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 Collection: Congressional Research Service Reports
The Endangered Species Act and Claims of Property Rights "Takings"

The Endangered Species Act and Claims of Property Rights "Takings"

Date: October 14, 2005
Creator: Meltz, Robert
Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve lake levels or instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of listed species.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: February 24, 2005
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
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Detention of U.S. Citizens

Detention of U.S. Citizens

Date: April 28, 2005
Creator: Fisher, Louis
Description: In 1971, Congress passed legislation to repeal the Emergency Detention Act of 1950 and to enact the following language: “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.” The new language, codified at 18 U.S.C. §4001(a), is called the Non-Detention Act. This statutory provision received attention after the 9/11 terrorist attacks when the Administration designated certain U.S. citizens as “enemy combatants” and claimed the right to detain them indefinitely without charging them, bringing them to trial, or giving them access to counsel. In litigation over Yaser Esam Hamdi and Jose Padilla, both designated enemy combatants, the Administration has argued that the Non-Detention Act restricts only imprisonments and detentions by the Attorney General, not by the President or military authorities.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 31, 2005
Creator: Elsea, Jennifer K
Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the opposite conclusion. The report concludes that historically, even during declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain persons arrested in a context other than actual hostilities is necessarily implied by an authorization to use force.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: December 7, 2004
Creator: Cohen, Henry
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Information Act Amendments: 109th Congress

Freedom of Information Act Amendments: 109th Congress

Date: February 25, 2005
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Information Act (FOIA) Amendments:  109th Congress

Freedom of Information Act (FOIA) Amendments: 109th Congress

Date: May 16, 2005
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Medical Records Privacy: Questions and Answers on the HIPAA Final Rule

Date: October 3, 2002
Creator: Redhead, C. Stephen
Description: None
Contributing Partner: UNT Libraries Government Documents Department
China and "Falun Gong"

China and "Falun Gong"

Date: November 1, 2002
Creator: Lum, Thomas
Description: “Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
Contributing Partner: UNT Libraries Government Documents Department
Wireless Privacy and Spam: Issues for Congress

Wireless Privacy and Spam: Issues for Congress

Date: December 22, 2004
Creator: Smith, Marcia S
Description: Wireless communications devices such as cell phones and personal digital assistants (PDAs) are ubiquitous. Some consumers, already deluged with unwanted commercial messages, or “spam,” via computers that access the Internet by traditional wireline connections, are concerned that such unsolicited advertising is expanding to wireless communications, further eroding their privacy. Congress continues to debate how to protect wireless subscribers further, and several bills were considered in the 108th Congress.
Contributing Partner: UNT Libraries Government Documents Department