only during a war, but during a civil war. Not only were the civilian (judicial) authorities in conflict with the military authorities, but the Chief Justice of the United States clashed with the President — or, at least, that is the story as it is commonly told. It is an 1861 case, but the stakes were large and, sadly, the issues remain relevant if not eternal. However, the standard restatement of the facts and holding of Ex parte Merryman appearing in many (if not most) law review articles is wrong. Moreover, these mistakes are not unique to academic lawyers; a fair number of judges, historians, and academics in allied fields make the same or very similar mistakes. These repeated errors are somewhat surprising because Merryman is, if not a leading case, only one short step removed from the received case law canon. To put it another way, what is frequently written about Merryman is a series of myths. This Article seeks to disentangle Merryman’s many myths from reality. This article was published in a journal that was JCR ranked (in its year of publication) and also ranked by Elsevier/SCOPUS/SJR. This journal has an "A" ranking from Deakin.
Washington, DC
0026-4040
http://ssrn.com/abstract=2646888
Grant Details