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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
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
UPDATE: Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I)
This report discusses the decision of the Supreme Court in the case of "Janus v. American Federation of State, County, and Municipal Employees Council." In a 5-4 decision, the Court held that public-sector agency fee arrangements violate the First Amendment, overruling its 1977 decision in Abood v. Detroit Board of Education.
Date:
June 27, 2018
Creator:
Killion, Victoria L.
System:
The UNT Digital Library
Justice Kennedy Retires: Initial Considerations for Congress
This report discusses the retirement of Justice Anthony Kennedy from the Supreme Court. In so doing, this post provides a broad overview of key legal issues Congress (and, more specifically the Senate, through its advice and consent role) may wish to consider as it reflects on Justice Kennedy's jurisprudence and how his eventual successor might shape the future of the Court, Congress, and the nation as a whole.
Date:
June 28, 2018
Creator:
Nolan, Andrew & Garcia, Michael John
System:
The UNT Digital Library
Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now
This report discusses the case of Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS). The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting "John Doe" from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant.
Date:
June 20, 2018
Creator:
Elsea, Jennifer K.
System:
The UNT Digital Library
UPDATE: Supreme Court Takes Fourth Amendment Case about Cell Phone Location Data
This report provides an update to a June 2017 report on the Carpenter v. United States case on government collection of cell phone location information. On June 22, 2018, the Supreme Court held in a 5-to-4 decision in Carpenter v. United States that government acquisition of historical cell site location information (CSLI) constitutes a Fourth Amendment search. The Court further held that the government needs a warrant supported by probable cause.
Date:
June 26, 2018
Creator:
Harrington, Ben
System:
The UNT Digital Library
UPDATE: Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis
This report is an update to a February 2, 2018 report discussing Temporary Protected Status (TPS) designations and answering questions regarding the recent termination of TPS for El Salvador, Nicaragua, Haiti, and Sudan. The update discusses the termination of TPS for Nepal and Honduras.
Date:
June 8, 2018
Creator:
Smith, Hillel R.
System:
The UNT Digital Library
Organizing Executive Branch Agencies: Who Makes the Call?
This report lays out the applicable legal considerations relevant to analyzing potential executive branch agency reorganizations that have been proposed by the Trump Administration.
Date:
June 27, 2018
Creator:
Cole, Jared P.
System:
The UNT Digital Library
When Can You Be Convicted of a Crime That Is Not a Crime?
This report discusses the case United States v. Melgar-Cabrera. A panel of the United States Court of Appeals for the Tenth Circuit (Tenth Circuit) recently upheld the murder conviction of the defendant who the court conceded had been "convicted of a crime that is not a crime."
Date:
June 29, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia
This report discusses the Collins decision and its potential implications for Fourth Amendment law. Facing a clash between two well-established Fourth Amendment doctrines--the primacy of the home in Fourth Amendment case law versus the "automobile exception" to the Amendment's warrant requirement--the Supreme Court in Collins v. Virginia ultimately came down on the side of protecting privacy within the home and its adjoining property.
Date:
June 26, 2018
Creator:
Hanna, Jillian C.
System:
The UNT Digital Library