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House Judiciary Committee to Mark Up H.R. 4170, the Disclosing Foreign Influence Act (open access)

House Judiciary Committee to Mark Up H.R. 4170, the Disclosing Foreign Influence Act

This report discusses the House Judiciary Committee's announcement that they would hold a full committee markup hearing on Wednesday, January 17 for H.R. 4170, the Disclosing Foreign Influence Act (DFIA).
Date: January 16, 2018
Creator: Brown, Cynthia
System: The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2) (open access)

Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2)

This report is part 1 of two of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees, Council 31."
Date: February 26, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 2) (open access)

Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 2)

This report is the part two of two of a report on the Office of the U.S. Trade Representative's (USTR) recently concluded its investigation under Section 301 of the Trade Act of 1974 (the "Section 301 Investigation") "to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce." This part of the report applies the general legal framework to this specific Section 301 Investigation, providing background on the investigation, describing the USTR's findings and the President's directives, and concluding by addressing what legal issues lie ahead.
Date: March 29, 2018
Creator: Lewis, Caitlin Devereaux
System: The UNT Digital Library
HPSCI Memorandum Sparks Debate Over FISA Application Requirements (open access)

HPSCI Memorandum Sparks Debate Over FISA Application Requirements

This report discusses the Foreign Intelligence Surveillance Act (FISA) and its authority to allow the government to undertake electronic surveillance programs of people suspected of engaging in foreign intelligence activity along with recent debate regarding the issue.
Date: February 14, 2018
Creator: Liu, Edward C.
System: The UNT Digital Library
Civil-Suit Provision in House-Passed Concealed Carry Reciprocity Bill (H.R. 38): Scope and Application (open access)

Civil-Suit Provision in House-Passed Concealed Carry Reciprocity Bill (H.R. 38): Scope and Application

This report discusses legal implications of the Concealed Carry Reciprocity Act of 2017 which was passed by the House in December 2017.
Date: February 21, 2018
Creator: Peck, Sarah Herman
System: The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1) (open access)

Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1)

This report is part 1 of two of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees, Council 31.
Date: February 26, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
Class Actions are Back at the Supreme Court: Statutory Time Limits and "Serial Relitigation" of Class Certification (open access)

Class Actions are Back at the Supreme Court: Statutory Time Limits and "Serial Relitigation" of Class Certification

This report discusses the the Supreme Court case of "China Agritech v. Rush" which concerns whether a plaintiff in a failed class action suit can sue again individually even if they would have normally been barred from doing so by the statute of limitations. The report explores the history behind the existing rules that apply with respect to statutes of limitations and class actions (the American Pipe rule), before discussing the specifics of China Agritech and the importance of the case for Congress.
Date: March 12, 2018
Creator: Freeman, Wilson C.
System: The UNT Digital Library
Tort and Litigation Reform  in the 115th Congress (open access)

Tort and Litigation Reform in the 115th Congress

This report discusses "tort reform" which refers to whether (and to what extent) legislatures should limit lawsuits concerning negligence, personal injury, medical malpractice, products liability, and other similar causes of action. The report surveys several major tort and litigation reform bills pending in the 115th Congress and discusses some of the legal issues raised by each bill.
Date: April 10, 2018
Creator: Lewis, Kevin M.
System: The UNT Digital Library
Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad? (open access)

Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad?

This report discusses the upcoming Supreme Court case of "United States vs. Microsoft" which concerns whether the government can compel Microsoft to provide them emails stored abroad. This report provides background on the case, including an overview of the Stored Communications Act (SCA), discusses the specific issues presented by the Microsoft case, and explores the case's implications for Congress.
Date: February 23, 2018
Creator: Smith, Austin D.
System: The UNT Digital Library
Where Can Corporations Be Sued for Patent Infringement? Part 1 (open access)

Where Can Corporations Be Sued for Patent Infringement? Part 1

This report is part one of two and discusses patent venue jurisprudence, including the "TC Heartland" opinion, and the impact of the decision on the patent litigation system generally.
Date: February 20, 2018
Creator: Yeh, Brian T.
System: The UNT Digital Library
Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims (open access)

Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims

This report discusses the potential Supreme Court case of "Merck v. Albrecht". The report concludes with an overview of the "Merck" petition, analyzing the key issues of interest for Congress that the petition raises.
Date: January 19, 2018
Creator: Armstrong, Kathryn B.
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
Clean Water Rule Challenge Must Begin in Federal District Courts, Supreme Court Holds (open access)

Clean Water Rule Challenge Must Begin in Federal District Courts, Supreme Court Holds

This report discusses the Supreme Court's ruling in the case of "National Association of Manufacturers (NAM) v. Department of Defense". The background of the case and implications of the ruling are discussed.
Date: January 31, 2018
Creator: Mulligan, Stephen P.
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
District Court Enjoins DACA Phase-Out: Explanation and Takeaways (open access)

District Court Enjoins DACA Phase-Out: Explanation and Takeaways

This report discusses the case of "Regents of University of California v. U.S. Department of Homeland Security" and the district court ruling which limits the DACA phase-out to aliens not yet enrolled in DACA.
Date: January 11, 2018
Creator: Garcia, Michael John
System: The UNT Digital Library
Where Can Corporations Be Sued for Patent Infringement? Part 2 (open access)

Where Can Corporations Be Sued for Patent Infringement? Part 2

This report is part two of two and discusses other implications of the "TC Heartland" decision, including two notable recent decisions in the Federal Circuit interpreting the decision, "In re Cray" and "In re Micron Technology, Inc.," as well as other potential issues raised by TC Heartland and options for Congress.
Date: February 20, 2018
Creator: Yeh, Brian T.
System: The UNT Digital Library
Supreme Court Interprets Dodd-Frank Whistleblower Protections: Implications for Securities Law and Beyond (open access)

Supreme Court Interprets Dodd-Frank Whistleblower Protections: Implications for Securities Law and Beyond

This report discusses the Supreme Court decision in the case of "Digital Realty Trust Inc. v. Somers" which addressed when retaliation protections for whistle-blowers apply under the Dodd-Frank Act. The court ruled that the protections only apply if the whistle-blower reports securities violations to the SEC and not if they only report the violations internally.
Date: March 8, 2018
Creator: Vanatko, Nicole
System: The UNT Digital Library
Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges (open access)

Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges

This report discusses the case of "Lucia v. Securities and Exchange Commission (SEC)" which is scheduled to be heard by the Supreme Court. The case addresses whether administrative law judges(ALJs) within the SEC are "Officers of the United States" (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution.
Date: January 16, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets (open access)

Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets

This report discusses criminal charges related to disclosing the identities of undercover intelligence agents and covert assets.
Date: February 6, 2018
Creator: Elsea, Jennifer K.
System: The UNT Digital Library
Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto? (open access)

Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto?

This report discusses whether Congress could grant the President a line-item veto. The report provides an overview of the Supreme Court's decision in "Clinton v. City of New York" in 1998 and examines what (if any) possibility exists for a constitutional, line-item veto authority for the President.
Date: March 27, 2018
Creator: Nolan, Andrew; Garvey, Todd & Liu, Edward C.
System: The UNT Digital Library
The President's Authority to the National Guard or the Armed Forces to Secure the Border (open access)

The President's Authority to the National Guard or the Armed Forces to Secure the Border

This report discusses the President's legal authority to send the National Guard or regular military forces to secure the U.S. border with Mexico and examines the statutes and precedent related to such uses of Presidential authority.
Date: April 19, 2018
Creator: Elsea, Jennifer K.
System: The UNT Digital Library
Law Enforcement Access to Overseas Data Under the CLOUD Act (open access)

Law Enforcement Access to Overseas Data Under the CLOUD Act

This report discusses the CLOUD Act recently passed by Congress which gives the U.S. government's the ability to force companies to disclose information stored on overseas servers that is covered under a warrant and updates the reciprocal agreements with other countries accessing data as a part of criminal investigations that is held in the United States. Legal commentary on the law is provided.
Date: May 2, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
Murderous Schemes are not Violent Crimes? (open access)

Murderous Schemes are not Violent Crimes?

This report discusses the U.S. Court of Appeals for the Fourth Circuit's decision in the case of "U.S. v. McCollum" which stated that conspiracy to murder was not a violent crime for federal sentencing purposes and discusses the background of the case and the prior case law which led to the decision.
Date: April 17, 2018
Creator: Doyle, Charles
System: The UNT Digital Library
The Constitutionality of Censuring the President (open access)

The Constitutionality of Censuring the President

This report discusses whether Congressional censure of the President is constitutional and provides examples of past Congressional censures of presidents.
Date: March 12, 2018
Creator: Garvey, Todd
System: The UNT Digital Library