Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Date: April 21, 2014
Creator: Elsea, Jennifer K. & Garcia, Michael John
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.
Contributing Partner: UNT Libraries Government Documents Department
Wartime Detention Provisions in Recent Defense Authorization Legislation

Wartime Detention Provisions in Recent Defense Authorization Legislation

Date: June 23, 2014
Creator: Elsea, Jennifer K. & Garcia, Michael John
Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 National Defense Authorization Act (NDAA), provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the 2013 NDAA and 2014 NDAA, as well as those found in the competing House and Senate defense authorization bills for FY2015.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: December 4, 2012
Creator: Elsea, Jennifer K.
Description: This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented. The report concludes by discussing Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Contributing Partner: UNT Libraries Government Documents Department
Health Care for Noncitizens in Immigration Detention

Health Care for Noncitizens in Immigration Detention

Date: June 27, 2008
Creator: Siskin, Alison
Description: This report begins with an overview of noncitizen detention and then examines the procedures and issues with detainee health care. This report concludes with a discussion of legislation introduced in the 110th Congress related to detainee health care.
Contributing Partner: UNT Libraries Government Documents Department
Detention of U.S. Persons as Enemy Belligerents

Detention of U.S. Persons as Enemy Belligerents

Date: January 23, 2014
Creator: Elsea, Jennifer K.
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."
Contributing Partner: UNT Libraries Government Documents Department
The Jurisprudence of Justice John Paul Stevens: Leading Opinions on Wartime Detentions

The Jurisprudence of Justice John Paul Stevens: Leading Opinions on Wartime Detentions

Date: May 13, 2010
Creator: Henning, Anna C.
Description: This report discusses the justice John Paul Stevens that played a pivotal role in determining the scope of executive-branch power in a post-9/11 world. After 9/11, Congress quickly authorized the Executive to respond to the terrorist attacks using military force
Contributing Partner: UNT Libraries Government Documents Department
Wartime Detention Provisions in Recent Defense Authorization Legislation

Wartime Detention Provisions in Recent Defense Authorization Legislation

Date: January 23, 2015
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Description: This report offers a brief background of the salient issues and provides a section-by-section analysis of the detainee provisions in the National Defense Authorization Act for FY2012. It also discusses executive interpretation and implementation of the Act's mandatory military detention provision. Finally, it addresses detainee provisions in the 2013 NDAA, the 2014 NDAA, and the 2015 NDAA.
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 5, 2010
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
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Date: April 1, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Description: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban.
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: February 3, 2010
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
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
Closing the Guantanamo Detention Center: Legal Issues

Closing the Guantanamo Detention Center: Legal Issues

Date: March 28, 2011
Creator: Garcia, Michael John; Elsea, Jennifer K.; Mason, Chuck R. & Liu, Edward, C.
Description: This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
Contributing Partner: UNT Libraries Government Documents Department
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Date: March 29, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
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. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Contributing Partner: UNT Libraries Government Documents Department
Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Date: April 6, 2012
Creator: Elsea, Jennifer K. & Garcia, Michael John
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. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Contributing Partner: UNT Libraries Government Documents Department
Race-Based Civil Dentention for Security Purposes

Race-Based Civil Dentention for Security Purposes

Date: October 4, 2001
Creator: Elsea, Jennifer K
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Detainees at Guantànamo Bay

Detainees at Guantànamo Bay

Date: June 22, 2005
Creator: Elsea, Jennifer K
Description: After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions.
Contributing Partner: UNT Libraries Government Documents Department
Detainees at Guantànamo Bay

Detainees at Guantànamo Bay

Date: July 20, 2005
Creator: Elsea, Jennifer K
Description: After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions.
Contributing Partner: UNT Libraries Government Documents Department
Detainee Provisions in the National Defense Authorization Bills

Detainee Provisions in the National Defense Authorization Bills

Date: July 18, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Contributing Partner: UNT Libraries Government Documents Department
Detainee Provisions in the National Defense Authorization Bills

Detainee Provisions in the National Defense Authorization Bills

Date: December 8, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Contributing Partner: UNT Libraries Government Documents Department
Detainee Provisions in the National Defense Authorization Bills

Detainee Provisions in the National Defense Authorization Bills

Date: November 18, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Contributing Partner: UNT Libraries Government Documents Department
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: March 15, 2004
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. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. 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 is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
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.
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
Detention of American Citizens as Enemy Combatants

Detention of American Citizens as Enemy Combatants

Date: January 30, 2003
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. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. 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 is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Contributing Partner: UNT Libraries Government Documents Department
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