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Nomination and Confirmation of Lower Federal Court Judges in Presidential Election Years

Description: This report seeks to shed light on whether Senate processing of lower court nominations, particularly to the courts of appeals, has tended over recent decades to slow down in presidential election years. The report begins by reviewing recent debate, and historical events dating back to 1980, concerning whether the Senate and its Judiciary Committee customarily observe a practice referred to as the "Thurmond rule." Next, the report provides narratives on each presidential election year from 1980 to 2004, reviewing Senate and committee actions taken on court of appeals and district court nominations in each of the years. The report then compares these years quantitatively, examining the number and percent of nominations processed and the last dates of committee and Senate action taken.
Date: August 13, 2008
Creator: Rutkus, Denis Steven & Scott, Kevin M.
Partner: UNT Libraries Government Documents Department

The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues

Description: This report provides a background and analysis comparing military commissions as envisioned under the revised Military Commissions Act (MCA) to those established by the MCA 2006. After reviewing the history of the implementation of military commissions in the armed conflict against Al Qaeda and associated forces, the report provides an overview of the procedural safeguards provided in the MCA. Finally, the report provides two charts comparing the MCA as amended by the MCA 2009 to the original MCA enacted in 2006 and to general courts-martial.
Date: March 7, 2014
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Comparison of Rights in Military Commission Trials and Trials in Federal Criminal Court

Description: This report provides a brief summary of legal issues raised by the choice of forum for trying accused terrorists and a chart comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Date: March 21, 2014
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Judiciary Appropriations, FY2017

Description: The first section of this report provides an overview of the consideration of FY2017 judiciary appropriations, followed by a section on prior-year actions and funding. The report then provides an overview of judiciary accounts.
Date: August 3, 2016
Creator: Glassman, Matthew E.
Partner: UNT Libraries Government Documents Department

Judiciary Appropriations, Fiscal Year 2018

Description: This report provides an overview of the consideration of FY2018 judiciary appropriations, with subsections covering each major action, including the initial submission of the request on May 23, 2017; a hearing held by the House Appropriations Subcommittee on Financial Services and General Government; the House Appropriations subcommittee markup on June 29, 2017; and the House Appropriations Committee markup on July 13, 2017. The status of FY2018 judiciary appropriations is summarized in Table 1. This overview is followed by a section on prior-year actions and funding. The report then provides an overview of judiciary accounts.
Date: August 30, 2017
Creator: Glassman, Matthew E.
Partner: UNT Libraries Government Documents Department

Dude, Where's My Jurisdiction? Congressional Efforts to Strip Federal Courts of Jurisdiction

Description: This report discusses Congress' right to strip federal courts of jurisdiction at any time including during litigation. It specifically discusses the case of "Patchak v. Jewell" concerning the Department of Interior's right to hold land in trust for a Native American tribe which led to Congress using their right to strip courts of jurisdiction to end the case.
Date: August 17, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act?

Description: This report discusses the requirements under the Gun Control Act of 1968 that prohibit persons convicted of felony crimes and misdemeanor domestic violence from buying or possessing firearms and what courts are covered under the phrase "any court' in the legislation.
Date: November 14, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

Pennsylvania Mining Statutes Annotated

Description: From Author's Explanation: "This bulletin is intended to include every legislative enactment of the Commonwealth of Pennsylvania relating to the mining and mineral industries. The entire body of mining laws is set out for these obvious reasons: (1) To show the progress and advancement made, and the changes through which the enactments have passed; (2) an author may not assume the determination of what particular laws are in fact in effect, as this is within the jurisdiction of the courts alone; (3) it was at least necessary to set out all acts that had at any time been construed by the courts."
Date: 1920
Creator: Thompson, J. W.
Partner: UNT Libraries Government Documents Department

Judiciary Appropriations FY2016

Description: This report provides an overview of the consideration of FY2016 judiciary appropriations, with subsections covering each major action, including the initial submission of the request on February 2, 2015; hearings held by the House and Senate Financial Services Subcommittees; and the House subcommittee markup on June 10, 2015. This overview is followed by a section on prior-year actions and funding and then an overview of judiciary accounts.
Date: June 18, 2015
Creator: Glassman, Matthew E.
Partner: UNT Libraries Government Documents Department

Congressional Power to Create Federal Courts: A Legal Overview

Description: This report provides an overview of this often difficult and misunderstood area of law, beginning with a discussion of the various types of federal tribunals. The report continues by noting the rationales for why Congress established the breadth of different courts that exist today and concludes with a discussion of the various factors and relevant issues that limit Congress's discretion in establishing federal courts.
Date: October 1, 2014
Creator: Nolan, Andrew & Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

Judicial Enforcers? Exploring Lower Federal Court Compliance in Regulating the Obscene

Description: Although federal circuit and district court judges are placed within a federal hierarchy, and receive legal and judicial training that emphasizes the importance of the judicial framework and its structure, such judges are also subjected to other pressures such as the types of litigants within the courtrooms as well as their local political environment. Furthermore, such judges are apt to form their own views about politics and legal policy and are often appointed by presidents who approve of their ideological leanings. Thus, federal courts are caught between competing goals such as their willingness to maximize their preferred legal policy, and their place within the judicial hierarchy. This dissertation applies hierarchy and impact theory to assess the importance of the judicial framework and its socialization, by analyzing both the judicial opinions and votes of federal circuit and district court judges in obscenity cases during a four-decade period (1957-1998). The research presented here finds the influence of higher court precedent to correspond in part with the conception of a judicial hierarchy. An analysis of citations of Supreme Court precedent (Roth v. United States (1957) and Miller v. California (1973)) in lower court majority opinions suggests low levels of compliance: lower courts at the circuit and district court level do not signal to the Supreme Court their acceptance of High Court doctrine; thus, except for 'factual' cases, most circuit and district court decisions do not comply formally with higher court precedent. An analysis of judicial votes, however, suggests that a Supreme Court doctrinal shift (to Miller v. California) influences lower court decisions only at the circuit court level. Further investigation suggests that Supreme Court precedent has a greater influence in circuit courts than in district courts: not only is the magnitude greater for circuit (versus district) court decisions, such results occur when controlling ...
Date: May 2004
Creator: Ryan, John Francis
Partner: UNT Libraries

Military Justice: Courts-Martial, an Overview

Description: This report gives a detailed overview of the military court-martial system, including a discussion of the three types of court-martials: summary, special, and general. It includes a chart showing procedural safeguards in federal and military courts.
Date: August 12, 2013
Creator: Mason, Chuck R.
Partner: UNT Libraries Government Documents Department

Supreme Court Declines to Take Up Military Commission Challenges-Al Bahlul and Al-Nashiri

Description: This report discusses the Supreme Court's rejection of cases submitted by two detainees at Guantanamo Bay (Ali Hamza Ahmad Suliman al Bahlul & Abd Al-Rahim Hussein Al-Nashiri) challenging the current military commission system under the Military Commissions Act (MCA). It discusses the merits of the cases, the various legal proceedings regarding them, and case law related to the issue.
Date: December 12, 2017
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Military Justice: Courts-Martial, An Overview

Description: Recent high profile military-related cases involving U.S. armed forces in Afghanistan, including the deadly attack on Afghan civilians allegedly by a service member, the accidental burning of the Quran, and service members allegedly urinating on Afghan corpses, have resulted in increased public and congressional interest in military discipline and the military justice system. The Uniform Code of Military Justice (UCMJ) authorizes three types of courts-martial: (1) summary court-martial; (2) special court martial; and (3) general court-martial. Depending on the severity of the alleged offense, the accused's commanding officer enjoys great discretion with respect to the type of court-martial to convene. This report discusses the court martial procedure in further detail.
Date: March 14, 2012
Creator: Mason, Chuck R.
Partner: UNT Libraries Government Documents Department

Military Justice: Courts-Martial, An Overview

Description: This report gives a detailed overview of the military court-martial system, including a discussion of the three types of court-martials: summary, special, and general. It includes a chart showing procedural safeguards in federal and military courts.
Date: March 31, 2011
Creator: Mason, Chuck R.
Partner: UNT Libraries Government Documents Department