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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 re… more
Date: March 21, 2014
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
open access

National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments

Description: This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation. This is an abridged version of CRS Report RL33320, "National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments".
Date: March 21, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments

Description: This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation.
Date: March 17, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

Detention of American Citizens as Enemy Combatants

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 de… more
Date: March 15, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Detention of American Citizens as Enemy Combatants

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 op… more
Date: March 31, 2005
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. 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

Public Access to Data from Federally Funded Research: Provisions in OMB Circular A-110

Description: The results of scientific studies are used in making many governmental policy decisions. While the studies are often published, the data on which they are based may not be, even for federally funded research. Before 1999, academic and nonprofit performers of such research were permitted but not required to make their data available to the public through provisions of the Freedom of Information Act (FOIA). In October 1998, a provision in P.L. 105-277 changed that, requiring that such data be mad… more
Date: March 1, 2013
Creator: Fischer, Eric A.
Partner: UNT Libraries Government Documents Department
open access

Closing the Guantanamo Detention Center: Legal Issues

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 discu… more
Date: March 28, 2011
Creator: Garcia, Michael John; Elsea, Jennifer K.; Mason, R. Chuck & Liu, Edward C.
Partner: UNT Libraries Government Documents Department
open access

The Freedom of Information Act (FOIA): Background and Policy Options for the 113th Congress

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. The report 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 FO… more
Date: March 8, 2013
Creator: Ginsberg, Wendy
Partner: UNT Libraries Government Documents Department
open access

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 resou… more
Date: March 18, 2016
Creator: Ginsberg, Wendy & Greene, Michael
Partner: UNT Libraries Government Documents Department
open access

The Endangered Species Act and Claims of Property Rights "Takings"

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: March 9, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
open access

The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: March 10, 2003
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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The Endangered Species Act and Private Property

Description: If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
Date: March 7, 1993
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
open access

Property Rights: House Judiciary Committee Reports H.R. 2372

Description: On March 9, 2000, the House Committee on the Judiciary reported favorably H.R. 2372. The bill, titled "Private Property Rights Implementation Act of 2000," is aimed principally at lowering the threshold barriers of ripeness and abstention encountered when land owners file in federal court challenging local government actions as "takings." (1) Under the Fifth Amendment's Takings Clause (which applies to state and local, not only federal, actions), private property may not be "taken" for public u… more
Date: March 10, 2000
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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