The Travel Ban Case and Nationwide Injunctions (open access)

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
Third Circuit Invalidates "De Facto" Life Sentences for "Non-Incorrigible" Juvenile Offenders (open access)

Third Circuit Invalidates "De Facto" Life Sentences for "Non-Incorrigible" Juvenile Offenders

This report discusses a recent ruling by the U.S. Court of Appeals for the Third Circuit in the case of "United States v. Grant" that prohibits the use of "de facto" life sentences without possibility of parole (created by sentencing juveniles to prison terms longer than the average lifespan or that would end after they reached the typical retirement age) for juvenile offenders who have a reasonable potential for rehabilitation. The report also discusses previous decisions related to this issue and the split among appeals court over the proper application of the Eighth Amendment to juvenile sentencing restrictions.
Date: April 30, 2018
Creator: Smith, Alison M.
System: The UNT Digital Library
Can Corporations be Held Liable Under the Alien Tort Statute? (open access)

Can Corporations be Held Liable Under the Alien Tort Statute?

This report is an update of an earlier report discussing the Supreme Court case of "Jesner v. Arab Bank" which reports the final decision that foreign corporations such as Arab Bank may not be brought as defendants in lawsuits under the Alien Tort Statute.
Date: April 24, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
Overview of "Travel Ban" Litigation and Recent Developments (open access)

Overview of "Travel Ban" Litigation and Recent Developments

This report is an update of an earlier report regarding the "travel ban" litigation going through the courts and includes President Trump's April 10th,2018, executive order lifting travel restrictions on nationals of Chad.
Date: April 23, 2018
Creator: Smith, Hillel R. & Harrington, Ben
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
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
Mississippi Court Halts Enforcement of New Abortion Law (open access)

Mississippi Court Halts Enforcement of New Abortion Law

This report discusses a federal district court's decision to halt a new Mississippi law that banned abortions after 15 weeks unless the the life of the mother was in danger.
Date: April 10, 2018
Creator: Shimabukuro, Jon O.
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
When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies (open access)

When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies

This report first explains how, under current bankruptcy law, Chapter 9 (municipalities) debtors have significant freedom to modify their outstanding pension obligations through the bankruptcy process. The report then explores proposals to alter the legal principles governing the adjustment of municipal pensions in bankruptcy.
Date: April 10, 2018
Creator: Lewis, Kevin M.
System: The UNT Digital Library
Commerce Department Announces Citizenship Question on 2020 Census and Lawsuits Filed (open access)

Commerce Department Announces Citizenship Question on 2020 Census and Lawsuits Filed

This report discusses the Commerce Department's announcement that the 2020 U.S. census will include a citizenship question and various lawsuits filed in an effort to stop the question being included.
Date: April 6, 2018
Creator: Whitaker, L. Paige
System: The UNT Digital Library
What Happens When Five Supreme Court Justices Can't Agree? (open access)

What Happens When Five Supreme Court Justices Can't Agree?

This report discusses the Supreme Court case of "Hughes v. United States" where all five justices agreed on the party that should win but they could not agree on why that party should win. The report discusses what justice's opinion, if any should enter future law through case law precedent, similar past cases, and the background of the "Hughes" case.
Date: April 5, 2018
Creator: Lewis, Kevin M.
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
District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans (open access)

District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans

This report discusses the U.S. District for the Southern District of California's recent decision in a case brought by the State of California against the Department of Homeland Security (DHS) regarding DHS's right to waive environmental and other administrative laws for border fence building projects. The court agreed with other court rulings on the issue and affirmed DHS's right to waive the laws.
Date: April 2, 2018
Creator: Vann, Adam
System: The UNT Digital Library
Supreme Court Considering Second Partisan Gerrymandering Case This Term (open access)

Supreme Court Considering Second Partisan Gerrymandering Case This Term

This report discusses the Supreme Court case of "Benisek v. Lamone" which involves a challenge to a Maryland congressional district map on the basis that it was drawn as a part of partisan gerrymandering. Previous Supreme Court cases involving gerrymandering and background on this case is included.
Date: April 2, 2018
Creator: Whitaker, L. Paige
System: The UNT Digital Library
Clarifying "Gibberish": Supreme Court Holds That State Courts Can Hear Securities Act Lawsuits (open access)

Clarifying "Gibberish": Supreme Court Holds That State Courts Can Hear Securities Act Lawsuits

This report discusses the background of the case of "Cyan Inc. v. Beaver County Employees Retirement Fund", the Supreme Court's decision, and the decision's implications for securities litigation.
Date: March 29, 2018
Creator: Sykes, Jay B.
System: The UNT Digital Library
Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 1) (open access)

Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 1)

This report discusses the Office of the U.S. Trade Representative's (USTR) recent investigation under Section 301 of the Trade Act of 1974 to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation were unreasonable or discriminatory and burdening or restricting U.S. commerce and President Trumps's memorandum in response.
Date: March 29, 2018
Creator: Lewis, Caitlin Devereaux
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
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
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
It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran (open access)

It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran

This report discusses the Supreme Court's decision in the case of "Rubin v. Islamic Republic of Iran" where the court ruled that the Foreign Sovereign Immunities Act (FSIA) did not permit U.S. victims of Iran-sponsored terrorist attacks to seize a collection of Persian antiquities on loan from Iran to a museum at the University of Chicago. The background of the case and case law about the FSIA is also discussed.
Date: March 22, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
Net Neutrality: Will the FTC Have Authority Over Broadband Service Providers (open access)

Net Neutrality: Will the FTC Have Authority Over Broadband Service Providers

This report discusses the U.S. Court of Appeals for the Ninth Circuit decision in "FTC v. AT&T Mobility". The implications of this decision on net neutrality are also discussed.
Date: March 20, 2018
Creator: Ruane, Kathleen Ann
System: The UNT Digital Library
Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims (open access)

Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims

This report discusses the Supreme Court's decision to decline to review the case of "Perry Capital LLC. v. Murchin" which denied the claims of Fannie Mae and Freddie Mac shareholders against the federal government. It also discusses some of the plaintiffs desire to seek legislative reform from Congress to change the law governing profit transfers from Fannie Mae and Freddie Mac.
Date: March 16, 2018
Creator: Carpenter, David H.
System: The UNT Digital Library
Update of "All Eyes on Allergan: Drug Company's Unprecedented Move Raises Questions for Patent and Drug Law (Part 1)" (open access)

Update of "All Eyes on Allergan: Drug Company's Unprecedented Move Raises Questions for Patent and Drug Law (Part 1)"

This report is an update of a previous report discussing the case of "Allergan Inc. v. Teva Pharmaceuticals USA Inc." which deals with patent law and the rights of brand-name pharmaceutical companies and generic pharmaceutical companies as well as Native American tribes sovereign rights because the St. Regis Mohawk Tribe is a co-plaintiff in the case. The case is currently in the appeals process.
Date: March 16, 2018
Creator: Lewis, Caitlin Devereaux
System: The UNT Digital Library
Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case? (open access)

Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?

This report discusses the Supreme Court case of "Patchak v. Zinke" and its relevance to Congress. It begins by briefly describing the Court's prior attempts to demarcate the boundaries of Congress's power to take cases away from the federal judiciary. It then discusses the facts and opinions in Patchak and analyzes the effect Patchak may have on Congress's legislative objectives.
Date: March 15, 2018
Creator: Lewis, Kevin M.
System: The UNT Digital Library