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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 discusses legislation addressing the immunity of foreign officials (the Justice Against Sponsors of Terrorism Act, H.R. 3143 and S. 1535).
Date: December 16, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Criminal Prohibitions on the Publication of Classified Defense Information

Description: 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. The report provides a summary of previous legislative efforts to criminalize the unauthorized disclosure of classified information.
Date: June 24, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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: December 27, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the… more
Date: October 18, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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. The report also addresses legislation considered by the 111th Congress that would have affected the immunity of foreign officials (the Justice Against Sponsors of Terrorism Act, S. 2930, 111th Cong.).
Date: January 11, 2011
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including … more
Date: January 10, 2011
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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 legislat… more
Date: September 24, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the… more
Date: December 6, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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
open access

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 … more
Date: February 1, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report identifies some criminal statutes that may apply and also discusses the… more
Date: September 8, 2011
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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. The Justice Department and Department of Defense are investigating the circumstances to determine whether any prosecutions will be undertaken in connection with the disclosure. This report discusses the statutory prohibitions that may be implicated, including … more
Date: June 26, 2012
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

Criminal Prohibitions on the Publication of Classified Defense Information

Description: 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 9, 2013
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

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 table comparing selected military commissions rules under the Military Commissions Act, as amended, to the corresponding rules that apply in federal court.
Date: April 6, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
open access

U.S. Policy Regarding the International Criminal Court

Description: This report outlines the main objections the United States has raised with respect to the International Criminal Court and analyzes the American Service member Protection Act (ASPA), enacted to regulate the US cooperation with the ICC
Date: June 14, 2006
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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