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Administrative Separations for Misconduct: An Alternative or Companion to Military Courts-Martial

Description: The recent reports of abuse of prisoners held by U.S. military personnel have raised questions about how the armed forces control servicemembers. Congress, under the authorities vested in it by the U.S. Constitution, has enacted procedures for addressing misconduct by servicemembers. One such procedure is an administrative separation under which a member’s continued suitability for service is determined. Administrative separations are non-punitive and can be initiated for a number of reasons, including misconduct or criminal offenses. They may be used in place of or after the servicemember has been subject to a court-martial or nonjudicial punishment. This report provides an overview of administrative separations as an alternative or companion to courts-martial.
Date: May 26, 2004
Creator: Velez Pollack, Estela I.
Partner: UNT Libraries Government Documents Department

Civil Charges in Corporate Scandals

Description: This report lists civil suites filled by federal regulatory agencies charging individuals and corporations with violations related to these scandals. The list is limited to corporations and their offices or employees that fit within the Enron pattern. That is, these are cases that display one or more of the following: irregular accounting and auditing, management self-dealing, conflicts of interests between firms and financial advisors (or Wall Street firms and their costumers), and manipulation or abusive trading in energy markets.
Date: April 8, 2004
Creator: Jickling, Mark & Janov, Paul H.
Partner: UNT Libraries Government Documents Department

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 declared wars, additional statutory authority has been seen as necessary to validate the detention of citizens not members of any armed forces, casting in some doubt the argument that the power to detain is necessarily implied by an authorization to use force. Finally, the report briefly analyzes the Detention of Enemy Combatants Act, H.R. 1029, which would authorize the President to detain U.S. citizens and residents who are determined to be “enemy combatants” in certain circumstances.
Date: March 15, 2004
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Enforcing Immigration Law: The Role of State and Local Law Enforcement

Description: This report examines the role of state and local law enforcement in enforcing immigration law. The discussion is limited to the role of state and local law enforcement in the investigation, arrest, and detention of all immigration violators. The report does not discuss the prosecution, adjudication, or removal of aliens who violate the law. The report opens with a brief discussion of the types of immigration interior enforcement activities that the former Immigration and Naturalization Service (INS) pursued and the current immigration activities that are now the focus of the Department of Homeland Security (DHS). A discussion of the legal authority that permits state and local law enforcement to enforce immigration law under certain circumstances follows. Current administrative efforts to involve state and local law enforcement in enforcing immigration law as well as selected issues are discussed. The report concludes with a discussion of the pros and cons of such a policy and an analysis of policy options for Congress.
Date: March 11, 2004
Creator: Seghetti, Lisa M.; Viña, Stephen R. & Ester, Karma
Partner: UNT Libraries Government Documents Department