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3D-Printed Guns: An Overview of Recent Legal Developments (open access)

3D-Printed Guns: An Overview of Recent Legal Developments

This report addresses the various legal questions that have arisen in recent litigation over 3D-printed guns by providing an overview of the issues and developments that have culminated in the injunction.
Date: September 11, 2018
Creator: Foster, Michael A.
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
Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4822. (open access)

Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4822.

This report discusses the Congressional Accountability Act of 1995 (CAA) and proposed reforms to how it handles harassment claims through the bill H.R. 4822. The report highlights and considers some of the major differences between the current process provided under the CAA and the process that would exist if H.R. 4822 were enacted, as well as other changes proposed by the bill that could affect both legislative branch employees and Members of Congress.
Date: January 29, 2018
Creator: Back, Christine J. & Freeman, Wilson C.
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
Affordable Care Act Executive Order: Legal Considerations (open access)

Affordable Care Act Executive Order: Legal Considerations

This report discusses President Trump's executive order (EO) regarding the Affordable Care Act (ACA) and answers questions regarding the authority and discretion agencies currently have to implement the ACA, and the procedures that may be required in the exercise of those authorities. Also addressed are ways the policy enunciated in the EO may translate into action by the Trump Administration in the context of pending lawsuits challenging the ACA.
Date: January 24, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains (open access)

Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains

This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.
Date: January 5, 2017
Creator: Library of Congress. Congressional Research Service.
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
Anti-Terrorist/Anti-Money Laundering Information-Sharing by Financial Institutions under FINCEN's Regulations (open access)

Anti-Terrorist/Anti-Money Laundering Information-Sharing by Financial Institutions under FINCEN's Regulations

This report discusses Information-sharing programs developed by Treasury's Financial Crimes Enforcement Network (FINCEN) designed to aid law enforcement investigation and prosecution of money laundering and terrorist financing.
Date: December 10, 2014
Creator: unknown
System: The UNT Digital Library
The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases (open access)

The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases

This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in opinion among courts.
Date: December 18, 2017
Creator: Smith, Hillel R.
System: The UNT Digital Library
Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence (open access)

Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence

This report examines asylum claims with specific focus on gang and domestic violence. It provides background on the topic and also outlines the U.S. Attorney General's decision in "Matter of A-B-," as well as recent guidance from the U.S. Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS) in light of that ruling.
Date: October 25, 2018
Creator: Smith, Hillel R.
System: The UNT Digital Library
ATF's Ability to Regulate "Bump Stocks" (open access)

ATF's Ability to Regulate "Bump Stocks"

This report discusses whether ATF has the right to regulate "bump stocks" for rifles which allow rifles to mimic the actions of an automatic weapon and recent proposed regulatory action by ATF.
Date: March 22, 2018
Creator: Peck, Sarah Herman
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
Bankruptcy for Marijuana Businesses? (open access)

Bankruptcy for Marijuana Businesses?

This legal sidebar discusses recent bankruptcy court cases that suggest that one such risk may be the ultimate unavailability to both debtors and creditors of the protections, benefits, and predictability of the U.S. Bankruptcy Code when state-regulated marijuana businesses fail.
Date: October 29, 2014
Creator: unknown
System: The UNT Digital Library
Big Deal? U.S. Changes Stance on Cruelty Prohibition (open access)

Big Deal? U.S. Changes Stance on Cruelty Prohibition

This legal sidebar outlines a change in the U.S. interpretation regarding aspects of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); these comments were presented as part of the U.S. periodic report to the U.N. Committee Against Torture.
Date: December 16, 2014
Creator: unknown
System: The UNT Digital Library
A Brief History of Attorney General Recusal (open access)

A Brief History of Attorney General Recusal

This report lists the fifteen previous instances of U.S. Attorney General's recusing themselves from an investigation since 1989 after the announcement by U.S. Attorney General Jeff Sessions that he was recusing himself from and any investigations regarding President Donald Trump's presidential campaign.
Date: March 8, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It? (open access)

Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?

This report is the third in a series discussing the potential impact of the Federal Communications Commission's proposal to reclassify broadband Internet access services (BIAS). This report focuses on the proposal's possible effect on the regulation of BIAS providers' privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Broadband Data Privacy and Security: What's Net Neutrality Got To Do With It? (open access)

Broadband Data Privacy and Security: What's Net Neutrality Got To Do With It?

This report is the third in a series discussing the potential impact of the Federal Communication Commission's proposal to reclassify broadband internet access services (BIAS). This report focuses on the regulations of BIAS provider's privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
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
D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 2 (open access)

D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 2

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 is Part II of a two part series and 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
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
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
Can Agencies Take Actions That They Are Not Expressly Authorized by Statute to Take? (open access)

Can Agencies Take Actions That They Are Not Expressly Authorized by Statute to Take?

This legal sidebar on statutory interpretation addresses the question of whether executive branch agencies are barred from taking actions that Congress has not specifically authorized them to take.
Date: March 22, 2016
Creator: unknown
System: The UNT Digital Library
Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority (open access)

Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority

This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Date: April 3, 2018
Creator: Smith, Hillel R.
System: The UNT Digital Library
Can Congress Limit the President's Power to Launch Nuclear Weapons? (open access)

Can Congress Limit the President's Power to Launch Nuclear Weapons?

This report discusses whether Congress has the power to implement legislation restricting the President from using nuclear weapons under the separation of powers principle.
Date: November 9, 2017
Creator: Mulligan, Stephen P.
System: The UNT Digital Library