Overview of "Travel Ban" Litigation and Recent Developments (open access)

Overview of "Travel Ban" Litigation and Recent Developments

This report provides an overview of the series of executive actions (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to as the "Travel Ban," which restrict the entry of specified categories of non-U.S. nationals (aliens) into the United States, and the litigation related to those executive actions. It also addresses a fourth and more recent executive action--an executive order issued on October 24, 2017--which announced the general resumption of refugee admissions into the United States (subject to certain restrictions) following the expiration of a temporary suspension on such admissions.
Date: January 18, 2018
Creator: Smith, Hillel R. & Harrington, Ben
System: The UNT Digital Library
Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches (open access)

Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches

This report is an update of an earlier report regarding Title VII of the Foreign Intelligence Surveillance Act (FISA) and its expiration on January 19, 2018, along with proposed reforms to the FISA process.
Date: January 8, 2018
Creator: Liu, Edward C.
System: The UNT Digital Library
Update: Who's the Boss at the CFPB (open access)

Update: Who's the Boss at the CFPB

This report is an update regarding the acting director of the Consumer Financial Protection Bureau, as there were two indivuduals who claimed the right to the job. The Trump Administration appointed acting director, Mick Mulvaney, was confirmed in his position after a lawsuit filed by the previous acting director, Leandra English, was denied by the DC courts.
Date: January 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
System: The UNT Digital Library
EPA Proposes to Repeal the Clean Power Plan (open access)

EPA Proposes to Repeal the Clean Power Plan

This report is an update of an earlier report regarding the EPA's (Environmental Protection Ageny's) proposed repeal of the Clean Power Plan, which was intended to reduce greenhouse gas emissions. On Dec. 28, 2017 the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) seeking input on creating a new replacement regulation for the previous Clean Power Plan.
Date: January 4, 2018
Creator: Tsang, Linda
System: The UNT Digital Library
Attorney General's Memorandum on Federal Marijuana Enforcement: Possible Impacts (open access)

Attorney General's Memorandum on Federal Marijuana Enforcement: Possible Impacts

This report discusses Attorney General Jeff Sessions' memorandum on federal marijuana enforcement policy sent to all U.S. Attorneys that immediately rescinds guidance documents specific to marijuana enforcement. It provides background on the memorandum, the relevant regulations, and implications of withdrawing previous guidance.
Date: January 10, 2018
Creator: Garvey, Todd & Yeh, Brian T.
System: The UNT Digital Library
Facing the FAST Act: Abortion and Free Speech (Part 2) (open access)

Facing the FAST Act: Abortion and Free Speech (Part 2)

Second part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report discusses the potential implications of any Supreme Court decision in "NIFLA" for First Amendment jurisprudence and legislatures seeking to regulate in this area.
Date: January 10, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
Supreme Court to Hear Voter Roll Case: What are the Implications? (open access)

Supreme Court to Hear Voter Roll Case: What are the Implications?

This report discusses the Supreme Court case of "Husted v. Phillip Randolph Institute," which charges the state of Ohio with violating the National Voter Registration Act (NVRA) through their secondary voter registration maintenance program which removes people from the voter rolls due to inactivity. It discusses a brief history of the case before its coming to the Supreme Court and possible implications of the decision.
Date: January 9, 2018
Creator: Whitaker, L. Paige
System: The UNT Digital Library
Smart Toys and the Children's Online Privacy Protection Act of 1998 (open access)

Smart Toys and the Children's Online Privacy Protection Act of 1998

This report discusses "smart toys" for children that use the internet to interact with the user. It outlines various security concerns regarding the collection and use of information about children, and whether these toys are governed by the Children's Online Privacy Protection Act of 1998.
Date: January 8, 2018
Creator: Stevens, Gina
System: The UNT Digital Library
Facing the FAST Act: Abortion and Free Speech (Part 1) (open access)

Facing the FAST Act: Abortion and Free Speech (Part 1)

First part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report provides an overview of the challenged law, followed by an analysis of how the Supreme Court might categorize the speech at issue.
Date: January 10, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border (open access)

An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border

This report discusses U.S. immigration law as it relates to the Trump Administration's zero tolerance policy to criminally prosecute migrants who unlawfully enter the United States at the southern border; a policy which has led to the separation of children from parents awaiting prosecution for unlawful entry.
Date: June 25, 2018
Creator: Smith, Hillel R.
System: The UNT Digital Library
The Rise and Decline of the Alien Tort Statute (open access)

The Rise and Decline of the Alien Tort Statute

This report explains the original purpose of the Alien Tort Statute (ATS), restrictions placed on the ATS by the Supreme Court, the effect of the recent case Jesner v. Arab Bank, PLC, and the response from Congress.
Date: June 6, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
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
Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus (open access)

Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus

This report discusses the Supreme Court case Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME). In a 5-4 decision, the Court held that "agency fee" arrangements between a union and a government employer necessarily violate the First Amendment, overruling its 1977 decision in Abood v. Detroit Board of Education.
Date: July 20, 2018
Creator: Killion, Victoria L.
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
The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read? (open access)

The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read?

This report highlights many of Judge Brett M. Kavanaugh's judicial opinions that have received the greatest degree of attention from legal observers. Judge Kavanaugh, whom President Trump has nominated to fill the impending Supreme Court vacancy caused by Justice Anthony M. Kennedy's retirement from the Court, has amassed a voluminous record of judicial writings during his legal career. These writings are certain to be a key topic of interest as the Senate prepares to hold hearings and a possible vote on Judge Kavanaugh's nomination to the High Court.
Date: July 25, 2018
Creator: Garcia, Michael John
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
Family Separation at the Border and the Ms. L. Litigation (open access)

Family Separation at the Border and the Ms. L. Litigation

This report explores the underlying policies resulting in family separation, the due process issues arguably implicated by these policies, and the political and judicial processes invoked to tackle the issue of family separation.
Date: July 31, 2018
Creator: Peck, Sarah Herman
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
Only Minimal Impact on Commerce Needed for Attempted Bombing (open access)

Only Minimal Impact on Commerce Needed for Attempted Bombing

This report discusses the decision of the United States Court of Appeals for the Eleventh Circuit in the United States v. Suarez case, that a minimal impact on commerce is sufficient to satisfy the jurisdictional requirement of the federal weapons of mass destruction statute. This decision seems to reflect a growing willingness of federal appellate courts to read broadly Congress's Commerce Clause powers.
Date: July 26, 2018
Creator: Doyle, Charles
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
EPA Proposes the Affordable Clean Energy Rule to Replace the Clean Power Plan (open access)

EPA Proposes the Affordable Clean Energy Rule to Replace the Clean Power Plan

This report explores the legal basis for the proposed Affordable Clean Energy (ACE) Rule and discusses the U.S. Environmental Protection Agency's (EPA's) authority to consider various emission reduction options for existing power plants under the Clean Air Act (CAA).
Date: September 26, 2018
Creator: Tsang, Linda
System: The UNT Digital Library
Can a Foreign Employee of a Foreign Company be Federally Prosecuted for Foreign Bribery? (open access)

Can a Foreign Employee of a Foreign Company be Federally Prosecuted for Foreign Bribery?

This report discusses whether foreign nationals and companies may be federally prosecuted for Foreign Corrupt Practices Act (FCPA) violations under conspiracy and accomplice liability theories.
Date: September 19, 2018
Creator: Brinson, Christopher B.
System: The UNT Digital Library
The United States and the "World Court" (open access)

The United States and the "World Court"

This report reviews the most recent International Court of Justice (ICJ) proceedings against the United States by Iran and the Palestine Liberation Organization (PLO) and the implications for Congress of the Trump Administration's withdrawal decision.
Date: October 17, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
What Legal Obligations do Internet Companies Have to Prevent and Respond to a Data Breach? (open access)

What Legal Obligations do Internet Companies Have to Prevent and Respond to a Data Breach?

This report discusses obligations of Internet companies under both federal and state law. It also discusses several factors Congress might consider when weighing future legislation.
Date: October 25, 2018
Creator: Linebaugh, Chris D.
System: The UNT Digital Library