The Take Care Clause and Executive Discretion in the Enforcement of Law (open access)

The Take Care Clause and Executive Discretion in the Enforcement of Law

This report addresses the President's general obligation to "take Care that the Laws be faithfully executed." The report then discusses the limited role the judicial branch has traditionally adopted in reviewing discretionary enforcement decisions, including the decision to initiate a criminal prosecution or an administrative enforcement action. The report concludes with a discussion of Congress's authority to restrict executive discretion in the enforcement of federal law.
Date: September 4, 2014
Creator: Garvey, Todd
System: The UNT Digital Library
Congressional Participation in Article III Courts: Standing to Sue (open access)

Congressional Participation in Article III Courts: Standing to Sue

This report seeks to provide an overview of Congress's ability to participate in litigation before Article III courts. The report is limited to a discussion of Congress's participation in litigation as either a plaintiff (e.g., the party initiating the suit alleging some sort of harm or violation of law) or as a third-party intervener (e.g., a party who is seeking to join litigation already initiated by another plaintiff).
Date: September 4, 2014
Creator: Dolan, Alissa M. & Garvey, Todd
System: The UNT Digital Library
A Primer on the Reviewability of Agency Delay and Enforcement Discretion (open access)

A Primer on the Reviewability of Agency Delay and Enforcement Discretion

This report discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
Date: September 4, 2014
Creator: Shedd, Daniel T. & Garvey, Todd
System: The UNT Digital Library
Ukraine: Current Issues and U.S. Policy (open access)

Ukraine: Current Issues and U.S. Policy

This report offers background information on Ukraine's current political and economic situation. It also discusses U.S. policy, U.S. aid to Ukraine, the congressional response, and related legislation.
Date: September 4, 2014
Creator: Woehrel, Steven
System: The UNT Digital Library
Small Business Administration Microloan Program (open access)

Small Business Administration Microloan Program

None
Date: September 4, 2014
Creator: unknown
System: The UNT Digital Library
Article III Standing and Congressional Suits Against the Executive Branch (open access)

Article III Standing and Congressional Suits Against the Executive Branch

This report summarizes article III's standing and congressional suits against the executive branch.
Date: September 4, 2014
Creator: Dolan, Alissa M.
System: The UNT Digital Library
Campaign Finance: Constitutionality of Limits on Contributions and Expenditures (open access)

Campaign Finance: Constitutionality of Limits on Contributions and Expenditures

The First Amendment to the U.S. Constitution provides that "Congress shall make no law.... abridging the freedom of speech, or of the press." This provision limits the government's power to restrict speech. In 1976, the Supreme Court issued its landmark campaign finance ruling in Buckley v. Valeo. In Buckley, the Court determined that limits on campaign contributions, which involve giving money to an entity, and expenditures, which involve spending money directly for electoral advocacy, implicate rights of political expression and association under the First Amendment. In view of the fact that contributions and expenditures facilitate speech, the Court concluded, they cannot be regulated as mere conduct. This report contains information on allowed contributions and expenditures.
Date: September 4, 2014
Creator: Whitaker, L. Paige
System: The UNT Digital Library