Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis (open access)

Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis

This report discusses Temporary Protected Status (TPS) designations and answers questions regarding the recent termination of TPS for those from El Salvador, Nicaragua, Haiti, and Sudan.
Date: February 2, 2018
Creator: Smith, Hillel R.
System: The UNT Digital Library
Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity (open access)

Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity

This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
Date: January 24, 2018
Creator: Doyle, Charles
System: The UNT Digital Library
D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 1 (open access)

D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 1

This report discusses the decision of the D.C. Circuit Appeals Court which upheld the structural design of the Consumer Financial Protection Bureau (CFPB). This report begins with a brief summary of the Supreme Court's views of the President's removal power before addressing the PHH litigation and the en banc majority opinion. Part II of this series will address some of the separate opinions issued in the case and then highlight certain implications for Congress.
Date: February 12, 2018
Creator: Garvey, Todd & Cole, Jared P.
System: The UNT Digital Library
Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 1) (open access)

Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 1)

This report discusses the Office of the U.S. Trade Representative's (USTR) recent investigation under Section 301 of the Trade Act of 1974 to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation were unreasonable or discriminatory and burdening or restricting U.S. commerce and President Trumps's memorandum in response.
Date: March 29, 2018
Creator: Lewis, Caitlin Devereaux
System: The UNT Digital Library
Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims (open access)

Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims

This report discusses the Supreme Court's decision to decline to review the case of "Perry Capital LLC. v. Murchin" which denied the claims of Fannie Mae and Freddie Mac shareholders against the federal government. It also discusses some of the plaintiffs desire to seek legislative reform from Congress to change the law governing profit transfers from Fannie Mae and Freddie Mac.
Date: March 16, 2018
Creator: Carpenter, David H.
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
Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt (open access)

Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt

This report discusses the case of Baker v. Spath, in which Brigadier General (Gen.) John G. Baker, Chief Defense Counsel of the Military Commission System, prevailed in his habeas case against a military commission judge who sentenced him to 21 days' confinement and fined him $1,000 for contempt.
Date: July 18, 2018
Creator: Elsea, Jennifer K.
System: The UNT Digital Library
Who Interprets Foreign Law in U.S. Federal Courts? (open access)

Who Interprets Foreign Law in U.S. Federal Courts?

This report discusses the interpretation of foreign law, from routine breach of contract and tort claims to complex cases implicating the judicial branch's role in international affairs. In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., the Supreme Court announced the standard of deference for U.S. federal courts to apply when considering a foreign government's interpretation of its own law.
Date: July 9, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
President Trump Nominates Judge Brett Kavanaugh: Initial Observations (open access)

President Trump Nominates Judge Brett Kavanaugh: Initial Observations

This report discusses the nomination of Judge Brett Kavanaugh to the Supreme Court and what his confirmation to the Court would mean. The report includes seven noteworthy opinions written by Judge Kavanaugh while serving on the D.C. Circuit Court.
Date: July 10, 2018
Creator: Nolan, Andrew
System: The UNT Digital Library
Supreme Court Nomination: CRS Products (open access)

Supreme Court Nomination: CRS Products

This report lists key Congressional Research Service (CRS) products on the judicial decisions of Justice Kennedy and Judge Kavanaugh, as well as information on Supreme Court vacancies and nominations.
Date: July 12, 2018
Creator: Nolan, Andrew
System: The UNT Digital Library
UPDATE: Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I) (open access)

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 (open access)

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
Questions Remain, Litigation Continues, over Military Service by Transgender Individuals (open access)

Questions Remain, Litigation Continues, over Military Service by Transgender Individuals

This report discusses the controversy regarding transgender individuals serving in the military, President Trump's memorandums on the subject, and the four lawsuits challenging the President's memorandums.
Date: July 5, 2018
Creator: Back, Christine J.
System: The UNT Digital Library
The Equal Rights Amendment: Close to Adoption? (open access)

The Equal Rights Amendment: Close to Adoption?

This report discusses the Equal Rights Amendment (ERA), which was first presented to the states in 1972 and has been ratified by 37 states, most recently by Illinois in May 2018.
Date: July 2, 2018
Creator: Shimabukuro, Jon O.
System: The UNT Digital Library
Mutual Legal Assistance Treaty with the Russian Federation: A Sketch (open access)

Mutual Legal Assistance Treaty with the Russian Federation: A Sketch

This report provides an overview of mutual legal assistance treaties (MLATs) in general and a sketch of the terms of the U.S.-Russia MLAT in particular.
Date: July 24, 2018
Creator: Elsea, Jennifer K.
System: The UNT Digital Library
Media Consolidation: United States v. AT&T and Implications for Future Transactions (open access)

Media Consolidation: United States v. AT&T and Implications for Future Transactions

This report discusses the proposed merger of AT&T, Inc. (AT&T) with Time Warner Inc. (Time Warner), after one of the most closely watched antitrust trials in recent memory. This report first outlines current Section 7 doctrine and then discusses the particularities of the government's case against AT&T and Time Warner and the court's decision to allow the transaction to proceed. Finally, it analyzes the decision's implications for the media industry and future antitrust cases, and identify potential considerations for Congress.
Date: July 16, 2018
Creator: Ruane, Kathleen Ann
System: The UNT Digital Library
Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now (open access)

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 (open access)

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 (open access)

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? (open access)

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? (open access)

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
Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo (open access)

Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo

This report discusses the Supreme Court's ruling in the case of Gill v. Whitford. On June 18, 2018 the Supreme Court ruled that in order to establish standing to sue upon a claim of unconstitutional partisan gerrymandering on the basis of vote dilution, challengers must allege injuries to their interests as voters in individual districts. Topics discussed include Supreme Court precedent, case background, and implications for the future.
Date: July 2, 2018
Creator: Whitaker, L. Paige
System: The UNT Digital Library
Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia (open access)

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
EPA Proposes New Permitting Test for Power Plant Modifications (open access)

EPA Proposes New Permitting Test for Power Plant Modifications

This report discusses the EPA's proposed Affordable Clean Energy (ACE) Rule to address greenhouse gas (GHG) emissions from existing coal-fired power plants. As part of the ACE Rule, EPA proposed a new test for determining whether New Source Review (NSR) would apply to a modification of an existing power plant.
Date: September 25, 2018
Creator: Tsang, Linda
System: The UNT Digital Library