The "National Security Exception" and the World Trade Organization (open access)

The "National Security Exception" and the World Trade Organization

This report examines the meaning of the national security exception in Article XXI of the General Agreement on Tariffs and Trade (GATT)--a provision also implicated in a recent World Trade Organization (WTO) dispute between Russia and Ukraine; a blockade of Qatar by Saudi Arabia, Bahrain, and the United Arab Emirates; and a few other disputes.
Date: November 28, 2018
Creator: Murrill, Brandon J.
System: The UNT Digital Library
District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border (open access)

District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border

This report discusses the Temporary Restraining Order (TRO) barring the Trump Administration from implementing new asylum restrictions. The asylum restrictions were prompted by reports of a "migrant caravan" traveling through Mexico to the southern border of the United States.
Date: November 27, 2018
Creator: Smith, Hillel R. & Harrington, Ben
System: The UNT Digital Library
Who Can Serve as Acting Attorney General (open access)

Who Can Serve as Acting Attorney General

This report discusses the two primary arguments raised to challenge the President's decision to name Matthew Whitaker as Acting Attorney General: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. § 508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy; and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the Department of Justice (DOJ).
Date: November 15, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
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
What Legal Obligations do Internet Companies Have to Prevent and Respond to a Data Breach? (open access)

What Legal Obligations do Internet Companies Have to Prevent and Respond to a Data Breach?

This report discusses obligations of Internet companies under both federal and state law. It also discusses several factors Congress might consider when weighing future legislation.
Date: October 25, 2018
Creator: Linebaugh, Chris D.
System: The UNT Digital Library
The United States and the "World Court" (open access)

The United States and the "World Court"

This report reviews the most recent International Court of Justice (ICJ) proceedings against the United States by Iran and the Palestine Liberation Organization (PLO) and the implications for Congress of the Trump Administration's withdrawal decision.
Date: October 17, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
Deference and its Discontents: Will the Supreme Court Overrule Chevron? (open access)

Deference and its Discontents: Will the Supreme Court Overrule Chevron?

The Chevron deference is a seminal administrative law doctrine established by the Court's opinion in the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. As several members of the Supreme Court are critical of the doctrine, this report discusses the possibility of the Court reconsidering Chevron in the near future.
Date: October 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
System: The UNT Digital Library
House Passes Bill to Amend the Federal "Crime of Violence" Definition (open access)

House Passes Bill to Amend the Federal "Crime of Violence" Definition

This report discusses the Community Safety and Security Act of 2018 (CSSA), which was recently passed in the House and which would amend the federal "crime of violence" (COV) definition.
Date: October 11, 2018
Creator: Smith, Hillel R.
System: The UNT Digital Library
Do Courts Have Inherent Authority to Release Secret Grand Jury Materials? (open access)

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
Statutory Canon Aimed at International Organization Immunity (open access)

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
EPA Proposes the Affordable Clean Energy Rule to Replace the Clean Power Plan (open access)

EPA Proposes the Affordable Clean Energy Rule to Replace the Clean Power Plan

This report explores the legal basis for the proposed Affordable Clean Energy (ACE) Rule and discusses the U.S. Environmental Protection Agency's (EPA's) authority to consider various emission reduction options for existing power plants under the Clean Air Act (CAA).
Date: September 26, 2018
Creator: Tsang, Linda
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
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
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
Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change (open access)

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
Supreme Court Nomination: CRS Products (open access)

Supreme Court Nomination: CRS Products

This document provides a list of all the Congressional Research Service reports describing the judicial decisions of Justice Kennedy and Judge Kavanaugh, as well as Supreme Court vacancies and nominations.
Date: August 24, 2018
Creator: Nolan, Andrew
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
When Does Double Prosecution Count as Double Jeopardy? (open access)

When Does Double Prosecution Count as Double Jeopardy?

This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
Date: August 16, 2018
Creator: Hsin, JD S.
System: The UNT Digital Library
IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information (open access)

IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information

This report will first provide background on the statute and regulations regarding tax-exempt organizations' (EOs') disclosure of contributor information. Next, the report will discuss the justifications of and reactions to the new policy, including the views of proponents and opponents of the new policy. The report will then discuss the litigation Montana has filed against the policy. Finally, the report will provide considerations for Congress.
Date: August 14, 2018
Creator: Carpenter, David H.
System: The UNT Digital Library
Can the President Pardon Contempt of Court? Probably Yes. (open access)

Can the President Pardon Contempt of Court? Probably Yes.

This report provides a brief background of contempt of court, explores the various arguments regarding whether a pardon can relieve an individual of criminal liability for contempt, and discusses potential congressional responses to the perceived abuse of the pardon power.
Date: August 10, 2018
Creator: Thompson, Richard M., II
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
Oops: When Does a Plain Error in Calculating a Defendant's Sentencing Guidelines Range Warrant Resentencing? (open access)

Oops: When Does a Plain Error in Calculating a Defendant's Sentencing Guidelines Range Warrant Resentencing?

This report discusses the Supreme Court opinion that an appellate court should exercise its discretion to correct an unpreserved error "if the error seriously affects the fairness, integrity or public reputation of judicial proceedings."
Date: August 8, 2018
Creator: Peck, Sarah Herman
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
Family Separation at the Border and the Ms. L. Litigation (open access)

Family Separation at the Border and the Ms. L. Litigation

This report explores the underlying policies resulting in family separation, the due process issues arguably implicated by these policies, and the political and judicial processes invoked to tackle the issue of family separation.
Date: July 31, 2018
Creator: Peck, Sarah Herman
System: The UNT Digital Library