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9/11 Commission Recommendations: A Civil Liberties Oversight Board

Description: This report discusses the recommendation made by the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) regarding the creation of a board within the executive branch to oversee adherence to guidelines on, and the commitment to defend, civil liberties by the federal government.
Date: December 22, 2004
Creator: Relyea, Harold C.
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

Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation

Description: This report discusses U.S. policy and legislation in response to Pyongyang's human rights record. North Korea's systematic violation of its citizens' human rights and the plight of North Koreans trying to escape their country have been well documented in multiple reports issued by governments and other international bodies.
Date: January 30, 2009
Creator: Chanlett-Avery, Emma
Partner: UNT Libraries Government Documents Department

Cuba: U.S. Restrictions on Travel and Remittances

Description: The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 110th Congress that would ease U.S. travel restrictions to Cuba.
Date: September 28, 2008
Creator: Sullivan, Mark P.
Partner: UNT Libraries Government Documents Department

Cuba: U.S. Restrictions on Travel and Remittances

Description: The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 110th Congress that would ease U.S. travel restrictions to Cuba.
Date: July 30, 2008
Creator: Sullivan, Mark P.
Partner: UNT Libraries Government Documents Department

Cuba: U.S. Restrictions on Travel and Remittances

Description: The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 111th Congress that would ease U.S. travel restrictions to Cuba.
Date: August 10, 2009
Creator: Sullivan, Mark P.
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: June 6, 2008
Creator: Stevens, Gina Marie
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 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

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

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

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

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 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

The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues

Description: This report briefly outlines three issues relating to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate — the Fourth and First Amendments. This report briefly examines these issues and sets them in context.
Date: July 7, 2008
Creator: Bazan, Elizabeth B.
Partner: UNT Libraries Government Documents Department

Freedom of Information Act Amendments: 109th Congress

Description: This report discusses the Freedom of Information Act (FOIA), which was designed to enable any person — individual or corporate, regardless of citizenship — to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic.
Date: February 25, 2005
Creator: Relyea, Harold C.
Partner: UNT Libraries Government Documents Department

Freedom of Information Act (FOIA): Issues for the 111th Congress

Description: This report includes a brief history of the Freedom of Information Act (FOIA), discusses subsequent modifications of FOIA, addresses statutory changes to FOIA that have not yet been implemented, examines Obama Administration efforts to modify the act, and outlines possible legislative issues related to the act.
Date: August 12, 2009
Creator: Ginsberg, Wendy R.
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

Freedom of Speech and Press: Exceptions to the First Amendment

Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. 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.
Date: November 20, 2002
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. 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.
Date: November 5, 2001
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. 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.
Date: January 7, 2004
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. 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.
Date: May 6, 2003
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

Description: The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. 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.
Date: August 27, 2003
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Freedom of Speech and Press: Exceptions to the First Amendment

Description: The First Amendment to the United States Constitution provides that “Congress shall make no law... abridging the freedom of speech, or of the press....” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. 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.
Date: May 16, 2002
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department