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The Obama Administration's Open Government Initiative: Issues for Congress

Description: This report reviews and discusses President Obama's Open Government Initiative and the Open Government Directive. The report then analyzes both agency response to the OGI and the OGD, and examines whether the OGD's requirements can meet the stated goals of the Administration. The report discusses the three central tenets of the Administration's OGD--transparency, public participation, and collaboration--and analyzes each one individually to determine whether agencies are meeting these requireme… more
Date: August 9, 2010
Creator: Ginsberg, Wendy R.
Partner: UNT Libraries Government Documents Department
open access

Satellite Surveillance: Domestic Issues

Description: Report that provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, followed by a discussion of legal considerations.
Date: January 13, 2011
Creator: Best, Richard A., Jr. & Elsea, Jennifer K.
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: January 3, 2014
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology

Description: This report provides information regarding the role of U.S. and other foreign companies in facilitating Internet censorship by repressive regimes overseas. The report is divided into several sections: Examination of repressive policies in China and Iraq, Relevant U.S. laws, U.S. policies to promote Internet freedom, Private sector initiatives, and Congressional action.
Date: March 17, 2010
Creator: Moloney Figliola, Patricia; Nakamura, Kennon H.; Addis, Casey L. & Lum, Thomas
Partner: UNT Libraries Government Documents Department
open access

Satellite Surveillance: Domestic Issues

Description: This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data.
Date: February 1, 2010
Creator: Best, Richard A., Jr. & Elsea, Jennifer K.
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
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United States v. Jones: GPS Monitoring, Property, and Privacy

Description: In United States v. Jones, 132 S. Ct. 945 (2012), a Global Positioning System (GPS) device was attached to the undercarriage of Jones's car by the police to track his movements for four weeks. This report will examine three decisions regarding searching, attachment, and monitoring in an effort to find their place in the body of existing Fourth Amendment law pertaining to privacy, property, and technology.
Date: April 30, 2012
Creator: Thompson, Richard M., II
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: July 31, 2015
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

U.S. Initiatives to Promote Global Internet Freedom: Issues, Policy, and Technology

Description: This report provides information regarding the role of U.S. and other foreign companies in facilitating Internet censorship by repressive regimes overseas. The report is divided into several sections: Examination of repressive policies in China and Iran, Relevant U.S. laws, U.S. policies to promote Internet freedom, Private sector initiatives, and Congressional action.
Date: September 8, 2010
Creator: Moloney Figliola, Patricia; Nakamura, Kennon H.; Addis, Casey L. & Lum, Thomas
Partner: UNT Libraries Government Documents Department
open access

Legal Standing Under the First Amendment's Establishment Clause

Description: This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing … more
Date: April 5, 2011
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
open access

Detention of U.S. Persons as Enemy Belligerents

Description: Report that provides a background to the detention of enemy belligerents, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals.
Date: July 25, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Detention of U.S. Persons as Enemy Belligerents

Description: This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention … more
Date: February 1, 2012
Creator: Elsea, Jennifer K.
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. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Date: March 29, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
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.
Partner: UNT Libraries Government Documents Department
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Immigration-Related Detention: Current Legislative Issues

Description: This report discusses issues for Congress in regards to the potential reform of the nation's immigration system. The detention of noncitizens in the United States will likely be an issue. Under the law, there is broad authority to detain aliens while awaiting a determination of whether the noncitizen should be removed from the United States.
Date: January 27, 2010
Creator: Haddal, Chad C. & Siskin, Alison
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.
Partner: UNT Libraries Government Documents Department
open access

Immigration-Related Detention: Current Legislative Issues

Description: As Congress considers addressing some of the problems in the nation's immigration system, the detention of noncitizens in the United States may be an issue as Congress may choose to reevaluate detention priorities (i.e., who should be detained) and resources. There are many policy issues surrounding detention of aliens. The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA) increased the number of aliens subject to mandatory detention, and raised concerns about the justn… more
Date: January 12, 2012
Creator: Siskin, Alison
Partner: UNT Libraries Government Documents Department
open access

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. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Date: April 6, 2012
Creator: Elsea, Jennifer K. & Garcia, Michael John
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: February 1, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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
open access

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
open access

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
open access

Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses

Description: This report first explores the potential uses of drones in the domestic sphere by federal, state, and local governments. It then surveys current Fourth Amendment jurisprudence, including cases surrounding privacy in the home, privacy in public spaces, location tracking, manned aerial surveillance, and those involving the national border. Next, it considers how existing jurisprudence may inform current and proposed drone uses. It then describes the various legislative measures introduced in the … more
Date: September 6, 2012
Creator: Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department
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