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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.
Partner: UNT Libraries Government Documents Department
open access

The National Defense Authorization Act for FY2012 and Beyond: Detainee Matters

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 the 2013 NDAA and 2014 NDAA.
Date: January 27, 2014
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
open access

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 … more
Date: April 7, 2009
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
open access

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 … more
Date: February 3, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
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 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
open access

U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions

Description: This report addresses select legal questions raised by the use of military force against Islamic State (IS). Questions addressed in this report include potential sources (and limitations) of presidential authority to use military force against the Islamic State without congressional authorization; the potential relevance of the 2002 Authorization for Use of Military Force Against Iraq (2002 Iraq AUMF; P.L. 107-243) and the 2001 Authorization for Use of Military Force (2001 AUMF; P.L. 107-40); t… more
Date: September 9, 2014
Creator: Garcia, Michael John & Elsea, Jennifer K.
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: April 18, 2014
Creator: Elsea, Jennifer K. & Weed, Matthew C.
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 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
open access

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 … more
Date: April 5, 2010
Creator: Elsea, Jennifer K. & Garcia, Michael J.
Partner: UNT Libraries Government Documents Department
open access

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commission, and summarizes the Detainee Treatments Act, as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court.
Date: January 28, 2008
Creator: Elsea, Jennifer K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department
open access

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunals procedures,summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court.
Date: July 25, 2007
Creator: Elsea, Jennifer K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department
open access

The Use of Federal Troops for Disaster Assistance: Legal Issues

Description: This report summarizes the possible constitutional and statutory authorities and constraints relevant to the use of armed forces, including National Guard units in federal service, to provide assistance to states when a natural disaster impedes the operation of state and local police.
Date: November 5, 2012
Creator: Elsea, Jennifer K. & Mason, R. Chuck
Partner: UNT Libraries Government Documents Department
open access

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
open access

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
open access

The National Defense Authorization Act for FY2012: Detainee Matters

Description: The National Defense Authorization Act for FY2012 (2012 NDAA, P.L. 112-81) contains a subtitle addressing issues related to detainees at the U.S. Naval Station at Guantanamo Bay, Cuba, and more broadly, the disposition of persons captured in the course of hostilities against Al Qaeda and associated forces. 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.
Date: January 11, 2012
Creator: Elsea, Jennifer K. & Garcia, Michael John
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: April 6, 2012
Creator: Elsea, Jennifer K. & Garcia, Michael John
Partner: UNT Libraries Government Documents Department
open access

Naval Station Guantanamo Bay: History and Legal Issues Regarding Its Lease Agreements

Description: This report briefly outlines the history of the establishment of the U.S. naval station at Guantanamo Bay, Cuba during the early twentieth century, its changing relationship to the community around it, and its heightened importance with the onset of military operations in Afghanistan and Iraq. It also explains in detail the legal status of the lease of the land on which the naval station stands, the statutory and treaty authorities granted to the President with regard to any potential closure o… more
Date: August 4, 2015
Creator: Elsea, Jennifer K. & Else, Daniel H.
Partner: UNT Libraries Government Documents Department
open access

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
open access

U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions

Description: This report addresses select legal questions raised by the use of military force against the Islamic State (IS). Questions addressed in this report include potential sources (and limitations) of presidential authority to use military force against the Islamic State without congressional authorization; the potential relevance of the 2002 Authorization for Use of Military Force Against Iraq (2002 Iraq AUMF; P.L. 107-243) and the 2001 Authorization for Use of Military Force (2001 AUMF; P.L.107-40)… more
Date: September 9, 2014
Creator: Garcia, Michael J. & Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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