Congressional Research Service Reports - 326 Matching Results

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

Iraq: Politics, Governance, and Human Rights

Description: Iraq's political transition from the dictatorship of Saddam Hussein to a plural polity that encompasses varying sects and ideological and political factions has been accomplished through a series of elections that began in 2005. However, disputes regarding various communities' claims on power and economic resources has contributed to popular frustration and continued political unrest. This report discusses these issues.
Date: April 19, 2011
Creator: Katzman, Kenneth
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

Description: This report provides an overview of the major exceptions to the First Amendment - of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
Date: October 16, 2009
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Gun Control: Statutory Disclosure Limitations on ATF Firearms Trace Data and Multiple Handgun Sales Reports

Description: This report briefly describes a provision known as the "Tiahrt" amendment, a rider on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) appropriations that prohibits ATF from disclosing firearm trace data and multiple handgun sales reports data for any purpose other than supporting a criminal investigatoin or agency licensing proceeding. The Tiahrt amendment is so called because its sponsor is Representative Todd Tiahrt. A coalition of 210 city mayors favors the repeal of this rider, but there is much opposition to that motion.
Date: May 27, 2009
Creator: Krouse, William J.
Partner: UNT Libraries Government Documents Department

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 justness of mandatory detention, especially as it is applied to asylum seekers arriving without proper documentation. Additionally, as DHS increases its ability to identify aliens who are subject to removal from local jails in more remote locations, the nationwide allocation of detention space may become an issue.
Date: January 12, 2012
Creator: Siskin, Alison
Partner: UNT Libraries Government Documents Department

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

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

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 112th Congress to address the legal and policy issues surrounding drones and, finally, briefly identifies several alternative approaches that may constrain the potential scope of drone surveillance.
Date: September 6, 2012
Creator: Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

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 during wartime to detain persons deemed dangerous to the national security is presented.
Date: February 1, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

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 during wartime to detain persons deemed dangerous to the national security is presented.
Date: April 11, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

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 as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Date: February 1, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

China, Internet Freedom, and U.S. Policy

Description: This report discusses Congressional interest in how Internet use in the People's Republic of China (PRC) is tied to human rights concerns in several ways: as a U.S. policy tool for promoting rights in China; though use of the Internet political dissidents and political repression; the role of U.S. Internet companies in spreading freedom and complying with PRC censorship; and the development of U.S. Internet freedom policies globally.
Date: July 13, 2012
Creator: Lum, Thomas; Moloney Figliola, Patricia & Weed, Matthew C.
Partner: UNT Libraries Government Documents Department

Legal Standing Under the First Amendment's Establishment Clause

Description: This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party.
Date: September 15, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Sexual Violence in African Conflicts

Description: This report focuses on conflicts in Africa in which sexual violence is reported to be widespread or systematic. It describes the context in which such violence takes place, selected cases where it is currently occurring, and U.S. policy responses. The report concludes with a discussion of potential policy considerations, including the design and effectiveness of U.S. programs; coordination between agencies and between international donors; and the question of whether policy responses to sexual violence can be separated from the broader context in which such violence occurs. The report includes a detailed case study of DRC, which has drawn particular attention from the Obama Administration and the 111th Congress.
Date: February 23, 2011
Creator: Arieff, Alexis
Partner: UNT Libraries Government Documents Department

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 rules related to the Establishment Clause.
Date: April 5, 2011
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

China and "Falun Gong"

Description: This report discusses the “Falun Gong” movement, which led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. The People’s Republic of China (PRC) government, fearful of a political challenge and the spread of social unrest, outlawed Falun Gong in July 1999. Despite a massive government campaign against them and harsh punishments meted out to many followers, Falun Gong members continued to stage demonstrations for over two years.
Date: January 23, 2004
Creator: Lum, Thomas
Partner: UNT Libraries Government Documents Department

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

Description: This report reviews the objectives delineated in President Obama's Open Government Initiative (OGI) and examines the expectations placed on agencies to meet these objectives. This report reviews department and agency attempts to implement Obama Administration initiatives that seek to make the federal government more transparent, participatory, and collaborative. The report then analyzes options for congressional action in this area.
Date: January 28, 2011
Creator: Ginsberg, Wendy R.
Partner: UNT Libraries Government Documents Department

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

China and "Falun Gong"

Description: “Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
Date: February 12, 2003
Creator: Lum, Thomas
Partner: UNT Libraries Government Documents Department