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Out of Office: Vacancies, Acting Officers, and Day 301
This report discusses the provisions of the Vacancies Act and the upcoming expiration of the time limit for temporary staff to to perform the duties of advice and consent staff positions that are still unfilled. Legal effects of letting the Vacancies Act take effect are also discussed.
Date:
November 1, 2017
Creator:
Brannon, Valerie C.
System:
The UNT Digital Library
Who's the Boss at the CFPB?
This report discusses an ongoing dispute over who the new acting director of the Consumer Financial Protection Bureau (CFPB) is following the resignation of the past director on Nov. 24., 2017. President Trump appointed Mick Mulvaney as the acting director, but the past director had already appointed Leandra English who has filed a lawsuit and asked for a temporary restraining order preventing Mulvaney from performing the duties of director. This report outlines the merits of the case and the President's power to fill vacancies under the Vacancies Act.
Date:
November 28, 2017
Creator:
Brannon, Valerie C. & Cole, Jared P.
System:
The UNT Digital Library
Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank
This report discusses the Treasury Department's Financial Crimes Enforcement Network (FinCEN) proposal to invoke the "Fifth Special Measure" on the Chinese Bank of Dandong for its alleged role in funding and and processing transactions for North Korea's weapons programs.
Date:
October 30, 2017
Creator:
Carpenter, David H.
System:
The UNT Digital Library
Federal Procurement Law and Natural Disasters
This report discusses the federal procurement laws regarding federal agencies hiring contractors for disaster recovery work and the encouragement to use local contractors for the work to help the local economy recover.
Date:
December 14, 2017
Creator:
Carpenter, David H. & Lunder, Ericka K.
System:
The UNT Digital Library
Fibbing to Get a Lawyer: Circuits Split on Punishment
This report discusses differing views held by U.S. appellate courts regarding whether lying about one's assets to pre-trial service personnel in order to get a court-appointed lawyer can be used as a justification to increase the sentence of the offender.
Date:
November 27, 2017
Creator:
Doyle, Charles
System:
The UNT Digital Library
Killing Endangered Species: What's Reasonable Self-Defense?
This report discusses the case of "United States v. Wallen" in the United States Court of Appeals for the Ninth Circuit; it concerns a man who killed a grizzly bear cub in violation of the Endangered Species Act and claimed self-defense. It outlines the court ruling that the man enjoys a complete defense if he "actually, even if unreasonably, believe[s] his actions were necessary to protect himself or others" and discusses the implications of the decision.
Date:
November 29, 2017
Creator:
Doyle, Charles
System:
The UNT Digital Library
Supreme Court Declines to Take Up Military Commission Challenges-Al Bahlul and Al-Nashiri
This report discusses the Supreme Court's rejection of cases submitted by two detainees at Guantanamo Bay (Ali Hamza Ahmad Suliman al Bahlul & Abd Al-Rahim Hussein Al-Nashiri) challenging the current military commission system under the Military Commissions Act (MCA). It discusses the merits of the cases, the various legal proceedings regarding them, and case law related to the issue.
Date:
December 12, 2017
Creator:
Elsea, Jennifer K.
System:
The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1)
First part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It provides general background on an earlier case regarding the issue "Abood v. Detroit Board of Education" and the case law leading up to "Janus."
Date:
December 4, 2017
Creator:
Killion, Victoria L.
System:
The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2)
Second part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It begins with a brief summary of the parties' arguments, highlights some key statements from the prior decisions of Justice Gorsuch (who is likely to be a critical voice), and finally explores the potential implications of the decision.
Date:
December 4, 2017
Creator:
Killion, Victoria L.
System:
The UNT Digital Library
Suing Subway: When Does a Class Action Settlement Benefit Only the Lawyers
This report explores the U.S. Court of Appeals for the Seventh Circuit's "Subway" ruling which rejected a proposed settlement of a class-action suit brought against Subway for falsely advertising the length of their sandwiches; the settlement required them to inspect sandwich lengths and pay the plaintiff's attorney fees, but it only benefited the lawyers and not consumers. The report discusses the case's broader significance to class action litigation, tort reform, and consumer rights.
Date:
December 12, 2017
Creator:
Lewis, Kevin M.
System:
The UNT Digital Library
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
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
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?
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?
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
Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution
This report discusses the announcement that the Charlottesville, Virginia car crash attack is being investigated as a federal civil rights case. It also outlines the sections of the federal law under which the attack could be classified.
Date:
August 15, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
Climate Change Litigation Update: "Children's Crusade" Case Against the United States Goes Forward
This report discusses the case of "Juliana v. United States" which was brought by a group of 21 individuals all under the age of 20 organized through an Oregon nonprofit called Our Children's Trust. The plaintiffs seek to compel the federal government to reduce carbon dioxide emissions through appeals to the Constitution and common law.
Date:
January 1, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
Congressional Health Coverage: Is the Government Contribution in Limbo?
This report first provides an overview of the statutory framework governing congressional health coverage and the current Office of Personnel Management (OPM) rule, and then addresses certain legal considerations that may come into play should the Trump Administration take action to modify this existing rule.
Date:
August 24, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
Constitutional Limits on States's Efforts to "Uphold" the Paris Agreement
This report discusses state government efforts to uphold the requirements of the Paris Agreement on climate change after the announcement of the U.S.'s planned withdrawal from the agreement and constitutional limits on their efforts.
Date:
June 27, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
Dressed to the Nines: What's Next for the Nine-Justice Supreme Court?
This report discusses the confirmation of Judge Neil Gorsuch as a Supreme Court Justice and the effects he may have on current and upcoming cases as the ninth member of the Supreme Court.
Date:
April 10, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
The End of the Deferred Action for Childhood Arrivals (DACA) Program: Some Immediate Takeaways
This report outlines some of the major implications of ending the Deferred Action for Childhood Arrivals (DACA) Program, including common questions about what happens to current DACA recipients, and possibilities for Congress to consider.
Date:
September 8, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?
This report outlines significant cases on which Supreme Court nominee Neil Gorsuch had voted while on the Tenth Circuit court, organized by topical categories. These categories represent fields of law where Judge Gorsuch could, if confirmed, influence the High Court's approach.
Date:
February 13, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
The Fifth Amendment in Congressional Investigations
This report discusses the use and rules regarding invoking Fifth Amendments rights during Congressional investigations in the wake of the use of the Fifth Amendment by former national security adviser Michael Flynn during Congressional investigations.
Date:
May 26, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library
For First Time, FinCEN Imposes Penalty on Foreign-Based Virtual Currency Exchange for Violations of Anti-Money Laundering Laws
This report discusses the first case of enforcement by the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) against a foreign-based virtual currency exchange. The action was taken agains BTC-e for violations of anti-money laundering regulations in the U.S. and potential money laundering activities.
Date:
August 17, 2017
Creator:
Library of Congress. Congressional Research Service.
System:
The UNT Digital Library