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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 M… more
Date: March 7, 2014
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
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 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.
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. The report addresses the constitutional and statutory sources that arguably provide authority for the detention of enemy combatants, as well as those that may prevent the exercise of that power with respect to U.S. citizens. The report concludes that historically, even during de… more
Date: March 15, 2004
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: March 10, 2004
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: March 10, 2004
Creator: Elsea, Jennifer K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

Description: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures a… more
Date: March 17, 2011
Creator: Elsea, Jennifer K. & Grimmett, Richard F.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications

Description: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution.
Date: March 8, 2007
Creator: Elsea, Jennifer K. & Grimmett, Richard F.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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.
Date: March 14, 2016
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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 discu… more
Date: March 28, 2011
Creator: Garcia, Michael John; Elsea, Jennifer K.; Mason, R. Chuck & Liu, Edward C.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress

Description: The ongoing uprising in Libya against the government of Muammar al Qadhafi has been the subject of ongoing domestic and international debate about potential international military intervention, including the proposed establishment of a no-fly zone over Libya. This report discusses several related issues for Congress surrounding the strategy, international authorization, congressional authorization, operations, and costs of establishing and maintaining no-fly zones.
Date: March 18, 2011
Creator: Gertler, Jeremiah; Blanchard, Christopher M.; Daggett, Stephen; Dale, Catherine; Elsea, Jennifer K. & Grimmett, Richard F.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court

Description: This report provides an overview of Judge Gorsuch's jurisprudence and discusses how the Supreme Court might be affected if he were to succeed Justice Scalia. It begins by discussing the nominee's views on two cross-cutting issues -- the role of the judiciary and statutory interpretation -- then addresses fourteen separate areas of law, arranged in alphabetical order, from "administrative law" to "takings." The report includes a table that notes the cases where the Supreme Court has reviewed maj… more
Date: March 8, 2017
Creator: Nolan, Andrew; Lewis, Caitlain Devereaux; Manuel, Kate M.; Cole, Jared P.; Elsea, Jennifer K. & Murrill, Brandon J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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