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Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation

Description: This report discusses U.S. policy and legislation in response to Pyongyang's human rights record. North Korea's systematic violation of its citizens' human rights and the plight of North Koreans trying to escape their country have been well documented in multiple reports issued by governments and other international bodies.
Date: January 30, 2009
Creator: Chanlett-Avery, Emma
Partner: UNT Libraries Government Documents Department
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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: July 21, 2008
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department
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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
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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
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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

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

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 … more
Date: April 7, 2009
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
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Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunals (CSRTs) procedures. It summarizes relevant court cases and the effect of the Detainee Treatment Act, as well as pending legislation. The report also provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to detainees held at Guantanamo and elsewhere.
Date: January 29, 2009
Creator: Elsea, Jennifer K.; Garcia, Michael J. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department
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Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Description: This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
Date: September 5, 2008
Creator: Smith, Alison M.
Partner: UNT Libraries Government Documents Department
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Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Description: This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
Date: October 19, 2009
Creator: Smith, Alison M.
Partner: UNT Libraries Government Documents Department
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Freedom of Information Act (FOIA): Issues for the 111th Congress

Description: This report includes a brief history of the Freedom of Information Act (FOIA), discusses subsequent modifications of FOIA, addresses statutory changes to FOIA that have not yet been implemented, examines Obama Administration efforts to modify the act, and outlines possible legislative issues related to the act.
Date: August 12, 2009
Creator: Ginsberg, Wendy R.
Partner: UNT Libraries Government Documents Department
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International Conflict and Property Rights: Fifth Amendment "Takings" Issues

Description: This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Date: December 5, 2001
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal (CSRT) procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act (DTA), as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court. The report summarizes pending legislation and provides an analysis of relevant constitutional issues that may have some bearing on Congress's options… more
Date: July 29, 2008
Creator: Elsea, Jennifer K.; Garcia, Michael John & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department
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