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The Freedom of Information Act (FOIA): Background and Policy Options for the 113th Congress

Description: This report provides background on the Freedom of Information Act (FOIA), discusses the categories of records FOIA exempts from public release, and analyzes statistics on FOIA administration. The report also provides background on several legal and policy issues related to FOIA, including the release of controversial records, the growth in use of certain FOIA exemptions, and the adoption of new technologies to improve FOIA administration. The report concludes with an examination of potential FO… more
Date: March 8, 2013
Creator: Ginsberg, Wendy
Partner: UNT Libraries Government Documents Department
open access

Privacy and Civil Liberties Oversight Board: New Independent Agency Status

Description: Recommended by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), the Privacy and Civil Liberties Oversight Board (PCLOB) was initially established as an agency within the Executive Office of the President (EOP) in 2004. Critics, however, maintained that the board appeared to be a presidential appendage, devoid of the capability to exercise independent judgment and assessment or to provide impartial findings and recommendations. This viewpoint gained acceptan… more
Date: November 14, 2011
Creator: Hatch, Garrett
Partner: UNT Libraries Government Documents Department
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Tying Up Loose Ends... Supreme Court To Evaluate Federal Firearm Provision Again

Description: This legal sidebar discusses certiorari to hear Voisine v. United States, a decision examining the federal provision that makes it unlawful for an individual to possess a firearm or ammunition if he or she has been convicted of a misdemeanor crime of domestic violence (MCDV).
Date: December 3, 2015
Partner: UNT Libraries Government Documents Department
open access

Freedom of Information Act (FOIA): Background and Policy Options for the 112th Congress

Description: The Freedom of Information Act (FOIA; 5 U.S.C. §552) enables any person to access—without explanation or justification—certain existing, identifiable, unpublished, executive branch agency records. Pursuant to FOIA, the public has presumptive access to requested agency records unless the material falls within any of FOIA's nine categories of exemption from disclosure. This report discusses FOIA's history, examines its implementation, and provides potential policy approaches for Congress.
Date: July 26, 2011
Creator: Ginsberg, Wendy
Partner: UNT Libraries Government Documents Department
open access

Privacy and Civil Liberties Oversight Board: New Independent Agency Status

Description: This report examines initial responses to the 9/11 Commission's call for a board to oversee adherence to presidential guidelines on information sharing that safeguard the privacy of individuals about whom information is shared, and the implementation of this board.
Date: August 27, 2012
Creator: Hatch, Garrett
Partner: UNT Libraries Government Documents Department
open access

Legal Analysis of Religious Exemptions for Photo Identification Requirements

Description: This report analyzes the legal issues associated with religious exemptions to photo identification laws. Although no lawsuits appear to have challenged federal laws with photo requirements, state photo identification laws have been challenged for several decades.
Date: April 13, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
open access

Federal Habeas Corpus Relief: Background, Legislation, and Issues

Description: This report examines the issues surrounding the debate on whether to further restrict state prisoners’ access to federal habeas corpus filings. This report does not discuss issues related to federalism and the proper role of the federal court system in overseeing the actions of state courts pertaining to prisoners’ constitutional rights. The report opens with a discussion of a commission that was established in 1988 to study and make recommendations of the then-current federal habeas corpus sys… more
Date: February 1, 2006
Creator: Seghetti, Lisa M. & James, Nathan
Partner: UNT Libraries Government Documents Department
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Federal Habeas Corpus: An Abridged Sketch

Description: This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Date: April 28, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

When Does Double Prosecution Count as Double Jeopardy?

Description: This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
Date: August 16, 2018
Creator: Hsin, JD S.
Partner: UNT Libraries Government Documents Department
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The Federal Bureau of Investigation and Terrorism Investigations

Description: This report provides background information on key elements of the FBI terrorism investigative process, based on publicly available information. This report sets forth possible considerations for Congress as it executes its oversight role, including the extent to which intelligence has been integrated into FBI operations to support its counterterrorism mission and the progress the Bureau has made on its intelligence reform initiatives.
Date: April 24, 2013
Creator: Bjelopera, Jerome P.
Partner: UNT Libraries Government Documents Department
open access

Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now

Description: This report discusses the case of Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS). The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting "John Doe" from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant.
Date: June 20, 2018
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia

Description: This report discusses the Collins decision and its potential implications for Fourth Amendment law. Facing a clash between two well-established Fourth Amendment doctrines--the primacy of the home in Fourth Amendment case law versus the "automobile exception" to the Amendment's warrant requirement--the Supreme Court in Collins v. Virginia ultimately came down on the side of protecting privacy within the home and its adjoining property.
Date: June 26, 2018
Creator: Hanna, Jillian C.
Partner: UNT Libraries Government Documents Department
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Federal Habeas Corpus: A Brief Legal Overview

Description: This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.
Date: April 26, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Interrogation of Detainees: Overview of the McCain Amendment

Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enact… more
Date: October 2, 2006
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department
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Interrogation of Detainees: Overview of the McCain Amendment

Description: This report discusses the Detainee Treatment Act (DTA), which contains provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions of the DTA, which were first introduced by Senator John McCain, have popularly been referred to as t… more
Date: September 20, 2006
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
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Interrogation of Detainees: Overview of the McCain Amendment

Description: Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions. Congress approved additional guidelines concerning the treatment of detainees via the Detainee Treatment Act (DTA), which was enact… more
Date: September 25, 2006
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department
open access

The United Nations Human Rights Council: Issues for Congress

Description: This report provides historical background of the United Nations Human Rights Council, including the role of the previous Commission. It discusses the Council's current mandate and structure, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
Date: February 4, 2014
Creator: Blanchfield, Luisa
Partner: UNT Libraries Government Documents Department
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Pilotless Drones: Background and Considerations for Congress Regarding Unmanned Aircraft Operations in the National Airspace System

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.
Date: September 10, 2012
Creator: Elias, Bart
Partner: UNT Libraries Government Documents Department
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