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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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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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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
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Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority

Description: This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Date: April 3, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department
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The Fifth Amendment in Congressional Investigations

Description: This report discusses the use and rules regarding invoking Fifth Amendments rights during Congressional investigations in the wake of the use of the Fifth Amendment by former national security adviser Michael Flynn during Congressional investigations.
Date: May 26, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield

Description: This report provides background on U.S. and European Union (EU) data protection policies and the Safe Harbor Agreement, discusses the Court of Justice of the European Union (CJEU) ruling, and reviews the key elements of the newly-proposed Privacy Shield. It also explores various issues for Congress, including implications for U.S. firms of Safe Harbor's invalidation and the role of the Judicial Redress Act in helping to ameliorate U.S.-EU tensions on data privacy and protection issues.
Date: May 19, 2016
Creator: Weiss, Martin A. & Archick, Kristin
Partner: UNT Libraries Government Documents Department
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Access to Government Information in the United States: A Primer

Description: This report offers an introduction to the four access laws and provides citations to additional resources related to these statutes. It includes statistics on the use of the Freedom of Information Act (FOIA) and the Federal Advisory Committee Act (FACA) and on litigation related to FOIA. In addition, this report provides some examples of the methods Congress, the President, and the courts have employed to provide or require the provision of information to one another, as well as a list of resouā€¦ more
Date: March 18, 2016
Creator: Ginsberg, Wendy & Greene, Michael
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
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National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background

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.
Date: July 31, 2015
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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The Ebola Outbreak: Quarantine and Isolation Authority

Description: This legal sidebar discusses recent quarantine policies announced by several states, including New York and New Jersey, for travelers arriving from areas affected by the outbreak of Ebola Virus Disease, which have raised legal and constitutional questions about federal and state authority to order quarantine and isolation measures.
Date: October 28, 2014
Partner: UNT Libraries Government Documents Department
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No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet

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.
Date: October 23, 2014
Creator: Chu, Vivian S.
Partner: UNT Libraries Government Documents Department
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Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Description: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants and also discusses notable circuit court opinions addressing issues of ongoing relevance.
Date: April 21, 2014
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department
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Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

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 reā€¦ more
Date: March 21, 2014
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
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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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Detention of U.S. Persons as Enemy Belligerents

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."
Date: January 23, 2014
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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The Freedom of Information Act (FOIA): Background, Legislation, and Policy Issues

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. It 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 FOIA-relatā€¦ more
Date: January 23, 2014
Creator: Ginsberg, Wendy R.
Partner: UNT Libraries Government Documents Department
open access

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

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.
Date: January 3, 2014
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

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

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.
Date: May 15, 2013
Creator: Doyle, Charles
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 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 113th Congress, including the overall effectiveness of the Council in addressing human rights situations, implications for U.S. membership, and U.S. financial contributions to the Council.
Date: April 30, 2013
Creator: Blanchfield, Luisa
Partner: UNT Libraries Government Documents Department
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