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U.S. Ground Forces Robotics and Autonomous Systems (RAS) and Artificial Intelligence (AI): Considerations for Congress

Description: This report discusses issues for Congress to consider regarding robotics and autonomous systems (RAS) and artificial intelligence (AI), which have the potential to change the nature of warfare. Other nations, notably peer competitors Russia and China, are aggressively pursuing RAS and AI for a variety of military uses, raising considerations about the U.S. military's response--to include lethal autonomous weapons systems (LAWS)--that could be used against U.S. forces.
Date: November 20, 2018
Creator: Feickert, Andrew; Kapp, Lawrence; Elsea, Jennifer K. & Harris, Laurie A.
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.
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.
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.
Partner: UNT Libraries Government Documents Department
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Toward the Creation of a U.S. "Space Force"

Description: This report discusses the possibility of a new military service branch -- the Space Force -- with the goal of asserting "American dominance in space."
Date: August 16, 2018
Creator: Hildreth, Steven A.; Elsea, Jennifer K.; Kapp, Lawrence & McInnis, Kathleen J.
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.
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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Supreme Court Declines to Take Up Military Commission Challenges-Al Bahlul and Al-Nashiri

Description: This report discusses the Supreme Court's rejection of cases submitted by two detainees at Guantanamo Bay (Ali Hamza Ahmad Suliman al Bahlul & Abd Al-Rahim Hussein Al-Nashiri) challenging the current military commission system under the Military Commissions Act (MCA). It discusses the merits of the cases, the various legal proceedings regarding them, and case law related to the issue.
Date: December 12, 2017
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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Israel and the Boycott, Divestment, and Sanctions (BDS) Movement

Description: This report provides information and analysis on a boycott, divestment, and sanctions ("BDS") movement against Israel. It also analyzes economic measures that "differentiate" or might be seen as differentiating between (1) Israel in general and (2) entities linked with Israeli-developed areas and settlements (whose legality is questioned under international law).
Date: June 9, 2017
Creator: Zanotti, Jim; Weiss, Martin A.; Ruane, Kathleen Ann & Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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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.
Partner: UNT Libraries Government Documents Department
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Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court

Description: This report provides an overview of Judge Gorsuch's jurisprudence and discusses how the Supreme Court might be affected if he were to succeed Justice Scalia. It begins by discussing the nominee's views on two cross-cutting issues -- the role of the judiciary and statutory interpretation -- then addresses fourteen separate areas of law, arranged in alphabetical order, from "administrative law" to "takings." The report includes a table that notes the cases where the Supreme Court has reviewed maj… more
Date: March 8, 2017
Creator: Nolan, Andrew; Lewis, Caitlain Devereaux; Manuel, Kate M.; Cole, Jared P.; Elsea, Jennifer K. & Murrill, Brandon J.
Partner: UNT Libraries Government Documents Department
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Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 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 subsequent defense authorization legislation.
Date: March 14, 2016
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
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The Iran Hostages: Efforts to Obtain Compensation

Description: This report outlines the history of various efforts relating to benefits for victims of the 1979-1981 Iran Hostage Crisis, and describes several bills currently before Congress: the Justice for Former American Hostages in Iran Act of 2015, S. 868, a companion bill, H.R. 3338, and Section 122 of the Department of State Operations Authorization and Embassy Security Act, Fiscal Year 2016, S. 1635.
Date: November 2, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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Zivotofsky v. Kerry: The Jerusalem Passport Case and Its Potential Implications for Congress's Foreign Affairs Powers

Description: This report briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The report then summarizes the Supreme Court decision, including concurrences and dissents. Finally, the report concludes by suggesting possible implications of the decision with respect to Congress's authority to influence foreign affairs.
Date: September 28, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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Naval Station Guantanamo Bay: History and Legal Issues Regarding Its Lease Agreements

Description: This report briefly outlines the history of the establishment of the U.S. naval station at Guantanamo Bay, Cuba during the early twentieth century, its changing relationship to the community around it, and its heightened importance with the onset of military operations in Afghanistan and Iraq. It also explains in detail the legal status of the lease of the land on which the naval station stands, the statutory and treaty authorities granted to the President with regard to any potential closure o… more
Date: August 4, 2015
Creator: Elsea, Jennifer K. & Else, Daniel H.
Partner: UNT Libraries Government Documents Department
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Chinese Land Reclamation in the South China Sea: Implications and Policy Options

Description: This report assesses legal, military/operational, and diplomatic implications of the reclamation and construction activity and surveys U.S - CHINA statements on the situation.It provides a history of reclamation activity by other nations inlcuding the United States and other South China Sea claimants, and discusses U.S. Strategy and potential options for U.S. policymakers.
Date: June 18, 2015
Creator: Dolven, Ben; Elsea, Jennifer K.; Lawrence, Susan V.; O'Rourke, Ronald & Rinehart, Ian E.
Partner: UNT Libraries Government Documents Department
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