Can Congress Limit the President's Power to Launch Nuclear Weapons? (open access)

Can Congress Limit the President's Power to Launch Nuclear Weapons?

This report discusses whether Congress has the power to implement legislation restricting the President from using nuclear weapons under the separation of powers principle.
Date: November 9, 2017
Creator: Mulligan, Stephen P.
System: The UNT Digital Library
EPA Proposes to Repeal the Clean Power Plan (open access)

EPA Proposes to Repeal the Clean Power Plan

This report discuses the EPA proposal in October 2017 to repeal the "Clean Power Plan" due to their determination after review of the rule that it exceeded their statutory authority to implement it. Steps in the process of repealing the rule, the outcome of the current court case regarding the rule, and possible replacement rules regarding Carbon dioxide emissions and power plants.
Date: November 13, 2017
Creator: Tsang, Linda
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
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2) (open access)

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2)

This report is the secondt 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. Debate among judges regarding the right of an unaccompanied alien minor to have an abortion when the minor was detained at the border and technically never formally entered the United States are discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
System: The UNT Digital Library
Fibbing to Get a Lawyer: Circuits Split on Punishment (open access)

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
In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act? (open access)

In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act?

This report discusses the requirements under the Gun Control Act of 1968 that prohibit persons convicted of felony crimes and misdemeanor domestic violence from buying or possessing firearms and what courts are covered under the phrase "any court' in the legislation.
Date: November 14, 2017
Creator: Peck, Sarah Herman
System: The UNT Digital Library
Joint Employment and the Save Local Business Act (open access)

Joint Employment and the Save Local Business Act

This report discusses the proposed "Save Local Business Act" in the House and its provisions and implications for employers and employees in businesses where unions exist. The National Labor Relations Board (NLRB) broadening of the definition of what constituted a joint employer in the case of Browning-Ferris Industries of California led to resist by some in the business community and the "Save Local Business Act" seeks to restore the former more narrow definition of joint employers.
Date: November 15, 2017
Creator: Shimabukuro, Jon O.
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
The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a "Tip" (open access)

The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a "Tip"

This report discusses a recent court decision regarding insider trading laws and the liability of someone who acts on a tip that consists of inside information that they should have known was obtained or shared illegally. Background on the case, relevant case law, and implications of the decision are discussed.
Date: November 14, 2017
Creator: Vanatko, Nicole
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
A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In (open access)

A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In

This report discusses the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in "Teixeira v. County of Alameda" which reversed the original court decision which held that Second Amendment rights applied to commercial firearm sellers. The course of the case and decision and implications of the ruling are also discussed.
Date: November 2, 2017
Creator: Peck, Sarah Herman
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
Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue (open access)

Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue

This report discusses the case of "Ohio v. American Express" which the Supreme Court has accepted for hearing which poses the question of how federal antitrust law should treat two-sided markets which are platforms in which two distinct user groups operate in an interdependent way. The case challenges anti-steering clauses in American Express contract agreements with merchants that prevent the merchants from promoting the use of other credit cards. The case has the potential to change the way vendors accept card payments across the country--but the case also provides the Supreme Court with the opportunity to guide the lower courts that are increasingly confronting antitrust issues concerning two-sided markets. As a result, the American Express case raises several issues for Congress that could implicate its legislative and oversight roles with respect to the financial services industry and, more generally, the regulation of two-sided markets.
Date: November 13, 2017
Creator: Smith, Austin D.
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