Congressional Research Service Reports - 325 Matching Results

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Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal (CSRT) procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act (DTA), as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court. The report summarizes pending legislation and provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to the Guantanamo detainees.
Date: July 29, 2008
Creator: Elsea, Jennifer K.; Garcia, Michael John & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

International Conflict and Property Rights: Fifth Amendment "Takings" Issues

Description: This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Date: December 5, 2001
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

Judge Samuel Alito's Opinions in Freedom of Speech Cases

Description: This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
Date: December 9, 2005
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Date: April 5, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Date: February 3, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the early judicial developments and the establishment of Combatant Status Review Tribunals (CSRTs) procedures; summarizes selected court cases related to the detentions and the use of military commissions; and discusses the Detainee Treatment Act, as amended by the Military Commissions Act of 2006 and the Military Commissions Act of 2009, analyzing its effects on detainee-related litigation in federal court. The report summarizes the Supreme Court's decision in Boumediene invalidating Congress's efforts to revoke the courts' habeas jurisdiction, and discusses some remaining issues and subsequent developments.
Date: April 7, 2009
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department

Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Description: This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
Date: October 19, 2009
Creator: Smith, Alison M.
Partner: UNT Libraries Government Documents Department

Protection of Children Online: Federal and State Laws Addressing Cyberstalking, Cyberharassment, and Cyberbullying

Description: This report discusses Internet crimes, such as cyberbullying, cyberharassment, and cyberstalking, along with the limitations of such laws in the current environment. While Congress, under the Commerce Clause, has authority to regulate the Internet, Internet "harassment" presents new challenges for legislators in terms of defining and prosecuting such activity.
Date: September 5, 2008
Creator: Smith, Alison M.
Partner: UNT Libraries Government Documents Department

U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield

Description: This report provides background on U.S. and European Union (EU) data protection policies and the Safe Harbor Agreement, discusses the Court of Justice of the European Union (CJEU) ruling, and reviews the key elements of the newly-proposed Privacy Shield. It also explores various issues for Congress, including implications for U.S. firms of Safe Harbor's invalidation and the role of the Judicial Redress Act in helping to ameliorate U.S.-EU tensions on data privacy and protection issues.
Date: May 19, 2016
Creator: Weiss, Martin A. & Archick, Kristin
Partner: UNT Libraries Government Documents Department

Access to Government Information in the United States

Description: The U.S. Constitution makes no specific allowance for any one of the three branches of the federal government to have access to information held by the others. No provision in the U.S. Constitution expressly establishes a procedure for public access to government information. Congress has legislated various public access laws. Among these laws are two records access statutes, The Freedom of Information Act, the Privacy Act, and two meetings access statutes, the Federal Advisory Committee Act, and the Government in the Sunshine Act. This report offers an overview of the four information access laws noted above, and provides citations to additional resources related to these tools.
Date: August 31, 2009
Creator: Ginsberg, Wendy R.
Partner: UNT Libraries Government Documents Department

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 resources related to transparency, secrecy, access, and nondisclosure.
Date: March 18, 2016
Creator: Ginsberg, Wendy & Greene, Michael
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunals (CSRTs) procedures. It summarizes relevant court cases and the effect of the Detainee Treatment Act, as well as pending legislation. The report also provides an analysis of relevant constitutional issues that may have some bearing on Congress's options with respect to detainees held at Guantanamo and elsewhere.
Date: January 29, 2009
Creator: Elsea, Jennifer K.; Garcia, Michael J. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees:

Description: In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation in federal court.
Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Detainees at Guantànamo Bay

Description: After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to the detentions.
Date: June 22, 2005
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department