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Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Description: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants and also discusses notable circuit court opinions addressing issues of ongoing relevance.
Date: April 21, 2014
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 National Defense Authorization Act (NDAA), provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in the 2013 NDAA and 2014 NDAA, as well as those found in the competing House and Senate defense authorization bills for FY2015.
Date: June 23, 2014
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Detention of U.S. Persons as Enemy Belligerents

Description: This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented. The report concludes by discussing Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Date: December 4, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Health Care for Noncitizens in Immigration Detention

Description: This report begins with an overview of noncitizen detention and then examines the procedures and issues with detainee health care. This report concludes with a discussion of legislation introduced in the 110th Congress related to detainee health care.
Date: June 27, 2008
Creator: Siskin, Alison
Partner: UNT Libraries Government Documents Department

Detention of U.S. Persons as Enemy Belligerents

Description: This report analyzes the existing law and authority to detain U.S. persons, including American citizens and resident aliens, as well as other persons within the United States who are suspected of being members, agents, or associates of Al Qaeda or possibly other terrorist organizations as "enemy combatants."
Date: January 23, 2014
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: Leading Opinions on Wartime Detentions

Description: This report discusses the justice John Paul Stevens that played a pivotal role in determining the scope of executive-branch power in a post-9/11 world. After 9/11, Congress quickly authorized the Executive to respond to the terrorist attacks using military force
Date: May 13, 2010
Creator: Henning, Anna C.
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues and provides a section-by-section analysis of the detainee provisions in the National Defense Authorization Act for FY2012. It also discusses executive interpretation and implementation of the Act's mandatory military detention provision. Finally, it addresses detainee provisions in the 2013 NDAA, the 2014 NDAA, and the 2015 NDAA.
Date: January 23, 2015
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 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

Closing the Guantanamo Detention Center: Legal Issues

Description: This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
Date: March 28, 2011
Creator: Garcia, Michael John; Elsea, Jennifer K.; Mason, Chuck R. & Liu, Edward, C.
Partner: UNT Libraries Government Documents Department

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Description: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Date: March 29, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings

Description: This report discusses major judicial opinions concerning suspected enemy belligerents detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants. It also discusses notable circuit court opinions addressing issues of ongoing relevance.
Date: April 6, 2012
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Detainee Provisions in the National Defense Authorization Bills

Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Date: July 18, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Detainee Provisions in the National Defense Authorization Bills

Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Date: December 8, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Detainee Provisions in the National Defense Authorization Bills

Description: This report offers a brief background of the salient issues raised by H.R. 1540 and S. 1867 regarding detention matters, provides a section-by-section analysis of the relevant subdivision of each bill, and compares the bills' approaches with respect to the major issues they address.
Date: November 18, 2011
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Detention of U.S. Persons as Enemy Belligerents

Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Date: February 1, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of U.S. Persons as Enemy Belligerents

Description: The detainee provisions passed as part of the National Defense Authorization Act for FY2012 affirm that the Authorization for Use of Military Force in response to the terrorist attacks of September 11, 2001, authorizes the detention of persons captured in connection with hostilities. This report provides a background to the legal issues presented, followed by a brief introduction to the law of war pertinent to the detention of different categories of individuals. An overview of U.S. practice during wartime to detain persons deemed dangerous to the national security is presented.
Date: April 11, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Detention of U.S. Persons as Enemy Belligerents

Description: This report provides a background to the National Defense Authorization Act for FY2012, the Authorization to use Military Force act, and the President's power to detain "enemy combatants." It then gives a brief introduction to the law of war pertinent to the detention of different categories of individuals and an overview of U.S. practice during wartime to detain persons deemed dangerous to national security. It concludes by discussion Congress's role in prescribing rules for wartime detention as well as legislative proposals in the 112th Congress to address the detention of U.S. persons.
Date: February 1, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Wartime Detention Provisions in Recent Defense Authorization Legislation

Description: This report offers a brief background of the salient issues raised by the detainee provisions of the FY2012 NDAA, provides a section-by-section analysis, and discusses executive interpretation and implementation of the act's mandatory military detention provision. It also addresses detainee provisions in subsequent defense authorization legislation, as well as those under consideration during the House and Senate deliberations of the 2016 NDAA.
Date: May 28, 2015
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department