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Federal Habeas Corpus: An Abridged Sketch

Description: This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Date: April 28, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Federal Habeas Corpus: A Brief Legal Overview

Description: This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.
Date: April 26, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Bringing Peace to Chechnya?: Assessments and Implications

Description: A consistent theme of U.S. and other international criticism of Russia is that Russian troops use excessive and indiscriminate force to quell separatism in Chechnya and commit serious human rights abuses. There appeared to be fewer Administration suggestions to Russia that it should open peace talks with “moderate” separatists, more tolerance for Russia’s argument that it primarily was battling terrorism in Chechnya, and some hope that elections and rebuilding in Chechnya could contribute to a “political settlement.” But some in the Administration also argue that Russia is showing declining interest in the adoption of Western democratic and human rights “values,” and that such slippage could ultimately harm bilateral relations.
Date: March 31, 2006
Creator: Nichol, Jim
Partner: UNT Libraries Government Documents Department

Data Security: Protecting the Privacy of Phone Records

Description: This report discusses recent legislative and regulatory efforts to protect the privacy of customer telephone records, and efforts to prevent the unauthorized use, disclosure, or sale of such records by data brokers. In addition, it provides a brief overview of the confidentiality protections for customer information established by the Communications Act of 1934.
Date: February 28, 2006
Creator: Stevens, Gina Marie & Rainson, Tara Alexandra
Partner: UNT Libraries Government Documents Department

Data Security: Federal Legislative Approaches

Description: This report discusses the core areas addressed in federal legislation, including the scope of coverage (who is covered and what information is covered); data privacy and security safeguards for sensitive personal information; requirements for security breach notification (when, how, triggers, frequency, and exceptions); restrictions on social security numbers (collection, use, and sale); credit freezes on consumer reports; identity theft penalties; causes of action; and preemption.
Date: February 9, 2006
Creator: Stevens, Gina Marie
Partner: UNT Libraries Government Documents Department

Data Security: Federal and State Laws

Description: Security breaches involving electronic personal data have come to light largely as a result of the California Security Breach Notification Act, a California notification law that went into effect in 2003. In response, the states and some Members have introduced bills that would require companies to notify persons affected by such security breaches. By December 2005, 35 states had introduced data security legislation and 22 states had enacted data security laws.
Date: February 3, 2006
Creator: Stevens, Gina Marie
Partner: UNT Libraries Government Documents Department

Federal Habeas Corpus Relief: Background, Legislation, and Issues

Description: This report examines the issues surrounding the debate on whether to further restrict state prisoners’ access to federal habeas corpus filings. This report does not discuss issues related to federalism and the proper role of the federal court system in overseeing the actions of state courts pertaining to prisoners’ constitutional rights. The report opens with a discussion of a commission that was established in 1988 to study and make recommendations of the then-current federal habeas corpus system and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It then provides an analysis of federal habeas corpus petition data since 1990. The report examines whether the number of federal habeas corpus petitions and the time it takes for the federal court system to process these claims have increased since the enactment of the the Anti-Terrorism and Effective Death Penalty Act (AEDPA). It then discusses legislation introduced in the 109th Congress that would further restrict state prisoners’ access to federal habeas corpus relief. The report concludes with an analysis of two dominant issues that are at the center of this debate: delays caused by habeas corpus petitions and post-conviction representation.
Date: February 1, 2006
Creator: Seghetti, Lisa M & James, Nathan
Partner: UNT Libraries Government Documents Department

Interrogation of Detainees: Overview of the McCain Amendment

Description: This report discusses the recent controversy that has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109- 148), and the National Defense Authorization Act for FY2006 (P.L. 109-163) contain identical provisions that (1) require Department of Defense (DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the “cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.” These provisions, added to the defense appropriations and authorization bills via amendments introduced by Senator John McCain, have popularly been referred to as “the McCain amendment.” This report discusses the McCain amendment, as modified and subsequently enacted into law.
Date: January 24, 2006
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department