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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
Legal Analysis of Religious Exemptions for Photo Identification Requirements

Legal Analysis of Religious Exemptions for Photo Identification Requirements

Date: April 13, 2009
Creator: Brougher, Cynthia
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.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus: An Abridged Sketch

Federal Habeas Corpus: An Abridged Sketch

Date: April 28, 2006
Creator: Doyle, Charles
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.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus: A Brief Legal Overview

Federal Habeas Corpus: A Brief Legal Overview

Date: April 26, 2006
Creator: Doyle, Charles
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.
Contributing Partner: UNT Libraries Government Documents Department
Federal Habeas Corpus Relief: Background, Legislation, and Issues

Federal Habeas Corpus Relief: Background, Legislation, and Issues

Date: February 1, 2006
Creator: Seghetti, Lisa M & James, Nathan
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 system and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It then provides an analysis of federal habeas corpus petition data since 1990. The report examines whether the number of federal habeas corpus petitions and the time it takes for the federal court system to process these claims have increased since the enactment of the the Anti-Terrorism and Effective Death Penalty Act (AEDPA). It then discusses legislation introduced in the 109th Congress that would further restrict state prisoners’ access to federal habeas corpus relief. The report concludes with an analysis of two dominant issues that are at the center of this debate: delays caused by habeas corpus petitions and post-conviction representation.
Contributing Partner: UNT Libraries Government Documents Department
Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Privacy and Civil Liberties Oversight Board: 109th Congress Proposed Refinements

Date: July 1, 2005
Creator: Relyea, Harold C
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: October 2, 2006
Creator: Garcia, Michael John
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 related U.S. statutes and treaties. Certain provisions of the Detainee Treatment Act (DTA), first introduced by Senator John McCain, have popularly been referred to as the "McCain Amendment." This report discusses the McCain amendment and also discusses the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: September 25, 2006
Creator: Garcia, Michael John
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 enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA 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 the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: October 2, 2006
Creator: Garcia, Michael John
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 enacted pursuant to both the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163). Among other things, the DTA 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 the “McCain Amendment.” This report discusses the McCain Amendment, as modified and subsequently enacted into law.
Contributing Partner: UNT Libraries Government Documents Department
Interrogation of Detainees: Overview of the McCain Amendment

Interrogation of Detainees: Overview of the McCain Amendment

Date: September 20, 2006
Creator: Garcia, Michael J.
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 the “McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law. This report also discusses the application of the McCain amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld.
Contributing Partner: UNT Libraries Government Documents Department
9/11 Commission Recommendations: A Civil Liberties Oversight Board

9/11 Commission Recommendations: A Civil Liberties Oversight Board

Date: December 22, 2004
Creator: Relyea, Harold C.
Description: This report discusses the recommendation made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) regarding the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government.
Contributing Partner: UNT Libraries Government Documents Department
Summary of the Proposed Rule for the Privacy of Individually Identifiable Health Information

Summary of the Proposed Rule for the Privacy of Individually Identifiable Health Information

Date: March 22, 2000
Creator: Stevens, Gina Marie & DeAtley, Melinda
Description: This report provides a summary of the proposed rule issued November 3, 1999 to protect the privacy of individually identifiable health information.
Contributing Partner: UNT Libraries Government Documents Department
United Nations Commission on Human Rights (UNCHR): U.S. Membership

United Nations Commission on Human Rights (UNCHR): U.S. Membership

Date: June 4, 2001
Creator: Bite, Vita
Description: This short report provides an overview of the U.N. Commission on Human Rights (UNCHR and Administration and Congressional responses to recent developments.
Contributing Partner: UNT Libraries Government Documents Department
The United Nations Human Rights Council: Issues for Congress

The United Nations Human Rights Council: Issues for Congress

Date: June 5, 2008
Creator: Blanchfield, Luisa
Description: This report provides historical background of the 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.
Contributing Partner: UNT Libraries Government Documents Department
The United Nations Human Rights Council: Issues for Congress

The United Nations Human Rights Council: Issues for Congress

Date: December 14, 2009
Creator: Blanchfield, Luisa
Description: This report provides historical background of the 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.
Contributing Partner: UNT Libraries Government Documents Department
The United Nations Human Rights Council: Issues for Congress

The United Nations Human Rights Council: Issues for Congress

Date: June 5, 2008
Creator: Blanchfield, Luisa
Description: This report provides historical background of the 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.
Contributing Partner: UNT Libraries Government Documents Department
The United Nations Human Rights Council: Issues for Congress

The United Nations Human Rights Council: Issues for Congress

Date: March 11, 2009
Creator: Blanchfield, Luisa
Description: This report provides historical background of the 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.
Contributing Partner: UNT Libraries Government Documents Department
The United Nations Human Rights Council: Issues for Congress

The United Nations Human Rights Council: Issues for Congress

Date: July 31, 2008
Creator: Blanchfield, Luisa
Description: This report provides historical background of the 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.
Contributing Partner: UNT Libraries Government Documents Department
The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues

The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues

Date: July 7, 2008
Creator: Bazan, Elizabeth B.
Description: This report briefly outlines three issues relating to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate — the Fourth and First Amendments. This report briefly examines these issues and sets them in context.
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: July 29, 2008
Creator: Elsea, Jennifer K.; Garcia, Michael John & Thomas, Kenneth R.
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 with respect to the Guantanamo detainees.
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 7, 2009
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
Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Date: October 19, 2009
Creator: Smith, Alison M.
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.
Contributing Partner: UNT Libraries Government Documents Department
Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Date: September 5, 2008
Creator: Smith, Alison M.
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.
Contributing Partner: UNT Libraries Government Documents Department
China's Relations with Central Asian States and Problems with Terrorism

China's Relations with Central Asian States and Problems with Terrorism

Date: December 17, 2001
Creator: McNeal, Dewardric L
Description: This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang.
Contributing Partner: UNT Libraries Government Documents Department
Enemy Combatant Detainees:

Enemy Combatant Detainees:

Date: September 26, 2006
Creator: Elsea, Jennifer K & Thomas, Kenneth R
Description: In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation in federal court.
Contributing Partner: UNT Libraries Government Documents Department