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The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues

Description: This report provides a background and analysis comparing military commissions as envisioned under the revised Military Commissions Act (MCA) to those established by the MCA 2006. After reviewing the history of the implementation of military commissions in the armed conflict against Al Qaeda and associated forces, the report provides an overview of the procedural safeguards provided in the MCA. Finally, the report provides two charts comparing the MCA as amended by the MCA 2009 to the original M… more
Date: March 7, 2014
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues

Description: This report provides a background and analysis comparing military commissions as envisioned under the revised Military Commission ACT (MCA) to those established by the MCA 2006. The report provides an overview of the procedural safeguards provided in the MCA. Finally, the report provides two charts comparing the MCA as amended by the MCA 2009 to the original MCA enacted in 2006 and to general courts-martial.
Date: August 4, 2014
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Intelligence Identities Protection Act

Description: This report summarizes the Intelligence Identities Protection Act, P.L. 97-200, enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents. The act also provides exceptions and defenses to prosecution, makes provision for extraterritorial application for offenders who are U.S. citizens or permanent resident aliens, includes reporting requirements to Congress, and sets forth definitions of the terms used in the act.
Date: April 10, 2013
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

Description: This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Date: March 21, 2014
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Suits Against Terrorist States by Victims of Terrorism

Description: This report provides background on the doctrine of State immunity and the Foreign Sovereign Immunities Act (FSIA); details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets, and provides an overview of proposed legislation.
Date: July 31, 2008
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Samantar v. Yousef: The Foreign Sovereign Immunities Act (FSIA) and Foreign Officials

Description: This report provides an overview of the Foreign Sovereign Immunities Act (FSIA), followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation considered by the 112th Congress addressing the immunity of foreign officials (the Justice Against Sponsors of Terrorism Act, S. 1894 and H.R. 5904).
Date: December 17, 2012
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Congressional Authority to Limit Military Operations

Description: This report discusses constitutional provisions allocating war powers between Congress and the President, and presenting a historical overview of relevant court cases. It considers Congress's constitutional authority to end a military conflict via legislative action; the implications that the War Powers Resolution or the repeal of prior military authorization may have upon the continued use of military force; and other considerations which may inform congressional decisions to limit the use of … more
Date: February 19, 2013
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

Description: This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Date: February 28, 2013
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Protection of Classified Information: The Legal Framework

Description: This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized … more
Date: January 10, 2013
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Suits Against Terrorist States by Victims of Terrorism

Description: This report provides background on the doctrine of State immunity and the Foreign Sovereign Immunities Act (FSIA); details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets, and provides an overview of proposed legislation
Date: May 1, 2008
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Detention of U.S. Persons as Enemy Belligerents

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.
Date: December 4, 2012
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
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.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt

Description: This report discusses the case of Baker v. Spath, in which Brigadier General (Gen.) John G. Baker, Chief Defense Counsel of the Military Commission System, prevailed in his habeas case against a military commission judge who sentenced him to 21 days' confinement and fined him $1,000 for contempt.
Date: July 18, 2018
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
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.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Statutory Canon Aimed at International Organization Immunity

Description: This report discusses the upcoming Supreme Court case Jam v. International Finance Corp. The petitioners--a group of Indian nationals from Gujarat--seek to hold International Finance Corp. (IFC) liable for extensive environmental damage throughout their community caused by the construction of a power plant financed and overseen by IFC. The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) dismissed their lawsuit, holding, in accordance with the circuit's precedent, that the Internationa… more
Date: October 5, 2018
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law

Description: This report provides an historical analysis of the use of the Armed Forces to execute domestic law and of the Posse Comitatus Act, including their apparent theoretical and constitutional underpinnings. The report then outlines the current application of the act as well as its statutory exceptions, and reviews the consequences of its violation.
Date: November 6, 2018
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Criminal Prohibitions on the Publication of Classified Defense Information

Description: This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.
Date: August 4, 2011
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Posse Comitatus Act and Related Matters: A Sketch

Description: This report examines instances, as approved by Congress, where circumstances warrant a departure from the general rule of the Posse Comitatus Act, wherein the military is typically prevented from direct involvement in civilian affairs.
Date: November 6, 2018
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Use of Federal Troops for Disaster Assistance: Legal Issues

Description: This report summarizes the possible constitutional and statutory authorities and constraints relevant to the use of armed forces, including National Guard units in federal service, to provide assistance to states when a natural disaster impedes the operation of state and local police.
Date: December 26, 2006
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Criminal Prohibitions on the Publication of Classified Defense Information

Description: This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.
Date: January 31, 2013
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Protection of Classified Information: The Legal Framework

Description: This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information -- including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorize… more
Date: May 18, 2017
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Detention of U.S. Persons as Enemy Belligerents

Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. 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 du… more
Date: April 11, 2012
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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