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 Decade: 2010-2019
 Collection: Congressional Research Service Reports
Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

Date: March 21, 2014
Creator: Brougher, Cynthia
Description: This report examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, such as employment nondiscrimination, health care, and public accommodations law. Finally, it analyzes recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement.
Contributing Partner: UNT Libraries Government Documents Department
Legal Standing Under the First Amendment's Establishment Clause

Legal Standing Under the First Amendment's Establishment Clause

Date: April 5, 2011
Creator: Brougher, Cynthia
Description: This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause.
Contributing Partner: UNT Libraries Government Documents Department
Congressional Authority to Regulate Firearms: A Legal Overview

Congressional Authority to Regulate Firearms: A Legal Overview

Date: April 5, 2013
Creator: Chu, Vivian S.
Description: Courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in United States v. Lopez.
Contributing Partner: UNT Libraries Government Documents Department
No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet

No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet

Date: October 23, 2014
Creator: Chu, Vivian S.
Description: This report discusses the reluctance by the Supreme Court to take cases involving the Second Amendment. Commentators have observed that the Court appears to have become "gun shy" regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010.
Contributing Partner: UNT Libraries Government Documents Department
Habeas Corpus Legislation in the 111th Congress

Habeas Corpus Legislation in the 111th Congress

Date: December 30, 2010
Creator: Doyle, Charles
Description: This report is a brief overview of the recommendations from the Constitution Subcommittee of the House Committee on the Judiciary and legislative proposals on habeas review.
Contributing Partner: UNT Libraries Government Documents Department
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background

National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background

Date: January 3, 2014
Creator: Doyle, Charles
Description: This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
Contributing Partner: UNT Libraries Government Documents Department
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background

National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background

Date: July 31, 2015
Creator: Doyle, Charles
Description: This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
Contributing Partner: UNT Libraries Government Documents Department
Privacy: An Abridged Overview of the Electronic Communications Privacy Act

Privacy: An Abridged Overview of the Electronic Communications Privacy Act

Date: March 30, 2011
Creator: Doyle, Charles
Description: This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
Contributing Partner: UNT Libraries Government Documents Department
Privacy: An Abridged Overview of the Electronic Communications Privacy Act

Privacy: An Abridged Overview of the Electronic Communications Privacy Act

Date: October 9, 2012
Creator: Doyle, Charles
Description: Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
Contributing Partner: UNT Libraries Government Documents Department
Privacy: An Overview of the Electronic Communications Privacy Act

Privacy: An Overview of the Electronic Communications Privacy Act

Date: March 30, 2011
Creator: Doyle, Charles
Description: This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
Contributing Partner: UNT Libraries Government Documents Department
Privacy: An Overview of the Electronic Communications Privacy Act

Privacy: An Overview of the Electronic Communications Privacy Act

Date: October 9, 2012
Creator: Doyle, Charles
Description: Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
Contributing Partner: UNT Libraries Government Documents Department
Public Employees' Right to Privacy in Their Electronic Communications: City of Ontario v. Quon in the Supreme Court

Public Employees' Right to Privacy in Their Electronic Communications: City of Ontario v. Quon in the Supreme Court

Date: July 28, 2010
Creator: Doyle, Charles
Description: This report discusses public employees' right to privacy in their electronic communications, the supreme court case City of Ontario v. Quon.
Contributing Partner: UNT Libraries Government Documents Department
Search and Seizure Cases in the October 2012 Term of the Supreme Court

Search and Seizure Cases in the October 2012 Term of the Supreme Court

Date: May 15, 2013
Creator: Doyle, Charles
Description: The Supreme Court decided four search and seizure cases during its October 2012 term: Florida v. Jardines, Florida v. Harris, Bailey v. United, and Missouri v. McNeely. This report discusses the prior precedents in each case as well as the decision reached by the Court.
Contributing Partner: UNT Libraries Government Documents Department
Search and Seizure Cases in the October 2012 Term of the Supreme Court

Search and Seizure Cases in the October 2012 Term of the Supreme Court

Date: September 4, 2012
Creator: Doyle, Charles
Description: Report that looks at three search and seizure cases heard during its October 2012 term.
Contributing Partner: UNT Libraries Government Documents Department
Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System

Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System

Date: September 10, 2012
Creator: Elias, Bart
Description: Report that covers the history and current status of unmanned aerial vehicles (UAVs). Particular attention is paid to recent privacy implications and potential intrusiveness of drone operations that have emerged as a significant issue before Congress. It also looks at the current Federal Aviation Administration (FAA) timeline to establish six test ranges throughout the United States to study unmanned aircraft integration technical issues.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: December 4, 2012
Creator: Elsea, Jennifer K.
Description: This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented. The report concludes by discussing Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: January 23, 2014
Creator: Elsea, Jennifer K.
Description: This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as "enemy combatants."
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: July 25, 2013
Creator: Elsea, Jennifer K.
Description: Report that provides a background to the detention of enemy belligerents, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: April 11, 2012
Creator: Elsea, Jennifer K.
Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: February 1, 2012
Creator: Elsea, Jennifer K.
Description: This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Contributing Partner: UNT Libraries Government Documents Department
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Date: April 5, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Contributing Partner: UNT Libraries Government Documents Department
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Date: February 3, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Contributing Partner: UNT Libraries Government Documents Department
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Date: April 1, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Description: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban.
Contributing Partner: UNT Libraries Government Documents Department