John Moreland (Indiana University Maurer School of Law) has posted A Law for Rulers and People: David Davis, Ex Parte Milligan, and Constitutional Liberalism During the Civil War Era ("A Law for Rulers and People: David Davis, Ex Parte Milligan, and Constitutional Liberalism During the Civil War Era" (2016). Theses and Dissertations. 587) on SSRN. Here is the abstract:
This thesis examines the political and judicial life of Judge David Davis, his opposition to partisan politics, his maturation as a civil libertarian, his drafting of Ex parte Milligan (1866), and the opinion’s impact on the partisanship and political instability of Reconstruction.