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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
Responding to the Opioid Epidemic: Legal Developments and FDA's Role
This report discusses the opioid epidemic in the U.S. and the role of the Federal Food and Drug Administration (FDA) in helping end the epidemic. The report provides an overview of FDA's existing authorities, the historical context for the opioid epidemic, and the agency's current plan for combatting the opioid epidemic, concluding with an examination of the broader legal questions concerning the crisis.
Date:
March 6, 2018
Creator:
Armstrong, Kathryn B.
System:
The UNT Digital Library
Questions Remain, Litigation Continues, over Military Service by Transgender Individuals
This report discusses the controversy regarding transgender individuals serving in the military, President Trump's memorandums on the subject, and the four lawsuits challenging the President's memorandums.
Date:
July 5, 2018
Creator:
Back, Christine J.
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.
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
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
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
Update: Who's the Boss at the CFPB
This report is an update regarding the acting director of the Consumer Financial Protection Bureau, as there were two indivuduals who claimed the right to the job. The Trump Administration appointed acting director, Mick Mulvaney, was confirmed in his position after a lawsuit filed by the previous acting director, Leandra English, was denied by the DC courts.
Date:
January 11, 2018
Creator:
Brannon, Valerie C. & Cole, Jared P.
System:
The UNT Digital Library
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
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
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
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
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
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
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
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
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
No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet
This report discusses the reluctance by the Supreme Court to take cases involving the Second Amendment. Commentators have observed that the Court appears to have become "gun shy" regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010.
Date:
October 23, 2014
Creator:
Chu, Vivian S.
System:
The UNT Digital Library
Organizing Executive Branch Agencies: Who Makes the Call?
This report lays out the applicable legal considerations relevant to analyzing potential executive branch agency reorganizations that have been proposed by the Trump Administration.
Date:
June 27, 2018
Creator:
Cole, Jared P.
System:
The UNT Digital Library
Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity
This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
Date:
January 24, 2018
Creator:
Doyle, Charles
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
Hostage-Taking Statute Covers Kidnapping for Ransom Abroad
This report discusses the U.S. Court of Appeals case United States v. Noel, in which Noel challenged his conviction for seizing an American citizen in Haiti to hold for ransom.
Date:
July 30, 2018
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
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