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Zivotofsky v. Kerry: The Jerusalem Passport Case

Description: This report briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The report summarizes the appellate court's opinion finding the passport measure unconstitutional and presents brief synopses of the petitioner's argument before the Supreme Court, the Secretary of State's brief in response, and briefs of amici curiae submitted by the Senate (pursuant to S.Res. 504) and by some Members of the House of Representatives. Finally, the report concludes by suggesting some factors that may affect the outcome.
Date: October 30, 2014
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

Description: On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.
Date: August 24, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Criminal Prohibitions on the Publication of Classified Defense Information

Description: The recent online publication of classified defense documents by the organization Wikileaks and subsequent reporting by the New York Times and other news media have focused attention on whether such publication violates U.S. criminal law. This report discusses the statutory prohibitions that may be implicated, including the Espionage Act; the extraterritorial application of such statutes; and the First Amendment implications related to such prosecutions against domestic or foreign media organizations and associated individuals.
Date: September 10, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Protection of Classified Information: The Legal Framework

Description: This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report describes some recent developments in executive branch security policies and legislation currently before Congress (S. 3454).
Date: December 17, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Suits Against Terrorist States by Victims of Terrorism

Description: This report provides background on the doctrine of State immunity and the Foreign Sovereign Immunities Act (FSIA); details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets, and provides an overview of proposed legislation
Date: May 1, 2008
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Suits Against Terrorist States by Victims of Terrorism

Description: This report provides background on the doctrine of State immunity and the Foreign Sovereign Immunities Act (FSIA); details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets, and provides an overview of proposed legislation.
Date: July 31, 2008
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Samantar v. Yousef: The Foreign Sovereign Immunities Act (FSIA) and Foreign Officials

Description: This report provides an overview of the Foreign Sovereign Immunities Act (FSIA), followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation considered by the 112th Congress addressing the immunity of foreign officials (the Justice Against Sponsors of Terrorism Act, S. 1894 and H.R. 5904).
Date: December 17, 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 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

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: May 13, 2013
Creator: Elsea, Jennifer K.
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

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 Commission ACT (MCA) to those established by the MCA 2006. 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: August 4, 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: February 28, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Protection of Classified Information: The Legal Framework

Description: This report provides an overview of the relationship between executive and legislative authority over national security information, and summarizes the current laws that form the legal framework protecting classified information, including current executive orders and some agency regulations pertaining to the handling of unauthorized disclosures of classified information by government officers and employees. The report also summarizes criminal laws that pertain specifically to the unauthorized disclosure of classified information, as well as civil and administrative penalties. Finally, the report describes some recent developments in executive branch security policies and relevant legislative activity.
Date: January 10, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Congressional Authority to Limit Military Operations

Description: This report discusses constitutional provisions allocating war powers between Congress and the President, and presenting a historical overview of relevant court cases. It considers Congress's constitutional authority to end a military conflict via legislative action; the implications that the War Powers Resolution or the repeal of prior military authorization may have upon the continued use of military force; and other considerations which may inform congressional decisions to limit the use of military force via statutory command or through funding limitations.
Date: February 19, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Intelligence Identities Protection Act

Description: This report summarizes the Intelligence Identities Protection Act, P.L. 97-200, enacted by Congress in 1982 to address the unauthorized disclosure of information that exposes covert U.S. intelligence agents. The act also provides exceptions and defenses to prosecution, makes provision for extraterritorial application for offenders who are U.S. citizens or permanent resident aliens, includes reporting requirements to Congress, and sets forth definitions of the terms used in the act.
Date: April 10, 2013
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

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

Zivotofsky v. Kerry: The Jerusalem Passport Case and Its Potential Implications for Congress's Foreign Affairs Powers

Description: This report briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The report then summarizes the Supreme Court decision, including concurrences and dissents. Finally, the report concludes by suggesting possible implications of the decision with respect to Congress's authority to influence foreign affairs.
Date: September 28, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Iran Hostages: Efforts to Obtain Compensation

Description: This report outlines the history of various efforts relating to benefits for victims of the 1979-1981 Iran Hostage Crisis, and describes several bills currently before Congress: the Justice for Former American Hostages in Iran Act of 2015, S. 868, a companion bill, H.R. 3338, and Section 122 of the Department of State Operations Authorization and Embassy Security Act, Fiscal Year 2016, S. 1635.
Date: November 2, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

In Re Terrorist Attacks on September 11, 2001: Claims Against Saudi Defendants Under the Foreign Sovereign Immunities Act (FSIA)

Description: This report summarizes the Foreign Sovereign Immunities Act (FSIA) and jurisdiction in cases against foreign defendants and analyzes the court of appeals decision. It also discusses legislative efforts to address these issues(S. 1535 and H.R. 3143).
Date: January 22, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

The Military Commissions Act of 2009: Overview and Legal Issues

Description: This report provides an analysis of the National Flood Insurance Program (NFIP) and its financial status, summarizes the major challenges facing the program, including issues affecting its long-term financial solvency, presents some alternative approaches for managing and financing the flood losses and describes pending legislation on this issue.
Date: April 6, 2010
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: January 26, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department