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Only Minimal Impact on Commerce Needed for Attempted Bombing
This report discusses the decision of the United States Court of Appeals for the Eleventh Circuit in the United States v. Suarez case, that a minimal impact on commerce is sufficient to satisfy the jurisdictional requirement of the federal weapons of mass destruction statute. This decision seems to reflect a growing willingness of federal appellate courts to read broadly Congress's Commerce Clause powers.
Date:
July 26, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Russians Indicted for Online Election Trolling
This report discusses the indictment of three Russian companies and 13 Russian national by the Department of Justice for interference in the 2016 presidential election. The charges brought for each one are detailed along with the sentencing guidelines for the crimes.
Date:
February 21, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Victim Restitution: Attorney's Fees for Internal Investigations?
This report discusses of whether a federal statute which requires victim reimbursement for "other expenses incurred during participation in the investigation or prosecution of the [victimizing] offense" cover "costs that were neither required nor requested by the government, including costs incurred for the victim's own purposes and unprompted by any official action? An upcoming Supreme Court case ("Lagos v. United States") is set to consider this question.
Date:
February 6, 2018
Creator:
Doyle, Charles
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
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
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
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
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
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
So, Now Can Menachem Zivotofsky Get His Passport Reissued to Say "Israel"?
This report discusses possible effects of President Trump's announcement of moving the U.S. embassy to Jerusalem for U.S. citizens born in Jerusalem whose passport listed place of birth is simply Jerusalem not Israel.
Date:
March 1, 2018
Creator:
Elsea, Jennifer K.
System:
The UNT Digital Library
Statutory Canon Aimed at International Organization Immunity
This report discusses the upcoming Supreme Court case Jam v. International Finance Corp. The petitioners--a group of Indian nationals from Gujarat--seek to hold International Finance Corp. (IFC) liable for extensive environmental damage throughout their community caused by the construction of a power plant financed and overseen by IFC. The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) dismissed their lawsuit, holding, in accordance with the circuit's precedent, that the International Organizations Immunities Act (IOIA) grants absolute immunity to IFC in this case.
Date:
October 5, 2018
Creator:
Elsea, Jennifer K.
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
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
Do Courts Have Inherent Authority to Release Secret Grand Jury Materials?
This report discusses the issue of releasing secret grand jury material. Although a long-established principle that has been deemed essential to the grand jury's functioning and independence is that matters occurring before it are to be kept secret, the Federal Rule of Criminal Procedure 6(e) establishes exceptions.
Date:
October 5, 2018
Creator:
Foster, Michael A.
System:
The UNT Digital Library
Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change
This report provides an overview of criminal sentencing law by briefly describing the use of relevant conduct under the Guidelines and tracing the Supreme Court case law that has informed the practice, before addressing judicial commentary and recently proposed legislation regarding the use of acquitted or uncharged conduct at sentencing.
Date:
August 24, 2018
Creator:
Foster, Michael A.
System:
The UNT Digital Library
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
The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law
This report discusses the Logan Act, including a brief explanation of some of the constitutional concerns that surround the law. This report concludes with a discussion of what Congress could do to modify the statute to make it less susceptible to some of these concerns.
Date:
January 12, 2018
Creator:
Freeman, Wilson C.
System:
The UNT Digital Library
"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power"
This report provides background on "Marbury v. Madison" and the upcoming case of Dalmazzi v. United States" which challenges the jurisdiction of the Supreme Court over the Court of Appeals for the Armed Forces (CAAF) and concludes by exploring the potential ramifications of the jurisdictional question "Dalmazzi" poses.
Date:
January 16, 2018
Creator:
Freeman, Wilson C.
System:
The UNT Digital Library
The Travel Ban Case and Nationwide Injunctions
This report addresses when, if ever, a regional federal trial judge adjudicating a case involving the federal government can award nationwide injunctive relief--a court order that commands a party to take or refrain from taking some action throughout the country. In the context of a suit against the federal government, an injunction with this type of "universal" effect acts to effectively void the law or policy in question. This report briefly explores the nationwide injunction at issue in the travel ban case (Trump v. Hawaii) and surveys a handful of the scholarly and judicial arguments surrounding the nationwide injunction in general
Date:
May 2, 2018
Creator:
Freeman, Wilson C.
System:
The UNT Digital Library
Can the Government Prohibit 18-Year Olds From Purchasing Firearms?
This report discusses whether the federal government can prevent 18 year old individuals from buying firearms. The report examines case law regarding the issue.
Date:
March 13, 2018
Creator:
Garcia, Michael John
System:
The UNT Digital Library
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
The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read?
This report highlights many of Judge Brett M. Kavanaugh's judicial opinions that have received the greatest degree of attention from legal observers. Judge Kavanaugh, whom President Trump has nominated to fill the impending Supreme Court vacancy caused by Justice Anthony M. Kennedy's retirement from the Court, has amassed a voluminous record of judicial writings during his legal career. These writings are certain to be a key topic of interest as the Senate prepares to hold hearings and a possible vote on Judge Kavanaugh's nomination to the High Court.
Date:
July 25, 2018
Creator:
Garcia, Michael John
System:
The UNT Digital Library
The Obama Administration's Announced Immigration Initiative: A Primer
This report discusses the immigration initiative announced by Obama administration that could enable a substantial portion of the unlawfully-present alien population to obtain temporary relief from removal and work authorization.
Date:
November 24, 2014
Creator:
Garcia, Michael John
System:
The UNT Digital Library
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