23 Matching Results

Search Results

Results: 1 - 23
open access

Detention of American Citizens as Enemy Combatants

Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the op… more
Date: February 24, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Detention of American Citizens as Enemy Combatants

Description: This report provides background information regarding the cases of two U.S. citizens deemed “enemy combatants,” Yaser Esam Hamdi, who has been returned to Saudi Arabia, and Jose Padilla, who remains in military custody. A brief introduction to the law of war pertinent to the detention of different categories of individuals is offered, followed by brief analyses of the main legal precedents invoked to support the President’s actions, as well as Ex parte Milligan, which some argue supports the op… more
Date: March 31, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the M… more
Date: January 18, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Lawsuits Against State Supporters of Terrorism: An Overview

Description: Since 1996, American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism — Cuba, Iran, Libya, North Korea, Sudan, Syria, and until recently, Iraq — have had the option of bringing suit in federal court to seek monetary damages. Holders of judgments against these States, however, have encountered difficulties in their efforts to collect, despite congressional efforts to make blocked (or “frozen”) assets of such States … more
Date: April 4, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Lawsuits Against State Supporters of Terrorism: An Overview

Description: A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism — Cuba, Iran, Libya, North Korea, Sudan, Syria, and until recently, Iraq — to bring suit in federal court to seek monetary damages. Holders of judgments against these States, however, have encountered difficulties in their efforts to collect, despite congressional efforts to make blocked… more
Date: June 23, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Lawsuits Against State Supporters of Terrorism: An Overview

Description: A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism — Cuba, Iran, Libya, North Korea, Sudan, Syria, and until recently, Iraq — to bring suit in federal court to seek monetarily damages. Holders of judgments against these States, however, have encountered difficulties in their efforts to collect, despite congressional efforts to make block… more
Date: May 27, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Detainees at Guantànamo Bay

Description: After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to t… more
Date: June 22, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Detainees at Guantànamo Bay

Description: After the U.S. Supreme Court held that U.S. courts have jurisdiction to hear legal challenges on behalf of more than 500 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba in connection with the war against terrorism, the Pentagon established administrative hearings, called “Combatant Status Review Tribunals” (CSRTs), to allow the detainees to contest their status as enemy combatants. This report provides an overview of the CSRT procedures and summarizes court cases related to t… more
Date: July 20, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Posse Comitatus Act and Related Matters: A Sketch

Description: The Posse Comitatus Act states that: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances w… more
Date: June 6, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the M… more
Date: August 4, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice

Description: This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the M… more
Date: August 4, 2005
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Terrorism: Some Legal Restrictions on Military Assistance to Domestic Authorities Following a Terrorist Attack

Description: The Constitution empowers the President to act as Commander in Chief of the armed forces and to see to the execution of federal law; it gives Congress the authority to make federal law including laws for the regulation of the armed forces. The Posse Comitatus Act prohibits the use of the armed forces to perform civilian governmental tasks unless explicitly authorized to do so. There are statutory exceptions to ensure continued enforcement of state and federal law, to provide disaster assistance… more
Date: May 27, 2005
Creator: Doyle, Charles & Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Graham Amendment and analyzes how it might affect detainee-related litigation in federal court.
Date: December 7, 2005
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Implications of the Vienna Convention on Consular Relations upon the Regulation of Consular Identification Cards

Description: The recent controversy regarding the use of consular identification cards (IDs) by aliens within the United States, in particular Mexico’s particular consular, has led to calls for legislation to regulate the issuance of the cards by foreign missions or their acceptance by U.S. government and private entities. This report identifies possible implications that U.S. regulation or monitoring of the issuance of these cards by foreign missions might have upon U.S. obligations under the Vienna Conven… more
Date: May 23, 2005
Creator: Elsea, Jennifer K. & Garcia, Michael John
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Federal and State Quarantine and Isolation Authority

Description: This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would … more
Date: December 12, 2005
Creator: Swendiman, Kathleen S. & Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Implications of the Vienna Convention on Consular Relations upon the Regulation of Consular Identification Cards

Description: This report discusses controversy surrounding the usage of consular identification cards within the United States. It identifies any potential implications that issuing these cards would have with regards to the Vienna Convention on Consular Relations.
Date: January 26, 2005
Creator: Elsea, Jennifer K. & Garcia, Michael John
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
Back to Top of Screen