The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases (open access)

The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases

This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in opinion among courts.
Date: December 18, 2017
Creator: Smith, Hillel R.
System: The UNT Digital Library
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 1) (open access)

Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 1)

First part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part provides general background on the SIFI designation process
Date: December 1, 2017
Creator: Sykes, Jay B.
System: The UNT Digital Library
Supreme Court Declines to Take Up Military Commission Challenges-Al Bahlul and Al-Nashiri (open access)

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
Supreme Court Declines to Review Ninth Circuit Court Decision Applying Federal Reserved Water Rights Doctrine to Groundwater (open access)

Supreme Court Declines to Review Ninth Circuit Court Decision Applying Federal Reserved Water Rights Doctrine to Groundwater

This report discusses the case of "Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District" relating to groundwater water rights on federal lands. The Supreme Court declined to hear the case in July 2017.
Date: December 21, 2017
Creator: Wyatt, Alexandra M.
System: The UNT Digital Library
Federal Procurement Law and Natural Disasters (open access)

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
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 2) (open access)

Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 2)

Second part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part discusses the legal debate over the designation process, the Treasury Department's recommended changes for the process, and how those changes may affect the Senate's consideration of the Financial CHOICE Act of 2017 (which would repeal FSOC's authority to designate non-banks as SIFIs altogether).
Date: December 1, 2017
Creator: Sykes, Jay B.
System: The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2) (open access)

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
What Happens if H.R. 1 Conflicts with U.S. Tax Treaties? (open access)

What Happens if H.R. 1 Conflicts with U.S. Tax Treaties?

This report discusses what happens if a new U.S. tax law contradicts existing U.S. international tax treaties, with considerations for Congress.
Date: December 19, 2017
Creator: Lunder, Erika K.
System: The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1) (open access)

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
Suing Subway: When Does a Class Action Settlement Benefit Only the Lawyers (open access)

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
"Nosal" Parts 1 & 2: Password Sharing May Be a Federal Crime & Circuit Split on Restitution for Attorney's Fees (open access)

"Nosal" Parts 1 & 2: Password Sharing May Be a Federal Crime & Circuit Split on Restitution for Attorney's Fees

This report discusses the case of "Nosal v. United States" and charges against Nosal for fraud, stealing trade secrets, and access without authorization charges under the Computer Fraud and Abuse Act (CFAA). The charges under the CFAA are discussed in-depth along with implications for consensual password sharing being covered under the act. Restitution of attorneys fees in the case by Nosal are also discussed.
Date: December 9, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Can the President Withdraw from the Paris Agreement? (open access)

Can the President Withdraw from the Paris Agreement?

This report discusses legal rules governing the ability of the President to withdraw from the Paris Climate Agreement and other similar agreements.
Date: December 5, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Former U.S. Hostages of Iran to be Eligible for Compensation (open access)

Former U.S. Hostages of Iran to be Eligible for Compensation

This legal sidebar briefly discusses the U.S. victims of the 1979-1981 Iran Hostage Crisis, who will become eligible to receive up to $4.4 million each in compensation, thanks to the Justice for United States Victims of State Sponsored Terrorism Act.
Date: December 29, 2015
Creator: unknown
System: The UNT Digital Library
Anti-Terrorist/Anti-Money Laundering Information-Sharing by Financial Institutions under FINCEN's Regulations (open access)

Anti-Terrorist/Anti-Money Laundering Information-Sharing by Financial Institutions under FINCEN's Regulations

This report discusses Information-sharing programs developed by Treasury's Financial Crimes Enforcement Network (FINCEN) designed to aid law enforcement investigation and prosecution of money laundering and terrorist financing.
Date: December 10, 2014
Creator: unknown
System: The UNT Digital Library
Selected CRS Materials on Detention and Interrogation of Terrorist Suspects and Enemy Belligerents (open access)

Selected CRS Materials on Detention and Interrogation of Terrorist Suspects and Enemy Belligerents

This legal sidebar discusses issues of contention, which include whether U.S. detention and interrogation practices were permissible under domestic and international law, and whether U.S. personnel who authorized or engaged in such practices could be subject to criminal liability.
Date: December 16, 2014
Creator: unknown
System: The UNT Digital Library
School Locker Rooms Become the New Battleground in the Gender (Identity) Wars (open access)

School Locker Rooms Become the New Battleground in the Gender (Identity) Wars

This legal sidebar discusses the decision of the Department of Education (ED) to side with a transgender female student in Illinois who alleged that her public high school had discriminated against her when it denied her access to the girls' locker rooms.
Date: December 24, 2015
Creator: unknown
System: The UNT Digital Library
Big Deal? U.S. Changes Stance on Cruelty Prohibition (open access)

Big Deal? U.S. Changes Stance on Cruelty Prohibition

This legal sidebar outlines a change in the U.S. interpretation regarding aspects of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); these comments were presented as part of the U.S. periodic report to the U.N. Committee Against Torture.
Date: December 16, 2014
Creator: unknown
System: The UNT Digital Library
Tying Up Loose Ends... Supreme Court To Evaluate Federal Firearm Provision Again (open access)

Tying Up Loose Ends... Supreme Court To Evaluate Federal Firearm Provision Again

This legal sidebar discusses certiorari to hear Voisine v. United States, a decision examining the federal provision that makes it unlawful for an individual to possess a firearm or ammunition if he or she has been convicted of a misdemeanor crime of domestic violence (MCDV).
Date: December 3, 2015
Creator: unknown
System: The UNT Digital Library
Special Prosecutors: Investigations and Prosecutions of Police Use of Deadly Force (open access)

Special Prosecutors: Investigations and Prosecutions of Police Use of Deadly Force

This legal sidebar discusses the suggestion to appoint a special prosecutor to investigate cases of alleged law enforcement criminality.
Date: December 12, 2014
Creator: unknown
System: The UNT Digital Library