WorldCat Identities

Garcia, Michael J. 1961-

Overview
Works: 35 works in 78 publications in 1 language and 1,731 library holdings
Genres: Field guides  Digests 
Roles: Author, Editor
Publication Timeline
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Most widely held works by Michael J Garcia
The U.N. Convention Against Torture : overview of U.S. implementation policy concerning the removal of aliens by Michael J Garcia( )

8 editions published between 2004 and 2009 in English and held by 98 WorldCat member libraries worldwide

The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdictions. For purposes of the Convention, torture is defined as an extreme form of cruel and inhuman punishment committed under the color of law. The Convention allows for no circumstances or emergencies where torture could be permitted. Additionally, CAT Article 3 requires that no state party expel, return, or extradite a person to another country where there are substantial grounds to believe he would be subjected to torture. CAT Article 3 does not expressly prohibit persons from being removed to countries where they would face cruel, inhuman, or degrading treatment not rising to the level of torture. The United States ratified CAT subject to certain declarations, reservations, and understandings, including that the Convention was not self-executing, and therefore required domestic implementing legislation to take effect. In accordance with CAT Article 3, the United States enacted statutes and regulations to prohibit the transfer of aliens to countries where they would be tortured, including the Foreign Affairs Reform and Restructuring Act of 1998, chapter 113C of the United States Criminal Code, and certain regulations implemented and enforced by the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Department of State. These authorities, which require the withholding or deferral of the removal of an alien to a country where he is more likely than not to be tortured, generally provide aliens already residing within the United States a greater degree of protection than aliens arriving to the United States who are deemed inadmissible on security- or terrorism-related grounds
The War Crimes Act: Current Issues by Michael J Garcia( )

10 editions published between 2006 and 2009 in English and held by 74 WorldCat member libraries worldwide

The War Crimes Act of 1996, as amended, makes it a criminal offense to commit certain violations of the law of war when such offenses are committed by or against U.S. nationals or Armed Service members. Among other things, the act prohibits certain violations of Common Article 3 of the 1949 Geneva Conventions, which sets out minimum standards for the treatment of detainees in armed conflicts "not of an international character (e.g., civil wars, rebellions, and other conflicts between State and non-State actors). Common Article 3 prohibits protected persons from being subjected to violence, outrages upon personal dignity, torture, and cruel, humiliating, or degrading treatment. In the 2006 case of Hamdan v. Rumsfeld, the Supreme Court rejected the Bush Administration's long-standing position that Common Article 3 was inapplicable to the present armed conflict with Al Qaeda. As a result, questions have arisen regarding the scope of the War Crimes Act as it relates to violations of Common Article 3 and the possibility that U.S. military and intelligence personnel may be prosecuted for the pre-Hamdan treatment of Al Qaeda detainees. As amended by the Military Commissions Act of 2006 (MCA, P.L. 109-366), the War Crimes Act now criminalizes only specified Common Article 3 violations labeled as "grave breaches." Previously, any violation of Common Article 3 constituted a criminal offense. Both the MCA and the Detainee Treatment Act of 2005 (DTA, P.L. 109-148, Title X) also afford U.S. personnel who engaged in the authorized interrogation of suspected terrorists with a statutory defense in any subsequent prosecution under the War Crimes Act or other criminal laws. These statutory protections, along with a number of other available defenses, appear to make it unlikely that U.S. personnel could be convicted under the War Crimes Act for any authorized conduct which was undertaken with the reasonable (though mistaken) belief that such conduct was legal
Immigration : selected opinions of Judge Samuel Alito by Michael J Garcia( )

1 edition published in 2006 in English and held by 69 WorldCat member libraries worldwide

This report discusses notable majority and dissenting opinions written by Judge Alito relating to immigration
9/11 Commission : legislative action concerning U.S. immigration law and policy in the 108th Congress by Michael J Garcia( )

1 edition published in 2004 in English and held by 69 WorldCat member libraries worldwide

"Reforming the enforcement of immigration law is a core component of the recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission). The 19 hijackers responsible for the 9/11 attacks were foreign nationals, many of whom were able to obtain visas to enter the United States through the use of forged documents. Incomplete intelligence and screening enabled many of the hijackers to enter the United States despite flaws in their entry documents or suspicions regarding their past associations. According to the Commission, up to 15 of the hijackers could have been intercepted or deported through more diligent enforcement of immigration laws"--Summary, page [ii]
Boumediene v. Bush: Guantanamo Detainees' Right to Habeas Corpus by Michael J Garcia( )

3 editions published in 2008 in English and held by 68 WorldCat member libraries worldwide

In the consolidated cases of Boumediene v. Bush and Al Odah v. United States, decided June 12, 2008, the Supreme Court held in a 5-4 opinion that aliens designated as enemy combatants and detained at the U.S. Naval Station in Guantanamo Bay, Cuba, have the constitutional privilege of habeas corpus. The Court also found that ss7 of the Military Commissions Act (MCA), which limited judicial review of executive determinations of the petitioners' enemy combatant status, did not provide an adequate habeas substitute and therefore acted as an unconstitutional suspension of the writ of habeas. The immediate impact of the Boumediene decision is that detainees at Guantanamo may petition a federal district court for habeas review of the circumstances of their detention. This report summarizes the Boumediene decision and analyzes several of its major implications for the U.S. detention of alien enemy combatants and legislation that limits detainees' access to judicial review
Border security : the San Diego fence by Blas Nunez-Neto( )

3 editions published in 2007 in English and held by 67 WorldCat member libraries worldwide

This report outlines the issues involved with DHS's construction of the San Diego border fence and highlights some of the major legislative and administrative developments regarding its completion
Immigration : terrorist grounds for exclusion of aliens by Michael John Garcia( )

1 edition published in 2005 in English and held by 66 WorldCat member libraries worldwide

In the years following the September 11, 2001 terrorist attacks, considerable concern has been raised because the 19 terrorists were aliens (i.e., noncitizens or foreign nationals) who apparently entered the United States on temporary visas despite provisions in immigration law that bar the admission of suspected terrorists. The report of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) contended that (t)here were opportunities for intelligence and law enforcement to exploit al Qaeda's travel vulnerabilities. The 9/11 Commission maintained that border security was not considered a national security matter prior to September 11, and as a result the consular and immigration officers were not treated as full partners in counterterrorism efforts. The 9/11 Commission's monograph, 9/11 and Terrorist Travel, underscored the importance of the border security functions of immigration law and policy. Several proposals in the 108th Congress to implement the recommendations of the 9/11 Commission had notable implications for U.S. counterterrorism efforts and border security. The most significant of these proposals were H.R. 10, the 9/11 Recommendations Implementation Act, as amended, introduced by the Speaker of the House of Representatives Dennis Hastert and passed by the House as S. 2845 on October 8, 2004, and S. 2845, the National Intelligence Reform Act of 2004, as amended, introduced by Senators Susan Collins and Joseph Lieberman and passed by the Senate on October 8, 2004. The conference report on S. 2845 passed the House on December 7 and the Senate on December 8, 2004. The Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458), a compromise bill signed on December 17, 2004 includes some but not all of the immigration provisions that were originally under consideration
Interrogation of detainees : overview of the McCain amendment by Michael J Garcia( )

1 edition published in 2006 in English and held by 66 WorldCat member libraries worldwide

"Recent controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT). Congress recently approved additional guidelines concerning the treatment of detainees
Cultural property : international conventions and United States legislation by Jennifer Elsea( )

1 edition published in 2004 in English and held by 64 WorldCat member libraries worldwide

Genocide : legal precedent surrounding the definition of the crime by Judith Derenzo( )

1 edition published in 2004 in English and held by 64 WorldCat member libraries worldwide

Guantanamo Detention Center: Legislative Activity in the 111th Congress by Michael J Garcia( )

2 editions published in 2010 in English and held by 63 WorldCat member libraries worldwide

This report analyzes relevant provisions in enacted legislation and selected pending bills relating to teh U.S. Naval Station in Guantanamo Bay, Cuba, a facility in which alleged enemy belligerents are detained
Biological and chemical weapons : criminal sanctions and federal regulations by Michael J Garcia( Book )

4 editions published in 2004 in English and held by 23 WorldCat member libraries worldwide

The Biological Weapons Convention and the Chemical Weapons Convention, both of which have been signed and ratified by the United States, obligate signatory parties to enact legislation or otherwise restrict the development, use, and acquisition of biological and chemical weapons within their territorial jurisdiction. In accordance with these obligations, the United States has enacted various federal requirements and criminal sanctions applying to biological and chemical weapons, Re cent anti4errorisrn legislation, such as the USA PATRIOT Act, amended many of these provisions, broadening the scope of criminal sanctions relating to the use of biological and chemical weapons and materials. Further, a number of miscellaneous statutory provisions dealing with terrorism and weapons of mass destruction also covers chemical and biological materials in the context of restrictions on specific types of actions. Additionally, the United States has adopted strict regulations and licensing procedures concerning the acquisition, handling, and transfer of biological agents
Immigration : analysis of the major provisions of H.R. 418, the REAL ID Act of 2005 by Michael John Garcia( Book )

6 editions published in 2005 in English and held by 9 WorldCat member libraries worldwide

During the 108th Congress, a number of proposals related to immigration and identification-document security were introduced, some of which were considered in the context of implementing recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) and enacted pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458). At the time that the Intelligence Reform and Terrorism Prevention Act was adopted, some congressional leaders reportedly agreed to revisit certain immigration and document-security issues in the 109th Congress that had been dropped from the final version of the act
Results of the 2001 Membership Opinion Survey( Book )

1 edition published in 2001 in English and held by 5 WorldCat member libraries worldwide

Congressional authority to limit U.S. military operations in Iraq by Jennifer Elsea( Book )

4 editions published in 2007 in English and held by 4 WorldCat member libraries worldwide

On October 16, 2002, President Bush signed the Authorization for Use of Military Force Against Iraq Resolution of 2002. Since the March 2003 invasion of Iraq, Congress has enacted appropriation bills to fund the continuation of the Iraq war, including military training, reconstruction, and other aid for the government of Iraq. In April, 2007, however, Congress passed a supplemental appropriations bill to fund the war that contained conditions and a deadline for ending some military operations. The President vetoed the bill, arguing in part that some of its provisions are unconstitutional. The current dispute is centered on whether Congress has the constitutional authority to legislate limits on the President's authority to conduct military operations in Iraq, even though it did not initially provide express limits. Specific issues include whether Congress may, through limitations on appropriations, set a ceiling on the number of soldiers or regulate which soldiers the President may assign to duty in Iraq, and whether an outright repeal or expiration of the authorization for use of military force (AUMF) against Iraq would have any effect
U.N. Convention Against Torture (CAT): Overview and Applications to Interrogation Techniques( )

3 editions published between 2006 and 2008 in English and held by 3 WorldCat member libraries worldwide

The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture. Unlike many other international agreements and declarations prohibiting torture, CAT provides a general definition of the term. CAT generally defines torture as the infliction of severe physical and/or mental suffering committed under the color of law. CAT allows for no circumstances or emergencies where torture could be permitted. The United States ratified CAT, subject to certain declarations, reservations, and understandings, including that the Convention was not self-executing and therefore required domestic implementing legislation to be enforced by U.S. courts. In order to ensure U.S. compliance with CAT obligations to criminalize all acts of torture, the United States enacted sections 2340 and 2340A of the United States Criminal Code, which prohibit torture occurring outside the United States. The applicability and scope of these statutes were the subject of widely-reported memorandums by the Department of Defense and Department of Justice in 2002. In late 2004, the Department of Justice released a memorandum superseding its earlier memo and modifying some of its conclusions. Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163) contain identical provisions that prohibit the 'cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.'
ICE : investigating homeland security crimes by Michael J Garcia( )

2 editions published in 2003 in English and held by 2 WorldCat member libraries worldwide

The National Defense Authorization Act for FY2012 and Beyond: Detainee Matters by Jennifer Elsea( Book )

2 editions published between 2013 and 2014 in English and held by 2 WorldCat member libraries worldwide

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 National Defense Authorization Act for FY2013, P.L. 112-239, as well as detainee provisions in the National Defense Authorization Act for FY2014 (H.R. 1960, S. 1197)
U.N. Convention Against Torture (CAT) : overview and application to interrogation techniques by Michael J Garcia( )

1 edition published in 2008 in English and held by 2 WorldCat member libraries worldwide

 
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Alternative Names
Michael J. Garcia Amerikaans advocaat

Michael J. Garcia avocat américain

Michael J. Garcia US-amerikanischer Jurist

مایکل جی. گارسیا

Languages
English (66)