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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
Who's the Boss at the CFPB? (open access)

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
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
Supreme Court Reiterates Congress's Exclusive Role in Regulating Lower Federal Court Jurisdiction (open access)

Supreme Court Reiterates Congress's Exclusive Role in Regulating Lower Federal Court Jurisdiction

This report discusses the Supreme Court's decision in "Hamer v. Neighborhood Housing Service of Chicago" which affirmed that only the legislative branch may make rules governing the inferior federal courts' subject-matter jurisdiction.
Date: November 29, 2017
Creator: Peck, Sarah Herman
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
Killing Endangered Species: What's Reasonable Self-Defense? (open access)

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
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
Help Wanted: Supreme Court Holds Vacancies Act Prohibits Nominees from Serving as Acting Officers (open access)

Help Wanted: Supreme Court Holds Vacancies Act Prohibits Nominees from Serving as Acting Officers

This report discusses the Federal Vacancies Reform Act of 1998 and a recent Supreme Court case decision in "NLRB v SW General Inc." related to acting officials filling Presidential nominated positions under the Vacancies Act.
Date: June 28, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Pending ACA Legal Challenges Remain as Congress Pursues Health Care Reform (open access)

Pending ACA Legal Challenges Remain as Congress Pursues Health Care Reform

This report discusses developments since January 2017 related to legal challenges to the Affordable Care Act (ACA) and health care reform.
Date: July 13, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
No "Bivens" for You? (open access)

No "Bivens" for You?

This report discusses the Supreme Court's ruling in "Ziglar v. Abbassi" and the "Bivens" remedy that the plaintiffs were attempting to use to win their case. The "Bivens" remedy is a legal precedent that came from a 1971 case where the plaintiff Bivens sued federal agents with the Federal Bureau of Narcotics for violations of the fourth amendment due to them handcuffing him inside his own home without a warrant. It has been used two other times for suits against federal officials related to breaches of constitutional rights, one related to gender bias and equality and the other for lack of medical care in prison.
Date: July 5, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
The Legal and Practical Effects of Private Immigration Legislation and Recent Policy Changes (open access)

The Legal and Practical Effects of Private Immigration Legislation and Recent Policy Changes

This report discusses the use of private immigration bills in Congress which allow Congress to grant permanent residency status to an immigrant who is not eligible under normal immigration procedures but that they deem to have extraordinary equities in the United States. It also addresses the announcement of new rules by the Immigration and Citizenship Enforcement Department (ICE) that limit stays of removal granted to immigrants who are proposed beneficiaries of a private immigration bill in Congress.
Date: June 30, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Constitutional Limits on States's Efforts to "Uphold" the Paris Agreement (open access)

Constitutional Limits on States's Efforts to "Uphold" the Paris Agreement

This report discusses state government efforts to uphold the requirements of the Paris Agreement on climate change after the announcement of the U.S.'s planned withdrawal from the agreement and constitutional limits on their efforts.
Date: June 27, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Legislative Proposals Seek Statutory Protections Related to Removing a Special Counsel (open access)

Legislative Proposals Seek Statutory Protections Related to Removing a Special Counsel

This report discusses the current rules for special counsels investigating executive branch officials and new proposed laws regarding special counsels and the process required to remove one from their position.
Date: August 22, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Presidential Pardons: Frequently Asked Questions (FAQs) (open access)

Presidential Pardons: Frequently Asked Questions (FAQs)

This report provides a general overview of the pardon power and briefly addresses a few frequently-asked legal questions concerning its scope and application, such as: whether the President can issue a "prospective pardon, pardon himself or issue "secret" pardons, whether the acceptance of a pardon is an admission of guilt, and whether Congress can regulate the President's pardon power.
Date: August 28, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Update: The Microsoft Ireland Decision: U.S. Appeals Court Rules that ECPA does not Require Internet Service Providers to Produce Electronic Communications Stored Overseas (open access)

Update: The Microsoft Ireland Decision: U.S. Appeals Court Rules that ECPA does not Require Internet Service Providers to Produce Electronic Communications Stored Overseas

This report discusses the decision of the U.S. Court of Appeals for the Second Circuit in the case of "Microsoft Corporation v. United States" where the court ruled that the U.S. could not enforce a subpoena asking Microsoft to retrieve emails stored on a server in Ireland. On June 28, 2017 the United States filed for reversal of the decision through a writ of certiorari in the Supreme Court.
Date: June 28, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
The End of the Deferred Action for Childhood Arrivals (DACA) Program: Some Immediate Takeaways (open access)

The End of the Deferred Action for Childhood Arrivals (DACA) Program: Some Immediate Takeaways

This report outlines some of the major implications of ending the Deferred Action for Childhood Arrivals (DACA) Program, including common questions about what happens to current DACA recipients, and possibilities for Congress to consider.
Date: September 8, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1) (open access)

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1)

This report is the first in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. The facts of the case and a discussion of the court's decision and whether the Health and Human Services Department policy regarding abortions unduly burdens a woman's right to an abortion is discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
System: The UNT Digital Library
Out of Office: Vacancies, Acting Officers, and Day 301 (open access)

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