Can the President Pardon Contempt of Court? Probably Yes. (open access)

Can the President Pardon Contempt of Court? Probably Yes.

This report provides a brief background of contempt of court, explores the various arguments regarding whether a pardon can relieve an individual of criminal liability for contempt, and discusses potential congressional responses to the perceived abuse of the pardon power.
Date: August 10, 2018
Creator: Thompson, Richard M., II
System: The UNT Digital Library
IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information (open access)

IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information

This report will first provide background on the statute and regulations regarding tax-exempt organizations' (EOs') disclosure of contributor information. Next, the report will discuss the justifications of and reactions to the new policy, including the views of proponents and opponents of the new policy. The report will then discuss the litigation Montana has filed against the policy. Finally, the report will provide considerations for Congress.
Date: August 14, 2018
Creator: Carpenter, David H.
System: The UNT Digital Library
Advising the President: Rules Governing Access and Accountability of Presidential Advisors (open access)

Advising the President: Rules Governing Access and Accountability of Presidential Advisors

This Sidebar examines three categories of Presidential advisors and the related ethics requirements and limitations that apply to their respective roles: employees who serve full-time, regular appointments; outside advisors who are formally appointed to temporary roles; and informal, personal advisors with whom the President consults.
Date: August 6, 2018
Creator: Brown, Cynthia
System: The UNT Digital Library
Calling Balls and Strikes: Ethics and Supreme Court Justices (open access)

Calling Balls and Strikes: Ethics and Supreme Court Justices

This report examines questions related to the integrity and independence of the Supreme Court, and Congress's potential role in regulating the ethics of the Supreme Court Justices. For example: What mechanisms ensure the integrity of Justices as federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be enforced?
Date: August 20, 2018
Creator: Brown, Cynthia
System: The UNT Digital Library
Supreme Court Nomination: CRS Products (open access)

Supreme Court Nomination: CRS Products

This document provides a list of all the Congressional Research Service reports describing the judicial decisions of Justice Kennedy and Judge Kavanaugh, as well as Supreme Court vacancies and nominations.
Date: August 24, 2018
Creator: Nolan, Andrew
System: The UNT Digital Library
When Does Double Prosecution Count as Double Jeopardy? (open access)

When Does Double Prosecution Count as Double Jeopardy?

This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
Date: August 16, 2018
Creator: Hsin, JD S.
System: The UNT Digital Library
Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change (open access)

Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change

This report provides an overview of criminal sentencing law by briefly describing the use of relevant conduct under the Guidelines and tracing the Supreme Court case law that has informed the practice, before addressing judicial commentary and recently proposed legislation regarding the use of acquitted or uncharged conduct at sentencing.
Date: August 24, 2018
Creator: Foster, Michael A.
System: The UNT Digital Library
Oops: When Does a Plain Error in Calculating a Defendant's Sentencing Guidelines Range Warrant Resentencing? (open access)

Oops: When Does a Plain Error in Calculating a Defendant's Sentencing Guidelines Range Warrant Resentencing?

This report discusses the Supreme Court opinion that an appellate court should exercise its discretion to correct an unpreserved error "if the error seriously affects the fairness, integrity or public reputation of judicial proceedings."
Date: August 8, 2018
Creator: Peck, Sarah Herman
System: The UNT Digital Library
The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute (open access)

The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute

This legal sidebar examines cases involving the revocation of the Washington Redskins' federally-registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band's name (In re Tam). These cases raise questions about the constitutionality of Section 2(a) of the Trademark Act of 1946 (conventionally known as the Lanham Act), which denies trademark registration to certain offensive content.
Date: August 8, 2016
Creator: unknown
System: The UNT Digital Library
Legislative Proposals Seek Statutory Protections Related to Removing a Special Counsel (open access)

Legislative Proposals Seek Statutory Protections Related to Removing a Special Counsel

This report discusses the current rules for special counsels investigating executive branch officials and new proposed laws regarding special counsels and the process required to remove one from their position.
Date: August 22, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Presidential Pardons: Frequently Asked Questions (FAQs) (open access)

Presidential Pardons: Frequently Asked Questions (FAQs)

This report provides a general overview of the pardon power and briefly addresses a few frequently-asked legal questions concerning its scope and application, such as: whether the President can issue a "prospective pardon, pardon himself or issue "secret" pardons, whether the acceptance of a pardon is an admission of guilt, and whether Congress can regulate the President's pardon power.
Date: August 28, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
How Can the Results of a Presidential Election Be Contested? (open access)

How Can the Results of a Presidential Election Be Contested?

This report discusses methods of contesting presidential election results on the basis of miscounts or fraud.
Date: August 26, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
For First Time, FinCEN Imposes Penalty on Foreign-Based Virtual Currency Exchange for Violations of Anti-Money Laundering Laws (open access)

For First Time, FinCEN Imposes Penalty on Foreign-Based Virtual Currency Exchange for Violations of Anti-Money Laundering Laws

This report discusses the first case of enforcement by the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) against a foreign-based virtual currency exchange. The action was taken agains BTC-e for violations of anti-money laundering regulations in the U.S. and potential money laundering activities.
Date: August 17, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Foreign Money and U.S. Elections (open access)

Foreign Money and U.S. Elections

This report provides an overview of the prohibitions on foreign money under federal campaign finance law.
Date: August 17, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
DOJ Brings Forfeiture Action to Seize and Return $1 Billion Embezzled Malaysian Government Assets (open access)

DOJ Brings Forfeiture Action to Seize and Return $1 Billion Embezzled Malaysian Government Assets

This report discuses the Department of Justice's (DOJ's) civil forfeiture action against $1 billion worth of assets bought with money embezzled from the government of Malaysia by high-level officials in Malaysia from 2009 to 2015.
Date: August 15, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
The Federal Anti-Nepotism Statute: Limits on Appointing, Hiring, and Promoting Relatives (open access)

The Federal Anti-Nepotism Statute: Limits on Appointing, Hiring, and Promoting Relatives

This report discusses laws governing the hiring of family members in the executive branch and ant-nepotism efforts.
Date: August 9, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Dude, Where's My Jurisdiction? Congressional Efforts to Strip Federal Courts of Jurisdiction (open access)

Dude, Where's My Jurisdiction? Congressional Efforts to Strip Federal Courts of Jurisdiction

This report discusses Congress' right to strip federal courts of jurisdiction at any time including during litigation. It specifically discusses the case of "Patchak v. Jewell" concerning the Department of Interior's right to hold land in trust for a Native American tribe which led to Congress using their right to strip courts of jurisdiction to end the case.
Date: August 17, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution (open access)

Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution

This report discusses the announcement that the Charlottesville, Virginia car crash attack is being investigated as a federal civil rights case. It also outlines the sections of the federal law under which the attack could be classified.
Date: August 15, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Congressional Health Coverage: Is the Government Contribution in Limbo? (open access)

Congressional Health Coverage: Is the Government Contribution in Limbo?

This report first provides an overview of the statutory framework governing congressional health coverage and the current Office of Personnel Management (OPM) rule, and then addresses certain legal considerations that may come into play should the Trump Administration take action to modify this existing rule.
Date: August 24, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Legal Status of CEQ's Final Guidance on Climate Change in Environmental Reviews under NEPA (open access)

Legal Status of CEQ's Final Guidance on Climate Change in Environmental Reviews under NEPA

This report discusses the Council on Environmental Quality's (CEQ) guidance document for federal agencies on reducing greenhouse gas emissions and considering the effects an action may have on climate change.
Date: August 17, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
DC Circuit Holds An Agency Official's Private Email Account Not Beyond the Reach of FOIA (open access)

DC Circuit Holds An Agency Official's Private Email Account Not Beyond the Reach of FOIA

This report discusses the D.C. Circuit Court of Appeals decision in "Competitive Enterprise Institute v. Office of Science and Technology Policy" stating that emails pertaining to work in personal email accounts are accessible under Freedom of Information Act (FOIA) requests.
Date: August 9, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Abortion, Justice Kennedy, and Judge Kavanaugh (open access)

Abortion, Justice Kennedy, and Judge Kavanaugh

This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, it examines Judge Kavanaugh's only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Garza v. Hargan. Finally, as lower courts continue to apply the undue burden standard to new abortion regulations, the report concludes by noting some of the abortion cases that the Supreme Court could possibly review in the near future.
Date: August 8, 2018
Creator: Shimabukuro, Jon O.
System: The UNT Digital Library